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Kevin J. Walsh Mintz Levin Cohn Ferris Glovsky and Popeo PC

Results 1 to 5 of 25



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 *

USA - October 31 2014
Directors of an insolvent corporation face a host of difficult questions. Should they wind up operations or file for bankruptcy to preserve assets…

Co-authors: A. W. "Chip" Phinney III.


Another Court rules that availability of make-whole premiums in bankruptcy depends on governing documents *

USA - September 15 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…

Co-authors: Eric R. Blythe.


Did the Supreme Court finally explain Marathon and Stern? Executive benefits’ impact on bankruptcy court jurisdiction *

USA - June 27 2014
The Supreme Court has spoken once again on the limited jurisdiction of the bankruptcy courts, adding to the understanding derived from Northern…

Co-authors: Richard E. Mikels, Eric R. Blythe.


Equity begets flexibility: valuing a secured creditor’s claim in bankruptcy and allocating post-petition interest *

USA - June 13 2014
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…

Co-authors: Eric R. Blythe.


And the tie goes to … due process *

USA - April 25 2014
Debtors must provide known creditors with actual notice of a claims bar date if they want the bar date to apply to those creditors. Such was the…

Co-authors: Eric R. Blythe.


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