Richard E. Mikels
Education
Boston University College of Business Administration
B.S. in Business Administration, 1969
Major: FinanceBoston University School of Law
J.D. cum laude, 1972
Law Review, Editor 1971-1972
Law Review, Staff Member 1970-1971
Experience
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Boston, MA
Shareholder, Chairman and Section Manager of the Bankruptcy Law Department (1988-present)Elected to Firm Policy Committee in 2002 - 2006.
Direct overall operation of department, including supervision and management of major corporate reorganizations, liquidations and other insolvency related matters. Broad experience representing debtors, secured creditors, creditors committees, and acquirers as well as trustees.
Negotiate major business transactions; draft and analyze business and commercial legal documents; develop and implement business and legal strategies in complicated proceedings; prepare court pleadings, supervise litigation and loan documentation; negotiate loan workouts.
Supervise and train attorneys and staff handling bankruptcy, reorganization and similar business matters. Consult with other members in firm when cases involve sophisticated business problems related to the Bankruptcy Code or the Uniform Commercial Code.
Peabody & Brown, Boston, MA
Partner (October, 1980 to April, 1988)Partner in the firm (Richard E. Mikels, P.C.) and the administrator of the Corporate Reorganization and Commercial Law Department. Elected to firm’s Executive Committee in January, 1987. Responsibilities parallel those at Mintz Levin.
Riemer & Braunstein, Boston, MA
Partner - July, 1977 (April, 1974 to September, 1980)Responsibilities parallel those at Mintz Levin.
Interstate Commerce Commission, Washington, D.C.
Legal Examiner (August, 1972 to March, 1974)Responsible for legal approval of corporate mergers and consolidations, issuances of securities, transfers of operation rights and related assets and abandonment of railroad lines. Drafted Commission decision and orders, extensive legal research and writing, thorough analysis of briefs, transcripts of oral evidence and financial exhibits.
Sheehan, Phinney, Bass and Green, Manchester, New Hampshire
Law Clerk (Summer, 1971)Extensive training in wills, trusts and related tax issues. Assisted attorneys with cases in the above fields as well as securities and tax.
Michaels, Adler and Wilcon, Boston, MA
Law Clerk (1970)Provided general legal assistance to attorneys in firm, including analysis of contracts and preliminary analysis of legal issues.
Professional Programs and Publications
Speaker, "Rule 9019 Settlements and the Confirmation Process: Favored Negotiation or the New Cram Down?", National Conference of Bankruptcy Judges, Phoenix, AZ, September, 2008.
Speaker and Author of Related Materials, "From a Ripple to a Tsunami: The Impact of the Subprime Meltdown", National Conference of Bankruptcy Judges, Phoenix, AZ, September, 2008
Master of Ceremonies and panel member, "Anatomy of a Distressed Business," American College of Bankruptcy, Boston College Law School, Boston, MA, April, 2008.
Contributing Editor - "In re: Iridium Operating LLC and Its Impact on SPM Carve-out Arrangements", On the Edge column of the ABI Journal, December/January 2008 Issue.
Panel Moderator, "The Crowded Balance Sheet - Why and What Happens Next?", Turnaround Management Association, Boston, MA, November, 2007.
Speaker, "Gift and Carve Out Plans and Other Developing Confirmation Issues in Chapter 11", National Conference of Bankruptcy Judges, Orlando, FL, October, 2007.
Speaker, Master of Ceremonies and Panel Moderator - “Anatomy of a Distressed Business”, American College of Bankruptcy, Boston College Law School, Boston, MA, April, 2007.
Speaker and Author of related materials - Bankruptcy Developments Impacting Commercial Real Estate, Practicing Law Institute, Commercial Real Estate Financing 2007 - What Borrowers & Lenders Need to Know Now Program, New York, NY, January-March 2007.
Contributing Author - Business Bankruptcy Acquisitions, American Bankruptcy Institute, 2006.
Contributing Editor - “The More Things Change…”: Reflections on 34 Years of Practice, On the Edge column of the ABI Journal, October 2006 Issue.
Contributing Author - Crocker’s Notes on Common Forms, MCLE 2006.
