Richard E. Mikels [retired]

Richard Mikels retired from the partnership on May 30, 2022. Mr. Mikels has extensive experience in chapter 11 reorganizations, bankruptcy and out of court workouts. He is an expert in all aspects of corporate bankruptcy and insolvency law. Mr. Mikels is recognized nationwide for his work representing debtor companies both in chapter 11 bankruptcy and in out-of-court workouts, creditors' committees, boards of directors, insurance companies, hedge funds, claims traders, lenders and acquirers of distressed businesses. Mr. Mikels is also well known for his skills as a mediator. Mr. Mikels has conducted several mediations of a wide range of business and bankruptcy law disputes and served as co-chair ABI’s Mediation Committee He has acted as the mediator in matters in various industries and with respect to a wide variety of issues. Mr. Mikels served as the leader of the bankruptcy department at three law firms over a period of thirty-eight years. He founded the bankruptcy department at two of those firms.

In addition to his skills as a lawyer, Mr. Mikels taught bankruptcy law at Boston University Law School for nine years as an adjunct professor. Boston University awarded him the Silver Shingle Award for Distinguished Service to the School of Law in 2004. Further, he served for almost a decade on the faculty of a forty-hour mediation course presented by St. Johns Law School and the American Bankruptcy Institute.

Mr. Mikels has been listed in Chambers USA, Best Lawyers in America, Super Lawyers and Lawdragon 500 Leading Bankruptcy & Restructuring Lawyers. He also holds an AV Preeminent Peer Rating, Martindale-Hubbell's highest rating for ethical standards and legal ability.

Representations

Chapter 11 debtors: Filene's Basement, Malden Mills, Alsip Acquisition, Joan Fabrics, New Care Inc. (counsel to examiner), Lexington Jewelers Exchange dba Alpha Omega Jewelers, Great Northern Paper, Caribbean Petroleum and Globe Manufacturing

Out-of-court restructurings include a professional services provider, an internet retailer, a food-processing company, a religious institution of higher learning, a regional aquarium, a chain of furniture stores, and others in various industries including education, biotech, high technology, pharmaceuticals, print, real estate, healthcare, retail, and manufacturing

Creditors' committees: United Road Towing, Hampshire Group, Jevic, RadioShack (ad hoc dealer-franchise committee), Oscient Pharmaceuticals, Buckingham Oil (ad hoc investor committee) and Rochester Drug Co-Operative

Mediator in multi-party disputes

Mergers & Acquisitions: Suffolk Construction, Alliance Tire, Silica Tech, Corners Inc., Molten Metal Technology, Craig Systems, Momentum Telecom, Manistique Paper

Equity representations: Town & Country Corporation, Corners Inc., Paperama, Cumberland Farms, Nets Inc., Manistique Acquisitions, One IP Voice

Creditors: Secured lender in Fort Square Associates, liquidity provider in Jefferson County, Alabama, bank group in Trend-Lines, private equity company in Rehrig International, and many others

Assignees for the Benefit of Creditors: Optimus Ride (Massachusetts Assignment), Owner IQ (Delaware Assignment), among many others

Professional Affiliations

• Fellow, American College of Bankruptcy (admitted in College’s second class in 1991)(former national chair, board of regents; national vice president; board member, national education chair, first circuit regent)
• American Bankruptcy Institute (former national board member; plan advisory committee co-chair for Commission to Study the Reform of Chapter 11; co-chair Mediation Committee; Chair Mediation Subcommittee on Model Rules; contributing editor of the Bankruptcy Law Journal; Education Committee of the Board of Directors)
• Past director, New England Chapter of the Turnaround Management Association; served on the faculty of the Association of Certified Turnaround Professionals; currently serves on the TMA Online Programming Committee for the New York Chapter and has recently been asked to serve on the 2022 TMA Education Oversight Committee for TMA International
• Member, Combined Jewish Philanthropies Scholarship Fund Committee
• Member, Boston University School of Law Alumni Executive Committee (formerly president). Formerly served on the Board of Visitors and as co-chair of the Job Placement Task Force
• Past member of the Advisory Committee for the Pocket MBA for Lawyers Program, Boston University Questrom School of Business Questrom
• Past co-chair, Charles P. Normandin Fund
• Past director, Jewish Vocational Services

Programs and Lectures

News

Publications

• Coauthor, "Revel: To Stay or Not to Stay? Third Circuit Reveals the Answer," 35 ABI Journal 12 (Jan. 2016)
• Coauthor, "ABI Mediation Committee's Model Guidelines for Mediation," 34 ABI Journal 24 (April 2015)
• Coauthor, "Should Bankruptcy Waivers Be Enforceable?" 33 ABI Journal 12 (Dec. 2014)
• Coauthor, "Is Possession a Requirement for Turnover?" 32 ABI Journal 34 (April 2013)
• Coauthor, "Can a Counterparty to an Executory Contract Perform Preassumption?" 31 ABI Journal 28 (May 2012)
• Coauthor, "Bankruptcy's Impact on Financial Markets," 30 ABI Journal 10 (Dec./Jan. 2011)
• Coauthor, "Chrysler Reflects Modern Reorganization Practice," 29 ABI Journal 10 (Dec Jan 2010)

Events