William W. Kannel
Member / Chair, Bankruptcy & Restructuring Practice
+1.617.348.1665
Bill is a nationally recognized bankruptcy attorney with extensive experience in corporate and municipal reorganizations and debt restructurings both in and out of court. He represents creditors and debtors across a wide range of industries throughout the country in all phases of distressed debt negotiations, bankruptcy litigation, and distressed asset acquisitions. Bill is also recognized as one of the leading attorneys in the nation for his work representing bond trustees and bondholders in Chapter 9 bankruptcies and other governmental and municipal insolvencies.
Bill is the chair of the firm's Bankruptcy & Restructuring Practice. His practice focuses primarily on commercial law and litigation, workouts, and corporate and municipal restructurings. Bill has represented various institutional lenders, indenture trustees, bondholders, and other creditors, debtors, and trustees in all manner of insolvency proceedings in courts throughout the United States.
His industry experience encompasses municipalities, airlines, hospitals and other health care facilities, retail, telecom, energy and clean tech, waste disposal, military housing, hotels, and educational institutions.
He has substantial experience in all phases of bankruptcy litigation, practice, and case management from both the debtor’s and creditor’s perspective, including relief from stay, adequate protection, valuation, preference, fraudulent transfer, subordination, competing plan, and appellate litigation. One of his specialty areas is in negotiating sales of troubled companies and assets, both in and out of bankruptcy. His practice also includes addressing bankruptcy and documentation issues in securitizations, receivable sales, bond transactions, and structured financings generally.
Bill is active in the American College of Bankruptcy, American Bankruptcy Institute and the Turnaround Management Association and frequently lectures and writes on insolvency issues in front of these groups and numerous other bar, trade, and industry groups, including the National Federation of Municipal Analysts and its constituent societies and the Municipal Bond Buyers Conference. He served as an editor-in-chief of the American Bankruptcy Institute Health Care Insolvency Manual and served as co-chair of the American Bankruptcy Institute’s Health Care Insolvency Section.
Education
- Boston University School of Law (JD)
- Wesleyan University (BA)
Experience
- Representation of ad-hoc sewer and water revenue bondholders in Chapter 9 of Detroit, Michigan proceedings in the United States Bankruptcy Court for Eastern District of Michigan.
- Representation of ad-hoc group of second lien bondholders in Chapter 11 of Caesars Entertainment Corp. in the United States Bankruptcy Court for the District of Illinois.
- Representation of indenture trustee for first lien bondholders in Chapter 11 bankruptcy of Molycorp, Inc. et. al. in United States Bankruptcy Court for the District of Delaware.
- Representation of numerous institutional holders of municipal bond debt of the Commonwealth of Puerto Rico and related entities.
- Representation of indenture trustees in numerous Chapter 9 hospital district cases including Atoka Medical Center in the United States Bankruptcy Court for Eastern District of Oklahoma, Tulare Medical Center in the United States Bankruptcy Court for Eastern District of California and Palm Drive Health Care District in the United States Bankruptcy Court for Northern District of California.
- Representation of indenture trustee for lease revenue and special revenue debt in Chapter 9 of Stockton, California in the United States Bankruptcy Court for the Eastern District of California.
- Representation of indenture trustee in receivership of Scranton Parking Authority in Scranton, Pennsylvania.
- Representation of indenture trustee in receivership of Central Falls Detention Facility Corporation in Central Falls, Rhode Island.
- Representation of Synata Bio Inc. in the purchase of assets from Abengoa Bioenergy Biomass of Kansas, LLC pending in the United States Bankruptcy Court for the District of Kansas.
- Representation of liquidity providers and bondholders in Chapter 9 of Jefferson County, Alabama in the United States Bankruptcy Court for Northern District of Alabama.
- Representation of indenture trustees and bondholders with respect to facility revenue bonds in the Chapter 11 bankruptcies of United Airlines, Inc., Northwest Airlines and Delta Airlines, Inc.
