Kevin J. Walsh: Lawyer with Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Kevin J. Walsh

Phone617.348.1622

Peer Rating
 4.4/5.0
BV® Distinguished

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Practice Areas

  • Bankruptcy, Restructuring & Commercial Law
  • Debt Financing
  • Foreclosures, Workouts & Restructurings
  • Corporate Governance
  • Bondholder & Trustee Representation / Distressed Debt
 
Contact InfoTelephone: 617.348.1622
Fax: 617-542-2241
Internet: Each Attorney's Internet Address takes the following form: first initial, last name @mintz.com (e.g., rmintz@mintz.com)

http://www.mintz.com/professionals/detail/name/kevin-j-walsh
 
University Trinity College, B.A., 1988
 
Law SchoolNew York Law School, J.D., 1993
 
Admitted1994, Illinois; 1995, Massachusetts
 
Biography

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. He represents corporate debtors, secured and unsecured lenders, trustees, bondholders, committees, lessors and lessees, and other entities in out-of-court restructuring and bankruptcy proceedings. He has significant experience in distressed acquisitions and divestitures, complex commercial transactions, and business litigation.

His lending experience includes the representation of many lenders, as well as corporate borrowers, in matters involving working capital and asset based financings, acquisition loans, and syndicated credit facilities. Kevin has been involved in a wide variety of debt financings, including receivables securitizations, senior and subordinated debt issues, and bond financing involving a federally recognized Indian tribal government.

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.

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.

Newsroom
•Eighty-Five Mintz Levin Attorneys Named 2014 Massachusetts Super Lawyers and Rising Stars, (10.17.2014)
•Sixty-Two Mintz Levin Attorneys Included in The Best Lawyers in America, 2015 Edition, (08.18.2014)
•Fifty-One Mintz Levin Attorneys Featured in Chambers USA 2014 Guide, (05.23.2014)
•Seventy-Nine Mintz Levin Attorneys Named 2013 Massachusetts Super Lawyers and Rising Stars, (10.21.2013)
•Sixty-Three Mintz Levin Attorneys Included in The Best Lawyers in America, 2014 Edition, (08.15.2013)
•Forty-Eight Mintz Levin Attorneys Featured in Chambers USA 2013 Guide, (05.24.2013)
•Mintz Levin Advises on Top Greentech Deal of 2012, (01.08.2013)
•Seventy-One Mintz Levin Attorneys Named 2012 Massachusetts Super Lawyers and Rising Stars, (10.22.2012)
•Mintz Levin Represents New England Sinai Hospital in Acquisition by Steward Health Care System, LLC, (09.27.2012)
•Sixty Mintz Levin Attorneys Included in The Best Lawyers in America, 2013 Edition, (08.24.2012)
•Forty-One Mintz Levin Attorneys Featured in Chambers USA 2012 Guide, (06.07.2012)
•Mintz Levin's Energy and Clean Technology Practice Represents GreatPoint Energy in $1.25 Billion Joint Venture, (06.04.2012)
•Fifty-Two Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers, (10.21.2011)
•Thirty Four Mintz Levin Attorneys Featured in Chambers USA 2011 Guide, (03.21.2011)
•Forty-Nine Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers, (10.19.2010)
•Mintz Levin Adds Six Attorneys to Chambers USA 2010 Guide, (03.23.2010)
•Forty-Eight Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers, (10.27.2009)
•Chambers USA Names 22 Mintz Levin Attorneys Leaders in Their Fields for 2009, (06.12.2009)
•Forty-Six Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers, (10.29.2008)
•Chambers USA Names 20 Mintz Levin Attorneys Leaders in their Fields for 2008, (06.18.2008)
•Forty-Five Mintz Levin Attorneys Recognized as Massachusetts Super Lawyers, (10.25.2007)
•Chambers USA Names 19 Mintz Levin Attorneys Leaders in Their Fields for 2007, (06.15.2007)