Speaker and Author of related materials - “A Plan Too Far” and Other Confirmation Controversies, American Bankruptcy Institute, 13th Annual Northeast Conference, Newport, RI, July, 2006.
Speaker and Author of related materials - “Business Bankruptcy 101”, American Bankruptcy Institute Armenian Bankruptcy Education Program, Fletcher School of Diplomacy, Boston, MA, June, 2006.
Speaker and Author of related materials - Business Bankruptcy for Non-specialists, Corporate Bankruptcies after BAPCA: What To Do About New Provisions You Don’t Like, MCLE Conference, Boston, MA, April, 2006.
Host - Reorganization: Then and Now, American College of Bankruptcy, Boston College Law School, Boston, MA, April, 2006.
Contributing Editor - The Developing Impact of Till v. SCS Credit Corp. on Chapter 11 Reorganizations, On the Edge column of the ABI Journal, December 2005/January 2006 Issue.
Panel Moderator - 363 Special Problems, Association of Insolvency and Restructuring Advisors, 21st Annual Conference, Boston, MA, June, 2005
Panel Moderator - A Symposium on the Future of Chapter 11, American College of Bankruptcy together with Boston College Law Review, Boston, MA, April, 2005
Contributing Editor for the First Circuit - “Venue Selection Between Courts”, American College of Bankruptcy 2005 Annual Induction Conference, Washington DC, March, 2005.
Contributing Editor - A Conflict Between the Bankruptcy Code and State Law Revisited, On the Edge column of the ABI Journal, December 2004/January 2005 Issue.
Panel Moderator and Author of related materials - Asset Sales: Getting the Deal Done, American Bankruptcy Institute, Annual Spring Meeting, Washington, D.C., April 2004.
Panel Member - Career Opportunities in Bankruptcy, American College of Bankruptcy, Bankruptcy Conference for First Circuit Law Students at Boston College Law School, March, 2004.
Panel Moderator and Speaker - Hot Topics Program, American College of Bankruptcy 2004 Annual Induction Conference, Washington, DC, March, 2004.
Contributing Editor and Co-Author – Does Existing Law Properly Balance Creditor and Equity Interests and Provide Incentives to Utilize Chapter 11 Timely to the Benefit of All?, Straight and Narrow Ethics column of ABI Journal, December 2003/January 2004 Issue.
Author - Claims Trading, Reprinted Publication, Turnaround Management Association, 2003 Roundtable Convention, October, 2003 formerly published in ABI 2000 Winter Leadership Conference, November, 2000.
Speaker - Software Leasing and Section 365: Can a Rose by Another Name Smell Sweeter?, American Bar Association, National Conference of Bankruptcy Judges, San Diego, CA, October, 2003.
Guest Lecturer to a bankruptcy law class at the Northeastern University – What it is like to be a Bankruptcy Attorney, July, 2003.
Speaker and Author of related materials - Investment Banker Employment Issues: The Continuing Battle Over Indemnification Issues, American Bankruptcy Institute, New York City Conference, June 2003.
Speaker at Northeastern University Law School – Career Planning, March, 2003.
Speaker - New Business Problems Require New Expertise: The Changing Nature of Chapter 11 Reorganization and the Role of Professionals and Advisors, Turnaround Management Association, June, 2002
Panelist - Reclamation, Association of Commercial Finance Attorneys, May, 2002.
Guest Lecturer to a bankruptcy law class at the Boston College Law School – What it is like to be a Bankruptcy Attorney, April 2002
Contributing Editor - Pro Hac Vice: Pro or Con?, Straight and Narrow Ethics column of ABI Journal, December 2001/January 2002.
Address to graduating students at Boston University Law School, May 2001.
Awards Presenter and Speaker - Boston University Law School Alumni Association, Silver Shingle Alumni Awards Presentation and Barristers Dinner, April 2001.
Guest Lecturer to a bankruptcy law class at the Boston College Law School, April 2001.
Presenter to first year law students at Boston University Law School regarding alumni mentoring, January 2001.
Panel Moderator and Speaker - Claims Trading: Has It Changed The World of Bankruptcy Forever?, ABI 2000 Winter Leadership Conference, November 2000
Panel Chair and Speaker - Failing Dot.coms, MCLE Conference, November 2000.