Recognition & Awards
- Legal 500 Hall of Fame Finance: Municipal Bankruptcy
- Recognized as a leading lawyer by The Legal 500 United States for Finance: Municipal Bankruptcy (2013-2020)
- Best Lawyers in America: Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation – Bankruptcy (2006 – 2021)
- Chambers USA: Massachusetts – Bankruptcy/Restructuring (2005 – 2020)
- The International Who’s Who of Insolvency & Restructuring Lawyers (2015 – 2020)
- Included on the Massachusetts Super Lawyers: Bankruptcy: Business list (2005 – 2020)
- Martindale-Hubbell AV Preeminent
- Recognized as Lawdragon 500 Leading U.S. Bankruptcy and Restructuring Lawyers 2020
Recent Insights
Viewpoints
The Expanding Contours of Permissible Non-Debtor Releases in the Ninth Circuit
April 1, 2021 |Blog
363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers
September 11, 2020 |Blog
363 Sales as a Health Care M&A Tool, Part 1 – Overview
July 28, 2020 |Blog
News & Press
In an article published by Barron’s, Mintz Member and Chair of the firm’s Bankruptcy & Restructuring Practice William Kannel was quoted on an increase in distress in senior living, student housing, hospitality and hotels, and project finance, among other areas, as the COVID-19 pandemic continues to strain municipal finance.
Events
Mintz's Bill Kannel will be moderating "Tools for Evaluating State Pension Risk" as part of the Advanced Seminar on State Governments. The event will be hosted by the Education Committee of the National Federation of Municipal Analysts.
Mintz's Bill Kannel will be moderating the Puerto Rico Panel at this year's Smiths High Yield Municipal Bond Conference. The conference will look at the implications of regulatory changes, the potential for rising rates, and the possibility of a recession.
Viewpoints
The Expanding Contours of Permissible Non-Debtor Releases in the Ninth Circuit
April 1, 2021 | Blog | By Andrew B. Levin, William Kannel
In a recent decision, In re Astria Health, Case No. 19-01189-WLH11, 2021 Bankr. LEXIS 155 (Bankr. E.D. Wash. January 22, 2021), the Bankruptcy Court for the Eastern District of Washington arguably further expanded the context in which non-debtor releases may be allowed.
Read more
363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers
September 11, 2020 | Blog | By Deborah Daccord, William Kannel, Rachel Irving Pitts, David Chorney, Tim McKeon
Over the summer, we wrote about why health care companies may want to consider buying assets out of bankruptcy, taking advantage of the Bankruptcy Code Section 363 sale process (a "363 Sale”). We are back with our second post, to provide more detail to the process and discuss some pros and cons of 363 Sales.
As a refresher, a 363 Sale couples a flexible and fast process with ample liability protection for willing buyers. The primary benefit of a 363 Sale is that a buyer can acquire the debtor’s assets free and clear of virtually all liens, claims, and interests burdening the assets and the debtor. And when Section 363 is coupled with the “assumption and assignment” provisions of Section 365 of the Bankruptcy Code, a debtor is able to assign most contracts or leases that a buyer may wish to purchase, including contracts with ironclad anti-assignment language, provided that certain conditions are satisfied. When a target is experiencing severe financial distress, the benefit of acquiring assets “free and clear” is extraordinarily valuable.
Read more
As a refresher, a 363 Sale couples a flexible and fast process with ample liability protection for willing buyers. The primary benefit of a 363 Sale is that a buyer can acquire the debtor’s assets free and clear of virtually all liens, claims, and interests burdening the assets and the debtor. And when Section 363 is coupled with the “assumption and assignment” provisions of Section 365 of the Bankruptcy Code, a debtor is able to assign most contracts or leases that a buyer may wish to purchase, including contracts with ironclad anti-assignment language, provided that certain conditions are satisfied. When a target is experiencing severe financial distress, the benefit of acquiring assets “free and clear” is extraordinarily valuable.