Awards & Recognitions
Best Lawyers in America: Bankruptcy and Creditor Dector Rights/Insolvency and Reorganization Law (2013 - 2015)
Chambers USA: Massachusetts - Bankruptcy/Restructuring (2006 - 2014)
Massachusetts Super Lawyers: Bankruptcy & Creditor/Debtor Rights (2006 - 2014)
Massachusetts Super Lawyers: Rising Star - Bankruptcy & Creditor/Debtor Rights (2005 - 2006)
Madison's Who's Who Honors Edition (2006 - 2007)

Publications
•Co-author, Trademark Licensees May Be Protected in a Licensor's Bankruptcy Even After a “Free and Clear” Sale, Bankruptcy Advisory (12.19.2014)
•Co-author, Business Judgment Rule Protects Board's Decision to Maximize the Value of an Insolvent Delaware Corporation Even If It Puts Creditors at Risk; But It Does Not Protect Transfers of Value from the Corporation to a Controlling Shareholder or Related Party, Bankruptcy & Litigation Alert (10.31.2014)
•Co-author, Another Court Rules That Availability of Make-Whole Premiums in Bankruptcy Depends on Governing Documents, Bankruptcy Advisory (09.15.2014)
•Co-author, Did The Supreme Court Finally Explain Marathon And Stern?
Executive Benefits' Impact on Bankruptcy Court Jurisdiction, Bankruptcy Advisory (06.27.2014)
•Co-author, Equity Begets Flexibility for 1st Circ. Secured Creditors, Law360 (06.19.2014)
•Co-author, Equity Begets Flexibility: Valuing a Secured Creditor's Claim in Bankruptcy and Allocating Post-Petition Interest, Bankruptcy, Restructuring & Commercial Law Advisory (06.13.2014)
•Co-author, And the Tie Goes to ... Due Process, Bankruptcy, Restructuring & Commercial Law Advisory (04.25.2014)
•Co-author, Lyondell: Is the Safe Harbor Closed to Former Shareholders of LBOs?, Bankruptcy, Restructuring & Commercial Law Advisory (02.10.2014)
•Co-author, Are Credit Bids in a Deep Freeze?, Bankruptcy, Restructuring & Commercial Law Advisory (01.31.2014)
•Co-author, KB Toys: Don't Play with Clouded Claims, Bankruptcy, Restructuring & Commercial Law Advisory (11.25.2013)
•Co-author, For Secured Creditors, Too Late May Be Too Little, Bankruptcy, Restructuring & Commercial Law Advisory (11.14.2013)
•Co-author, What Must a Secured Creditor Do to Get Its Due?, Bankruptcy, Restructuring & Commercial Law Advisory (09.16.2013)
•Co-author, The Ninth Circuit Recharacterizes Recharacterization Jurisprudence, Bankruptcy, Restructuring & Commercial Law Advisory (07.26.2013)
•Where Do Your Interests Lie Under Chapter 15 of the Bankruptcy Code?, Bankruptcy, Restructuring & Commercial Law Advisory (04.30.2013)
•Co-author, To Release Or Not to Release - If That Is the Question, What Is the Answer?, Bankruptcy, Restructuring & Commercial Law Advisory (04.05.2013)
•Co-author, An Insider's Guide to Evading Absolute Priority?, Bankruptcy Advisory (03.07.2013)
•Co-author, Sunbeam Eclipsed: Does a Sale Free and Clear Negate the Rights of Non-Debtor License, The Bankruptcy Strategist (02.01.2013)
•Co-author, How Does Bankruptcy Affect Rights Under an Agreement Not to Sue on Patents?, Bankruptcy, Restructuring & Commercial Law Advisory (01.15.2013)
•Co-author, Licensees Beware: Recent Changes in the Intersection of Bankruptcy Law and Intellectual Property Law, Bankruptcy and Financial Restructuring Law 2013 - Top Lawyers on Trends and Key Strategies for the Upcoming Year (2013)
•Co-author, Bankruptcy Abroad - US Creditors' Rights Remain Relevant in Chapter 15, Bankruptcy, Restructuring & Commercial Law Advisory (12.20.2012)
•Co-author, Sunbeam Decision Gives a Ray of Hope to Intellectual Property Licensees, Bankruptcy, Restructuring & Commercial Law Advisory (07.26.2012)
•Co-author, Supreme Court Upholds the Right to “Credit bid” in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank, Bankruptcy, Restructuring & Commercial Law Advisory (06.25.2012)
•Co-author, TOUSA 3.0: Eleventh Circuit Holds Lenders to High Standards, Bankruptcy, Restructuring & Commercial Law Advisory (06.01.2012)
•Co-author, Buyer Beware: 363 May Not Absolve Successor Liability, Law360 (04.20.2012)
•Co-author, Buyer Beware: 363 Sale May Not Absolve Successor Liability, Bankruptcy, Restructuring & Commercial Law Alert (04.18.2012)
•Co-author, Choppy Waters in The Safe Harbor for Shareholders Of Failed LBOs?, The Bankruptcy Strategist (03.01.2012)
•Co-author, A Primer for Construction Bankruptcies, Law360 (12.23.2011)
•Co-author, Primer for Construction Bankruptcies, Construction Bankruptcy Article (12.07.2011)
•Co-author, Building Success Despite Failure, Construction Bankruptcy Advisory (12.05.2011)
•Co-author, Uncertain Times: Recent Bankruptcy Case Law Leaves Parties Unsure and Possibly Searching for Alternatives, Chapter 11 Bankruptcy and Restructuring Strategies, 2012 Edition: Leading Lawyers on Navigating Recent Trends, Cases, and Strategies Affecting Chapter 11 Clients (12.01.2011)
•Co-author, Picard Cannot Make It So: Madoff Trustee's Recoveries Curtailed Again, Bankruptcy, Restructuring & Commercial Law Advisory (11.08.2011)
•Co-author, Madoff Trustee Cannot Sue Firms That Ignored Evidence of Fraud, Bankruptcy, Restructuring & Commercial Law Advisory (08.15.2011)
•Co-author, Are Bankruptcy Sales Finally Final?, Bankruptcy, Restructuring & Commercial Law Advisory (07.08.2011)
•Co-author, Supreme Court: Bankruptcy Courts Cannot Decide Debtors' State Law Counterclaims, Bankruptcy, Restructuring & Commercial Law Advisory (06.30.2011)
•Co-author, Second Circuit Prohibits Chapter 11 Gifts to Junior Creditor Classes, Bankruptcy, Restructuring & Commercial Law Advisory (03.03.2011)
•Co-author, Care Packages, The Deal Newsweekly (11.14.2008)

