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Kevin J. Walsh advises debtors and creditors on bankruptcy and commercial law matters, including restructurings, workouts, and commercial financing transactions, as well as the negotiation and documentation of commercial loans and credits. Kevin represents trustees, financial institutions, bondholders, insurers, and other parties in bankruptcy cases in courts around the country. He also handles out-of-court workouts and receivership matters and counsels clients on bankruptcy and other distressed sales (both buyer and seller perspectives), recharacterization of equity and equitable subordination, negotiating credit agreements, and enforcing guaranties.

Lenders and borrowers turn to Kevin for guidance on working capital and asset-based financings, as well as acquisition loans, syndicated credit facilities, and debtor-in-possession financings. He regularly advises corporate boards on fiduciary duty issues around insolvency.

Concentrations

  • Bankruptcy matters
  • Bankruptcy cases involving municipal bonds
  • Debtor in Possession representations
  • Representation of acquirers of assets out of bankruptcy cases
  • Commercial finance transactions
  • Borrower representations
  • Lender representations

Capabilities

Experience

Representative Bankruptcy Cases Involving Municipal Bonds

  • AHF Woodlawn Manor (D. Mass.).°
  • Allegheny Health Education and Research Foundation (W.D. Pa.).°
  • Bayonne Medical Center (D. N.J.).°
  • Central Waste (D. N.J.).°
  • Confluence Energy (D. Colo.).°
  • Eden Home (E.D. Tex.).°
  • Erickson Retirement Communities (N.D. Tex.).°
  • Green Mountain Management (N.D. Ga.).°
  • Holt Hauling & Warehousing (D. Del.).°
  • Mesaba Aviation (D. Minn.).°
  • National Benevolent Association of the Christian Church (W.D. Tex.).°
  • Our Lady of Mercy Hospital (S.D.N.Y.).°
  • Park Place Christian Community of Elmhurst (D. Ill.).°
  • Pascack Valley Hospital Association (D. N.J.).°
  • Phoenix Memorial Hospital (S.D. Ariz.).°
  • Sears Farm (E.D.N.C.).°
  • Sears Methodists Retirement System (N.D. Tex.).°

Representative Debtor in Possession/Creditor Committee Representations

  • Alpha Omega (regional jewelry retailer).°
  • Alsip Acquisition (national manufacturer of recycled paper for book and magazine publishing).°
  • Contemporary Industries Corporation (midwestern convenience store chain).°
  • Dirextrix, Inc. (committee for adult content provider) (S.D.N.Y.) .°
  • Divine, Inc. (national provider of internet infrastructure, platforms, and related software support services).°
  • Engage, Inc. (global advertising software producer).°
  • Filene’s Basement, Inc. (national discount clothing retail chain).°
  • Malden Mills Industries, Inc. (national manufacturer of textiles, including the “Polartec” brand).°
  • Maurice The Pants Man (regional clothing retailer).°
  • Oscient Pharmaceuticals, Inc. (committee for manufacturer and distributor of FDA approved pharmaceuticals) (D. Mass.).°
  • The Paper Store, Inc. (regional specialty gift retailer). °

Representative Representation of Acquirers of Assets Out of Bankruptcy Cases

  • Airadigm, Inc. (FCC C-block licenses) (D. Wisc.).°
  • Grand Union Companies (real estate interests) (D. Del.).°
  • iSyndicate, Inc. (content provider agreements) (N.D. Cal.).°
  • Lernout & Hauspie Speech Products, N.V. (voice recognition software) (D. Del.).°
  • Olympus Healthcare Group, Inc. (hospitals) (D. Del.).°
  • Reddy Laboratories International (intellectual property) (D.N.J.).°
  • V & M Management, Inc. (HUD subsidized multi-unit apartment buildings) (D. Mass.).°

Representative Borrower Transactions

  • New York City based medical center ($89 million).°
  • Massachusetts-based provider of instrumentation equipment ($200 million).°
  • Tennessee-based pharmaceuticals company ($500 million).°
  • Municipal pension advisory board ($500 million).°
  • Massachusetts-based pharmaceuticals company ($250 million).°

Representative Lender Transactions

  • Bank of America in syndicated loan facilities in excess of $100 million.°
  • Bay Point Capital Partners in high yield loan transactions aggregating more than $100 million.°
  • Peoples United Bank in a syndicated loan facility in excess of $125 million).°
  • Worldwide mass media corporation debt acquisition financing in excess of $150 million.°

°The above representations were handled by Mr. Walsh prior to his joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, The Best Lawyers in America, 2013-2021
    • “Bankruptcy and Creditor Debtor Rights,” 2013-2021
    • “Insolvency and Reorganization Law,” 2013-2021
  • Listed, Super Lawyers magazine, Massachusetts Super Lawyers, 2006-2020
  • Recognized, U.S. Bankruptcy Court for the District of Massachusetts, “Pro Bono Honor Roll,” 2017 -2019
  • Listed, Chambers USA Guide, “Massachusetts – Bankruptcy/Restructuring & Bankruptcy, 2006-2016

Credentials

Education
  • J.D., magna cum laude, New York Law School
    • Articles Editor, New York Law School Review
    • National Finalist, Duberstein Bankruptcy Moot Court Competition
  • B.A., Economics, Trinity College
Admissions
  • Massachusetts