363 Sales as a Health Care M&A Tool, Part 1 – Overview
July 28, 2020 | Blog | By Deborah Daccord, William Kannel, Rachel Irving Pitts, Tim McKeon, David Chorney
Although health care may be well positioned to weather an economic downturn as an industry, certain sectors, including ambulatory surgery, vision, dermatology, dental, and other physician practices will bear the brunt of COVID-19 stay-at-home orders and patients delaying non-emergency care. While the onset of COVID-19 has delayed or derailed many transactions, strategic buyers should consider all of the different transaction tools available them to help maximize value and successfully get to closing. For knowledgeable investors and strategic buyers, now is the time to position yourself to acquire valuable health care assets at steep discounts.
For those unfamiliar with 363 Sales, a 363 Sale couples a flexible and fast process with ample liability protection for willing buyers. The primary benefit to a 363 Sale is that a buyer can acquire the debtor’s assets free and clear of virtually all liens, claims and encumbrances burdening the assets and the debtor. When a target is experiencing severe financial distress, the benefit of acquiring assets “free and clear of all liens” is extraordinarily valuable.
Read more
For those unfamiliar with 363 Sales, a 363 Sale couples a flexible and fast process with ample liability protection for willing buyers. The primary benefit to a 363 Sale is that a buyer can acquire the debtor’s assets free and clear of virtually all liens, claims and encumbrances burdening the assets and the debtor. When a target is experiencing severe financial distress, the benefit of acquiring assets “free and clear of all liens” is extraordinarily valuable.
Top 10 Questions Human Resources May Have When Their Company is Filing for Chapter 11 Protection
June 2, 2020 | Blog | By Andrew Matzkin, Kaitlin R. Walsh, William Kannel
Businesses in a wide range of industries may now be forced to consider bankruptcy given the unprecedented economic challenges caused by the COVID-19 pandemic. This advisory is designed to provide a high-level view of issues to be considered by human resources when considering filing for Chapter 11 bankruptcy.
Read more
M&A in the COVID Era – Part I – Dealing with Distress: Strategies for Buyers of Distressed Targets in the Post–COVID-19 Era
April 2, 2020 | Advisory | By William Kannel, Matthew T. Simpson
Read about the pros and cons for private company buyers seeking to purchase distressed targets through a formal bankruptcy process in the post–COVID-19 era plus strategies for success.
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The Coronavirus Aid, Relief, and Economic Security Act: Assistance Available to Passenger Airlines and Airports
March 31, 2020 | Blog | By Tim McKeon, William Kannel
On March 27, 2020, President Trump signed into law the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”), a $2+ trillion stimulus package intended to ease the economic and social disruptions facing the country in the wake of the COVID-19 outbreak.
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Congress Acts to Mitigate COVID-19 Impact
March 18, 2020 | Blog | By Anthony DeMaio, William Kannel, Leonard Weiser-Varon
Below is an update on legislative efforts by Congress and the White House to address the coronavirus pandemic, prepared by our D.C. colleagues at ML Strategies, who are closely following these fluid and fast-moving developments. Efforts to provide a supply of low cost working capital to the many businesses and entities experiencing operational and/or cash flow disruption may be of particular interest to our bondholder clients.
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First Circuit Rules That “Incorporation by Reference” of Collateral Description in UCC Financing Statements May Not Perfect Lien
February 14, 2019 | Blog | By William Kannel, Leonard Weiser-Varon, Eric Blythe
Tolstoy warned that “if you look for perfection, you’ll never be content”; but Tolstoy wasn’t a bankruptcy lawyer. In the world of secured lending, perfection is paramount. A secured lender that has not properly perfected its lien can lose its collateral and end up with unsecured status if its borrower files bankruptcy.
Read more
Insolvent “On Behalf Of” Municipal Bond Issuers: Chapter 9, Chapter 11, or Ineligible?
February 26, 2018 | Blog | By William Kannel, Charles W. Azano
Last week, President Trump unveiled his proposal to fix our nation’s aging infrastructure. While the proposal lauded $1.5 trillion in new spending, it only included $200 billion in federal funding.
Read more
Checking-In: Chapter 9, Chapter 11 or Ineligible?