Panel Chair and Speaker - Dot.com bankruptcies, MCLE’s Bankruptcy Law Conference 2000, September 2000.
Contributing Author - Crocker’s Notes on Common Forms, MCLE 2000.
Awards Presenter and Speaker - Boston University Law School Alumni Association, Silver Shingle Alumni Awards Presentation and Barristers Dinner, April 2000.
Contributing Editor - Multidisciplinary Practices: Ethical Concerns or Economic Concerns, Straight and Narrow Ethics Column of ABI Journal, July/August 1999.
Speaker and Author of related materials - Reclamation - Real or Imagined?, 1999 National CLE Conference, Bankruptcy Law Seminar, January 1999.
Speaker - Boston University School of Law, Orientation Program, September 1999.
Author - Bankruptcy: A Debtor’s Perspective, course material for Harvard MBA program class for use by Professor Michael Roberts, June 1998.
Contributing Editor - Frivolity in the Appellate Court, Straight and Narrow Ethics column of ABI Journal, June 1998.
Panelist - What Lawyers Do, Boston University School of Law, January 1998.
Contributing Editor - NBRC Struggles with the Problem of Disinterestedness, Straight and Narrow Ethics column of ABI Journal, December/January 1998.
Speaker, Chairman of Panel and Author of related materials - Failed Chapter 11 Plans, American Bankruptcy Institute, Northeast Bankruptcy Conference, July 1997.
Participant - Commercial Law League Annual Meeting - Moot Court Presentation on Homestead Exemption, May 1997.
Speaker and Author of related materials - Subordination Under §510 of the Bankruptcy Code, Bankruptcy Issues for the Business Lawyer, How to Negotiate Bankruptcy Transactions Expertly, MCLE, April 1997.
Author - Allocation of Expenses of Sale, Bankruptcy Business Acquisitions, 1997.
Co-author - Tax Exempt Bond Financing, American Bankruptcy Institute HealthCare Committee, Chapter in a handbook published in 1997.
Author - New Value Exception to the Absolute Priority Rule, The Supreme Court’s Perspective and the Need for a Legislative Solution, Annual Survey of Bankruptcy Law, 1995-1996.
Guest Lecturer - Strategies of Parties in a Chapter 11 Proceeding, at Northeastern University Graduate Business School, May 1996.
Lecturer - Certain Issues Related to Cramdown Standards of Fair and Equitable With Respect to Secured Creditors, TOP GUN Seminar for secured lenders, Fleet Bank, September 1995, January 1996, April 1996.
Panelist - Hostile Acquisition of a Chapter 11 Debtor, Association of Commercial Finance Attorneys, April 1996.
Speaker and Author of related materials - The New Value Exception to the Absolute Priority Rule, MCLE Bankruptcy Update, 1994.
Speaker and Author of related materials - Certain Issues Related to Cramdown, Standards of Fair and Equitable with Respect to Secured Creditors, MCLE Bankruptcy Update, 1993.
Lecturer - Real Estate Workouts and Appraisals, RMA/LORS Program Panel Discussion -Loan Officer Residential Seminar at New England Conference Center, University of New Hampshire, May 1991.
Member of Faculty - Bankruptcy Issues - Boston Bar Association Bankruptcy Law Committee Seminar, MCLE, May 1991.
Guest Lecturer - Legal Considerations in Bankruptcy and Turnarounds at Northeastern University Graduate Business School, October 1990.
Speaker and Author of related materials - Fundamentals of Business Reorganization Under Chapter 11 of the Bankruptcy Code - Compensation in Reorganization Cases, MCLE, May 1987.
Speaker and Author of related materials - Retainers and Other Forms of Security for Debtor’s Counsel, Sixth Annual Bankruptcy Law Conference, MCLE 1990.
Lecturer and Author of related materials - Bankruptcy Considerations for the Secured Creditor and Lender Liability; Executive Enterprises, Inc., November 1989.
Lecturer and Author of related materials - Bankruptcy and Reorganization from the Point of View of the Secured Lender, Foreclosure & Repossession, April 1987.
