Kevin is an accomplished bankruptcy attorney whose practice encompasses restructurings, workouts, and commercial financing transactions. He has more than two decades of experience working with debtors and creditors, including bondholders, trustees, financial institutions, and insurers. He represents parties in bankruptcy cases in courts around the country and handles out-of-court workouts and receivership matters. Lenders and borrowers rely on his counsel with regard to working capital and asset-based financings, acquisition loans, syndicated credit facilities, and debtor-in-possession financings. Kevin also advises corporate boards on fiduciary duty issues around insolvency.
Kevin’s practice focuses on all aspects of bankruptcy and commercial law, workouts, restructurings, and commercial lending transactions, including negotiating and documenting commercial loans and credits. For over 20 years, he has represented debtors and creditors, including bondholders, trustees, financial institutions, and insurers. Kevin's experience includes out-of-court workouts, ABCs, receivership, and bankruptcy proceedings in courts and around the country.
His lending experience includes the representation of lenders and borrowers, in matters involving working capital and asset based financings, acquisition loans, syndicated credit facilities, and debtor-in-possession financings. Kevin also advises corporate boards on fiduciary duty issues during and approaching insolvency.
Kevin has written articles and lectured in a variety of legal and business forums, including Massachusetts Continuing Legal Education, on various topics related to bankruptcies, restructurings, and commercial lending, including bankruptcy sales (both buyer and seller perspectives), recharacterization of equity and equitable subordination, recognizing bankruptcy risks in second lien lending situations, negotiating credit agreements, and enforcing guaranties. He is the editor of the Distressing Matters blog.
During law school, he was an articles editor of the New York Law School Law Review and a national finalist in the Judge Duberstein Bankruptcy Moot Court Competition.
Education
- New York Law School (JD)
- Trinity College (BA)
Experience
- Represented Time, Inc., an American mass media company in a so-called strict foreclosure under Article 9 of the Uniform Commercial Code in California and Delaware. Our team represented Time in a number of jurisdictions across the country and was able to defeat each such claim or settle a handful of claims for a nominal amount.
- Represented the indenture trustee for convertible note holders retaining the largest, single unsecured notes claim in the Energy XXI bankruptcy case, which had in excess of $3 billion of secured and unsecured debt .Our team litigated issues concerning: misrepresentations and misstatements in the debtors’ disclosure statement and plan of reorganization; undervaluing of the debtors’ assets; failure of the plan to provide the minimum amount of distributions to creditors; and the improper release of claims against the debtors insiders all for the purpose of forcing the debtors plan to be terminated and the unsecured creditors plan of reorganization to be confirmed.
Recognition & Awards
- Best Lawyers in America: Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2013 – 2020)
- Chambers USA: Massachusetts – Bankruptcy/Restructuring (2006 – 2016)
- Included on the Massachusetts Super Lawyers: Bankruptcy & Creditor/Debtor Rights list (2006 – 2017)
- Included on the Massachusetts Super Lawyers: Rising Star – Bankruptcy & Creditor/Debtor Rights list (2005 – 2006)
- Madison’s Who’s Who Honors Edition (2006 – 2007)
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