Kevin J. Walsh

Kevin J. Walsh

Mintz Levin

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Latest Posts › Creditors


Equity Begets Flexibility: Valuing a Secured Creditor’s Claim in Bankruptcy and Allocating Post-Petition Interest

The First Circuit Court of Appeals in In re SW Boston Hotel Venture, LLC, 2014 U.S. App. LEXIS 6768 (1st Cir. Apr. 11, 2014) recently ruled on a number of issues critical to valuing a secured claim in bankruptcy....more

6/16/2014 - Asset Valuations Collateral Commercial Bankruptcy Creditors Lenders Loans Prudential

KB Toys: Don’t Play with Clouded Claims

In a recent decision by the influential Third Circuit Court of Appeals, In re KB Toys Inc., 2013 U.S. App. LEXIS 23083 at *17 (3d Cir. Nov. 15, 2013), the Court decided that “the cloud on the claim” stemming from a...more

11/26/2013 - Acquisitions Chapter 11 Commercial Bankruptcy Creditors Debt Collection Debtors Due Diligence

For Secured Creditors, Too Late May Be Too Little

In a recent advisory, we reported on an apparently favorable decision to secured creditors from the Fifth Circuit Court of Appeals that held that a secured creditor’s claim survives bankruptcy where the secured creditor...more

11/15/2013 - Commercial Bankruptcy Creditors Liens

What Must a Secured Creditor Do to Get Its Due?

Last month, the Fifth Circuit Court of Appeals ruled that a secured creditor’s claim survives bankruptcy where the secured creditor received notice of the case and was found to have not actively participated in it. Acceptance...more

9/17/2013 - Commercial Bankruptcy Consumer Bankruptcy Creditors Debtors Liens Notice Requirements Reorganizations

The Ninth Circuit Recharacterizes Recharacterization Jurisprudence

The Ninth Circuit in In re Fitness Holdings Int’l, 2013 U.S. App. LEXIS 8729 (9th Cir. April 30, 2013) recently reversed precedent and established that bankruptcy courts in the Ninth Circuit have the power to determine...more

7/29/2013 - Commercial Bankruptcy Creditors Debt Equity Investors Recharacterization

Where Do Your Interests Lie Under Chapter 15 of the Bankruptcy Code? Determining a foreign debtor’s “center of main interests”...

When doing business with a foreign company, it is important to identify the company’s “center of main interests” (“COMI”) as creditors may find themselves bound by the laws of the COMI locale. If a company initiates...more

5/1/2013 - Chapter 15 Creditors Debtors Insolvency

To Release Or Not to Release – If That Is the Question, What Is the Answer?

In a recent decision by the Bankruptcy Court for the District of Delaware, the court adopted a flexible approach to consensual third party releases in a plan of reorganization. In In re Indianapolis Downs, LLC, 2013 Bankr....more

4/8/2013 - Chapter 11 Creditors Debtors Opt-Outs Reorganizations Third-Party Release Agrements

Bankruptcy Abroad: US Creditors’ Rights Remain Relevant in Chapter 15

With an increasing number of businesses operating without regard to borders in today’s global economy, the importance of understanding Chapter 15 — the Bankruptcy Code provisions instructing the cooperation between the United...more

12/21/2012 - Chapter 15 Creditors Cross-Border Debtor-Creditor Insolvency Third-Party

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