Speaking Engagements
•Speaker, The Trouble with TOUSA, Association of Commercial Finance Attorneys, New York, NY (10.23.2012)

 
ISLN900457928
 

Documents by this lawyer on Martindale.com

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Business Judgment Rule Protects Board’s Decision to Maximize the Value of an Insolvent Delaware Corporation Even If It Puts Creditors at Risk
A. W. "Chip" Phinney,Kevin J. Walsh, November 17, 2014
Directors of an insolvent corporation face a host of difficult questions. Should they wind up operations or file for bankruptcy to preserve assets for creditors, or chart a riskier course that could lead the company back to profitability and possibly create value for shareholders? If they choose...

Business Judgment Rule Protects Board's Decision to Maximize the Value of an Insolvent Delaware Corporation Even If It Puts Creditors at Risk; But It Does Not Protect Transfers of Value from the Corporation to a Controlling Shareholder or Related Party
A. W. "Chip" Phinney,Kevin J. Walsh, November 10, 2014
Directors of an insolvent corporation face a host of difficult questions. Should they wind up operations or file for bankruptcy to preserve assets for creditors, or chart a riskier course that could lead the company back to profitability and possibly create value for shareholders? If they choose...

Another Court Rules That Availability of Make-Whole Premiums in Bankruptcy Depends on Governing Documents
Eric R. Blythe,Kevin J. Walsh, September 23, 2014
In a recent bench decision in In re MPM Silicones, LLC et al., Case No. 14-22503-RDD (Bankr. S.D.N.Y. August 26, 2014), the Bankruptcy Court considered bondholders’ right to recover make-whole premiums (premiums paid for early repayment of debt) upon the payment of accelerated debt following...



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Kevin J. Walsh


BostonMA 02111




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