February 23, 2018 | Blog | By William Kannel, Charles W. Azano
Last week, President Trump unveiled his proposal to fix our nation’s aging infrastructure. While the proposal lauded $1.5 trillion in new spending, it only included $200 billion in federal funding. To bridge this sizable gap, the plan largely relies on public private partnerships (often referred to as P3s) that can use tax-exempt bond financing.
Read more
News & Press
Cities and States Are Facing Horrific Budget Holes. There Will Be More Trouble Ahead.
August 31, 2020
In an article published by Barron’s, Mintz Member and Chair of the firm’s Bankruptcy & Restructuring Practice William Kannel was quoted on an increase in distress in senior living, student housing, hospitality and hotels, and project finance, among other areas, as the COVID-19 pandemic continues to strain municipal finance.
The Top 10 Questions Human Resources Professionals May Have When Their Company is Filing for Chapter 11 Protection
August 19, 2020
Mintz Member and Chair of the firm’s Bankruptcy & Restructuring Practice William Kannel, Member Andrew Matzkin, and Special Counsel Kaitlin Walsh co-authored an article published by Pratt’s Journal of Bankruptcy Law that provided a high-level view of issues to be considered by human resources when considering filing for Chapter 11 bankruptcy.
Mintz Practice Groups and Attorneys Garner Top Rankings in 2020 Edition of The Legal 500 United States
June 12, 2020
In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.
Mintz Recognized by Chambers USA 2019
April 26, 2019
Mintz Pro Bono Service Recognized by U.S. Bankruptcy Court
October 04, 2018
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Best Lawyers named 85 Mintz attorneys to its 2018 list of The Best Lawyers in America. In addition, Mintz attorneys Matthew J. Gardella and Samuel M. Tony Starr were named “Lawyer of the Year” in their respective practice areas.
Eighty-Four Mintz Attorneys Named 2016 Massachusetts Super Lawyers and Rising Stars
October 18, 2016
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers.
Mintz Members William W. Kannel and Daniel S. Bleck to Speak at SMITH’s High Yield Municipal Bond Conference
September 21, 2016
William W. Kannel, Section Head of the Bankruptcy and Restructuring Practice, and Daniel S. Bleck, Member of the Bankruptcy and Restructuring Practice at Mintz, will speak at the High Yield Municipal Bond Conference presented by SMITH’s Research and Gradings.
Best Lawyers named 73 Mintz attorneys to its 2017 list of The Best Lawyers in America. Mintz attorneys selected for inclusion in this year’s list span 44 practice areas.
The Legal 500 United States has recognized Mintz as a leading municipal bankruptcy firm in the 2016 edition. For the fourth consecutive year, William W. Kannel, Section Head of the Bankruptcy & Restructuring Section, has been named to The Legal 500 United States’ “Leading Lawyers” list.
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C. attorneys as “Leaders in Their Fields.”
Joseph R. Dunn Elevated to Member of Mintz
May 19, 2015
Mintz’s Bankruptcy Practice Recognized by Legal 500 USA
July 24, 2014
Events
Panelist
Panelist
Moderator
Oct
3
2019
Moderator
Oct
26
2017
Tools for Evaluating State Pension Risk
The Education Committee of the National Federation of Municipal Analysts
Grand Hyatt Denver, CO
Moderator
Panelist
Moderator
Jul
21
2017
24th Annual Northeast Conference - Puerto Rico: The View From The Inside
American Bankruptcy Institute
Newport Marriott, Newport, Rhode Island
Panelist
Sep
30
2016
Speaker
Panelist
May
4
2016
33rd National Federation of Municipal Analysts Conference
Westin, Michigan Avenue, Chicago, IL
Panelist
Apr
7
2016
ACIC 2016 Spring Investment Forum
American College of Investment Counsel
The Four Seasons Hotel Chicago, IL
Panelist
Feb
23
2016
2016 Municipal Bond Buyers Conference
Hyatt Regency Coconut Point Resort & Spa Bonita Springs, FL
Panelist
Oct
1
2015
SMITH’s High Yield Municipal Bond Conference
SMITH’s Research & Gradings
Hyatt Regency Greenwich, CT
Speaker
Speaker
Apr
18
2015