Lecturer - Bankruptcy, National Association of Attorneys General and Massachusetts Department of the Attorney General; NAAG Consumer Protection Seminar, October 1986.
Lecturer and panel chairman - Bankruptcy, Association of Commercial Finance Attorney’s Annual Legislative Meeting, October 1985.
Lecturer - Some Principals of Bankruptcy Law and Their Effect on Loans and Extensions of Credit, State Street Bank and Trust Company, June 1984.
Speaker - Drafting and Enforcement of Subordination Agreements, Commercial Law League of America, May 1984.
Lecturer - Bankruptcy and Labor, Massachusetts Bar Association, January 1984.
Speaker and Author of related materials - Compensation in Reorganization Cases and Adversary Proceedings, MCLE, November, 1982.
Guest lecturer - Bankruptcy, Suffolk University School, February 1982.
Lecturer and Author of related materials - Bankruptcy Primer, Transportation Law Institute, July 1981.
Speaker and Author of related materials - The Early Days of a Chapter 11 Proceeding: Corporate Practice Strategies for a Distressed Business, MCLE, January 1981.
Speaker and Author of related materials - Exemptions for the Middle and Upper Income Debtor, MCLE. March 1980.
Speaker and Author of related materials - Representing Unsecured Creditors, Commercial Law League of America, May 1979.
*Many of the above articles and seminar materials were co-authored with associates.
MEMBERSHIPS AND OUTSIDE ACTIVITIES
Bankruptcy Merit Selection Panel
Advises the First Circuit Court of Appeals on the appointment of a new Bankruptcy Judge – resigned due to conflict concerning Mintz Levin Associate applying for Judgeship Appointment by the First Circuit Court of Appeals, 2004.American Bankruptcy Institute
Member of Board of Directors-2000-2006
Contributing Editor to the Bankruptcy Law Journal
Education Committee of Board of Directors, 2003, 2004 and 2005
Co-Chair Northeast Bankruptcy Institute, 2001, 2002American College of Bankruptcy
Fellow (Class of 1991)
Member of First Circuit Admission Panel - 2000 - 2003
Educational Chairperson for the First Circuit 2003 - 2005
Member of Future of the College Committee - 2001 - 2006
First Circuit Regent for American College of Bankruptcy - 2005 - PresentBoston University Law School Alumni Association
Co-Chair of Law Firm Challenge - 2005 - Present
Executive Committee 1996 – Present
President 2000-2001Boston University Law School
Board of Visitors 2005 - presentTurnaround Management Association
Chairman of Programming Committee New England Chapter – 1998
Director, New England Chapter - 1999 - Present
Faculty of Association of Certified
Turnaround Professionals 2001, 2002, 2003Jewish Vocational Services
Skills Training Advisory Committee - 1991, 1992, 1995-1996
Micro Enterprises Committee 1997
Board of Directors 1995-2000
Budget and Finance Committee 1999
Director 1995-2000Combined Jewish Philanthropies
Vice-Chair, Lawyers Team - 1994
Co-Chairman, Lawyers and Accountants Team Breakfast - 1994.American Bar Association
MemberBoston Bar Association
Business Bankruptcy CommitteeAssociation of Commercial Finance Attorneys
MemberCommercial Law League of America
MemberMassachusetts Bar Association
MemberMassachusetts Bar Foundation
FellowRed Auerbach Youth Foundation, Inc.
Golf Outing Planning Committee - 1997Massachusetts SuperLawyers
Blue Ribbon Panel Member - 2006
ACKNOWLEDGMENTS
The Best Lawyers in America, Naifeh and Smith, 1983 to Present.
Who’s Who in America
Who’s Who in American Law
Who’s Who in the World
Who’s Who in Finance and Business
Chambers USA, America’s Leading Lawyers for Business, Tier 1 Ranking, 2003, 2004, 2005, 2006 and 2007 Edition, Star Performer Ranking, 2008 Edition
Superlawyers, Listed as one of the Top 100 Attorneys in Massachusetts, 2004, 2005, 2006 and 2007 Edition
Guide to the World’s Leading Insolvency and Restructuring Lawyers
PLC Which lawyer?