Creditors' Rights, Bankruptcy and Reorganization

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The Creditors’ Rights, Bankruptcy and Reorganization Group combines the experience of our bankruptcy, workout and litigation attorneys with that of the firm’s banking, labor and employment, corporate and land use attorneys. Working with experienced paralegals and other professional staff, our attorneys provide clients with effective and cost-efficient solutions.

We represent lenders and borrowers in the enforcement and restructuring of loan and credit obligations. We advise clients on issues relating to the restructuring of debt, including forbearance agreements, the securing of additional collateral and the liquidation of existing collateral. We represent clients in all aspects of creditors’ rights litigation, including foreclosure of mortgages, recovery of property, collection of money and defense of lender liability claims. We also prosecute and defend actions involving debtors in bankruptcy, including motions for relief from the automatic stay, preference actions, proceedings to determine cash collateral use and objections to the dischargeability of certain debts.

We represent commercial landlords, including retail mall owners and managers, in bankruptcy cases throughout the United States. Recent engagements include Linens ‘N Things, Tweeter, Bombay Company and Ritz Camera.

We advise clients on the advantages and disadvantages of bankruptcy protection and represent debtors in Chapter 11 bankruptcy proceedings and out-of-court workouts. We also advise clients on the adequacy of debtor disclosure statements, the feasibility of Chapter 11 reorganization plans and the prosecution of adversary proceedings within a bankruptcy case.

We frequently represent clients seeking to buy or sell distressed businesses in or out of bankruptcy. We counsel clients with respect to these business dispositions, including successor liability issues. We represent bankruptcy trustees and court-appointed examiners, federal and state court receivers and unsecured creditors’ committees in Chapter 11 bankruptcy proceedings and out-of-court workouts, and we assist bankruptcy trustees in navigating their obligations in connection with the administration and termination of ERISA-qualified defined benefit and defined contribution plans.

Although our offices are all in Massachusetts, our bankruptcy practice is national in scope.  We frequently appear for clients in cases filed in Delaware, New York, Texas and other jurisdictions where we will, if necessary, affiliate with local counsel but maintain primary responsibility for the matter at hand.

Practice Chair

17 Mirick O'Connell Attorneys Named to 2022 Best Lawyers and Best Lawyers: Ones to Watch List

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Best Lawyers release the 2021 Edition of Best Lawyers in New England

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James Donnelly and Chris Collins to co-chair MBA 18th Annual In-House Counsel Conference: The New (Not So) Normal

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David Surprenant was quoted in Telegram & Gazette article "Mirick O'Connell signs 10-year lease renewal with Mercantile Center in downtown Worcester"

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Mirick O'Connell Wins First Place for Law Firms in Worcester Business Journal Best of Business

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Mirick O'Connell Named Tier 1 Firm by U.S. News - Best Lawyers "Best Law Firms" in 2021

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28 Mirick O'Connell Attorneys Named to 2020 Super Lawyers and Rising Stars List

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Joe Baldiga quoted in The Wall Street Journal article "Business and Personal Bankruptcy Filings in the U.S. Slowed in August

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17 Mirick O'Connell Attorneys Named to 2021 Best Lawyers and Best Lawyers: Ones to Watch List

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Christine Devine was recognized by Lawdragon as being one of the "500 Leading U.S. Bankruptcy & Restructuring Lawyers"

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We Stand in Solidarity: A message to our clients and our community.

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Joe Baldiga quoted in Worcester Telegram & Gazette article, "Force to reckon with: 'Force majeure' clause can be safety valve for businesses hit by virus

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PODCAST: Dave Fine discusses "COVID-19: Impact on Construction" | Recorded 4.17.20

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WEBINAR: Latest DOL Guidance regarding Families First Act

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Mirick O'Connell recognized as "Best Law Firm" for business by Worcester Business Journal

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Kate Foley elected to Board of Directors of New England Chapter of IWIRC

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Christine Devine Appointed to Bankruptcy Merit Selection Panel

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14 Mirick O'Connell attorneys recognized in 2019 The Best Lawyers in America

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Christine Devine interviewed by Worcester New Tonight, "Bertucci's Files for Bankruptcy"

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Mirick O'Connell Voted Best Law Firm For Business

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Mirick O'Connell included in the 2018 "Best Law Firms" list by U.S. News & World Report and Best Lawyers

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Mirick O'Connell Voted Best Law Firm

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Mirick O'Connell Featured in Worcester Telegram

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Worcester Chamber Salutes Mirick O'Connell on 100 Years of Excellence

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Mirick O'Connell Celebrates 100th Anniversary!

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Mirick O'Connell Recognized as "Best Law Firm for Business" by the WBJ

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14 Attorneys selected for inclusion in The Best Lawyers in America

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Extension of 2020 Massachusetts Tax Return Filing and Payment

03/22/2021[ read full story ]

Extension of 2020 Federal Tax Return Filing and Payment

03/19/2021[ read full story ]

American Rescue Plan Act of 2021 Contains New COBRA Subsidies

03/16/2021

American Rescue Plan and Paid Leave: What Employers Need to Know

03/12/2021[ read full story ]

POSTPONED: Employment Law Conference 2020

04/16/2020[ read full story ]

Employment Conference 2020

04/16/2020[ read full story ]

Labor, Employment and Employee Benefits Seminar

04/04/2019[ read full story ]

Mirick O'Connell sponsors Safe Homes Gala & People Of Courage Awards

4/9/2021[ read full story ]

Mirick O'Connell participates in National Wear Red Day

2/6/2021[ read full story ]

Mirick O'Connell sponsors Worcester Chamber of Commerce 145th Annual Meeting

12/4/2020[ read full story ]

Mirick O'Connell sponsors the 12th Annual UMass Winter Ball

12/4/2020[ read full story ]

Mirick O'Connell sponsors Massachusetts Bar Association 2020 Annual Dinner

5/6/2020[ read full story ]

Mirick O'Connell sponsors the Worcester Regional Research Bureau 34th Annual Meeting

10/10/2019[ read full story ]

Ken Pickering and Angela Benoit co-author "Employees of Cannabis Businesses in Danger of Being Denied Bankruptcy Protection," published in the Cannabis Business Executive Newsletter

5/17/19[ read full story ]

"Maximizing Mediation Success: Going Beyond the Requirements of the Model Standards" by Christine Devine

4/18/18[ read full story ]
 

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