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David A. Mawhinney

Fax +1.617.261.3175
Mr. Mawhinney is an associate in the Boston office of K&L Gates. His practice focuses on restructuring and insolvency and commercial litigation. Mr. Mawhinney has represented a variety of parties in business and consumer bankruptcy cases, with an emphasis on corporate debtors in chapter 11 and mortgage holders in chapter 13 consumer cases. Prior to entering law school, Mr. Mawhinney worked as a theater performer in New York City. He is a graduate of the American Repertory Theater Institute in Cambridge, Massachusetts and holds a Master of Fine Arts from the Moscow Art Theater in Russia.

In 2012, while clerking for the Honorable Frank J. Bailey at the United States Bankruptcy Court for the District of Massachusetts, Mr. Mawhinney helped develop what has become an annual program for the district and appeals court clerks of the First Circuit called “Introduction to Bankruptcy Law and the Bankruptcy System.” This session provides a general overview of bankruptcy law, procedure, and jurisdiction, featuring insolvency practitioners and bankruptcy judges.

In 2018, Mr. Mawhinney became a member of the National Conference of Bankruptcy Judges “Next Generation” Program. In 2019, he was named among the American Bankruptcy Institute’s “Top 40 Under 40” insolvency professionals.

Professional Background

Prior to joining K&L Gates, Mr. Mawhinney served as law clerk for the Honorable Frank J. Bailey, Chief Judge of the United States Bankruptcy Court for the District of Massachusetts.

Professional/Civic Activities

  • Boston Bar Association
  • New York State Bar Association
  • Member of National Conference of Bankruptcy Judges 2018 Next Generation Program

Speaking Engagements

  • “Bankruptcy Basics: From Filing to Discharge & Beyond.” National Conference of Bankruptcy Judges (April 25, 2019)
  • “FinTech in the Commonwealth: Regulatory and Privacy Considerations.” Boston Bar Association (March 21, 2019)
  • “Overview of Federal Policy on Student Loans and Debt Relief.” Boston Bar Association (October 3, 2018)
  • “How Safe Are the ‘Safe Harbors’? How to Protect Your Investment Funds and Trades From Bankruptcy Clawback After the Supreme Court’s Recent Merit Management Ruling,” K&L Gates LLP Webinar (July 2018)
  • “Short Sales: Selling Free and Clear in Chapter 13,” 28th Annual Bankruptcy Bench Meets Bar Conference (May 24, 2018)
  • “Blockchain and Cryptocurrency.” Boston Bar Association (May 8, 2018)
  • “Bankruptcy 101L Intro to Bankruptcy Law for Attorneys Who Don’t Practice Bankruptcy Law,” Boston Bar Association (March 15, 2017)
  • “Introduction to Bankruptcy Law and the Bankruptcy System,” Presented to the Law Clerks of the First Circuit and U.S. District Court by the Honorable Frank J. Bailey, Chief Judge, U.S. Bankruptcy Court for the District of Massachusetts, (October 2012-2018)

Additional Information

  • “Reaching Non-Debtor Assets: Substantive Consolidation and Reverse Veil Piercing” 19th Annual New England Bankruptcy Law Conference 2017
  • “Real Estate Title Practice in Massachusetts” (3rd Ed. 2016) Chapter 11 - Bankruptcy
  • “Asset Sales in Chapter 11” 16th Annual Conference New England Bankruptcy Law Massachusetts Continuing Legal Education, 2014
  • Restructuring counsel to National Fish and Seafood, Inc., a national seafood supplier.
  • Counsel to Clark-Cutler-McDermott Company, an automotive supplier, in its Chapter 11 case in Massachusetts.
  • Counsel to Chapter 11 Trustee of Buckingham Oil Interests, Inc., an oil and gas exploration and production company in the successful “spin off” and recapitalization of its drilling programs.
  • Counsel to creditor holding post-petition claims against Toys “R” Us in the latter’s Chapter 11 case in Virginia.
  • Counsel to “critical vendor” manufacturer in Chapter 11 case of Fallbrook Technologies.
  • Counsel to several creditors in bankruptcy-related appeals in Chapter 13 cases.
  • Bankruptcy counsel to Brookstone Holdings Corp. and its affiliates in their successful Chapter 11 reorganization in Delaware.
  • Bankruptcy counsel to Landauer Healthcare Holdings, Inc. and its affiliates, a durable medical equipment supplier, in its Chapter 11 case in Delaware.
  • Counsel to liquidating supervisor of bankrupt tire manufacturer in resolution of contingent unliquidated liability owed to the US Customs and Border Protection Agency.
  • Counsel to Court-appointed Examiner of UFood Restaurant Group, Inc. in its Chapter 11 case in Massachusetts.
  • Counsel to numerous investment funds in connection with fraudulent transfer litigation stemming from the leveraged buyouts of Lyondell Chemical Company and Tribune Company
  • Counsel to secured lender in its “credit bid” acquisition of commercial real estate through bankruptcy sale
  • Counsel to creditor-plaintiff in lawsuit to enforce commercial guaranty against principal owner of bankrupt real estate entity.
  • Counsel to indenture trustee in successful mediation of bondholder action following going concern sale of bond-financed continuing care retirement facility