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 – 2021)
- Chambers USA: Massachusetts – Bankruptcy/Restructuring (2006 – 2016)
- Included on the Massachusetts Super Lawyers: Bankruptcy: Business list (2006 – 2019)
- Included on the Massachusetts Super Lawyers: Rising Stars – Bankruptcy & Creditor/Debtor Rights list (2005 – 2006)
- Madison’s Who’s Who Honors Edition (2006 – 2007)
Recent Insights
Viewpoints
Small Business Chapter 11 Eligibility Expanded Under CARES Act
April 2, 2020 |Blog
News & Press
Viewpoints
First Circuit Issues Important Ruling on Valuing Secured Claims in Settled Causes of Action
April 22, 2020 | Blog | By Kevin Walsh, Tim McKeon
Small Business Chapter 11 Eligibility Expanded Under CARES Act
April 2, 2020 | Blog | By Kevin Walsh
Ninth Circuit: No Ulterior Motive, No Bad Faith When Buying Claims to Block Confirmation
July 24, 2018 | Blog | By Kevin Walsh
In Massachusetts, Directors and Investors Acting in their Normal Capacities Do Not Have Personal Liability for Wage Act Violations
February 8, 2018 | Blog | By Kevin Walsh
Split Third Circuit Holds Transfer By Non-Debtor Cannot Be Fraudulent Transfer
January 31, 2018 | Blog | By Kevin Walsh
Bankruptcy Restrictions in Operating Agreement Held Unenforceable
October 4, 2017 | Blog | By Kevin Walsh
Delaware Court Holds that Trademark License Cannot be Assigned Without Consent
August 28, 2017 | Blog | By Kevin Walsh
Exculpatory Provisions Under Delaware Law: Say What You Mean And Mean What You Say
July 10, 2017 | Blog | By Kevin Walsh
Bankruptcy Settlements Post-Jevic: Potential New Requirements for Priority-Altering Settlements
May 9, 2017 | Blog | By Kevin Walsh
Buyer Beware: Bankruptcy Assets not “Free and Clear” if Due Process is Lacking
February 28, 2017 | Blog | By Kevin Walsh
News & Press
Mintz Represents The Paper Store in Chapter 11 Bankruptcy Proceedings
September 14, 2020
Mintz Pro Bono Service Recognized by U.S. Bankruptcy Court
October 04, 2018
Mintz Represents Bay Point Advisors in $6.6M Coal Sector Term Loan
February 08, 2018