Tim’s practice focuses primarily on representing institutional investors, direct lenders, indenture trustees, and ad hoc groups of bondholders and guiding clients through a wide range of complex and distressed situations, including Chapter 11 bankruptcies, receiverships, and out-of-court restructurings. Tim also represents and advises asset purchasers in distressed M&A transactions across a wide variety of industries. Tim’s practice also includes regularly advising insurers in complex mass tort Chapter 11 bankruptcy cases. In addition to his creditor-side experience, Tim also advises companies in both in and out-of-court restructuring situations, as well as directors, board committees, and senior management of financially troubled companies on a range of issues, including fiduciary duties and corporate governance.

Tim’s broad experience makes him a trusted advisor to both individuals and companies of all sizes across a wide variety of industries and allows him to seamlessly represent and advise clients in distressed situations and provide creative solutions to complex issues. Tim regularly collaborates with colleagues across the private equity, real estate, and venture capital teams.

Tim is an active member of the American Bankruptcy Institute (ABI) and the Northeast Chapter of the Turnaround Management Association (TMA).

Prior to joining Mintz, Tim was an associate in the Boston office of an international law firm, where he worked on a variety of bankruptcy and litigation matters. Previously, Tim was an associate in the Portland, Maine office of a regional, full-service law firm, where he gained substantial experience representing Chapter 11 debtors, and a mid-sized law firm in New York City. While in law school, Tim served as a judicial intern to Honorable Carla E. Craig of the United States Bankruptcy Court for the Eastern District of New York and the Honorable Robert E. Grossman of the United States Bankruptcy Court for the Eastern District of New York.

Representative Matters

Indenture Trustee / Bondholder Representations

Representing the indenture trustee for $32 million of revenue bonds in a state court receivership of a Florida-based senior living facility.
Representing the indenture trustee for $122 million of revenue bonds in the Chapter 11 bankruptcy of Illinois-based senior living facility.
Represented the indenture trustee for $45 million of senior housing revenue bonds in the Chapter 11 bankruptcy of a Texas-based senior living facility.
Represented the indenture trustee for $12 million of revenue bonds, as well as the institutional investor holding the bonds, in the Chapter 9 bankruptcy of the City of Chester, Pennsylvania and related adversary proceeding.
Represented the indenture trustee for over $1.1 billion of revenue bonds issued for the benefit of a hospital system in an out-of-court restructuring.
Represented the indenture trustee for $219 million of revenue bonds in the Chapter 11 bankruptcy of national senior living services provider American Eagle Delaware Holding Company LLC and its related affiliates.
Represented the indenture trustee for $140 million of revenue bonds in a multi-year workout and the Chapter 11 bankruptcy of West Virginia-based Thomas Health.
Represented the indenture trustee for $45 million of revenue bonds and working capital debt in the Chapter 11 bankruptcy of Washington-based Astria Health.

Distressed M&A and Section 363 Sale Representations

Represented the DIP lender and stalking horse bidder in the Chapter 11 bankruptcy of a national engineering and architectural firm, and in related negotiations over an eight month period prior to the bankruptcy filing.
Represented one of the largest radiology practices in the United States in the successful purchase of several radiology practices under section 363 of the Bankruptcy Code.
Represented numerous bidders and other parties-in-interest in bankruptcy sales and auctions throughout the country.

Company-Side Representations

Represented a specialty gift retailer with 86 locations in seven states and nearly 2,000 employees in its Chapter 11 bankruptcy that culminated with a going-concern sale of substantially all of the company’s assets in less 45-days after filing bankruptcy and a structured dismissal.
Represented the Chapter 11 Trustee in the bankruptcy of a large railroad company, including on appeals before the First Circuit Court of Appeals and the Bankruptcy Appellate Panel for the First Circuit.*
Represented a large paper mill company in its Chapter 11 bankruptcy.*
Represented a retail company in its Chapter 11 bankruptcy.*
Represented a real estate manager in its Chapter 11 bankruptcy.*

Individual Creditor Representation

Represented a third-party lender in the Chapter 11 bankruptcy of a large coal mining company in connection with a weeklong trial on confirmation of the debtors’ plan of reorganization and related settlement negotiations and Rule 2004 examinations.
Represented an unsecured creditor in the Chapter 11 bankruptcy cases of a renewable energy company in opposing the debtors’ exit financing proposal and confirmation of the proposed plan of reorganization, and on related appeals before the United States District Court for the Southern District of New York.*
Represented a large mortgage lender in numerous bankruptcy cases.*
Represented landlords in the Chapter 11 bankruptcy cases of several large retailers.*
Represented the directors and officers in the bankruptcy of a medical device company, and related adversary proceeding.*

*Representation occurred prior to joining Mintz

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Watch Your Language! Non-Pro Rata Uptier Transactions and the Serta and Mitel Decisions

February 12, 2025 | Blog | By Kaitlin R. Walsh, Tim McKeon

Among the many financial innovations that came out of the COVID era, non-pro rata uptier transactions as a liability management exercise (“LMEs”) are among the more controversial. While lawsuits challenging non-pro rata uptier transactions are making their way through the courts, two important decisions were recently issued by the Court of Appeals for the Fifth Circuit and the New York Appellate Division.

October 8, 2024 | Blog | By Alex Civetta, Tim McKeon

Most high-growth companies find themselves in a race against the clock, trying to use whatever capital they may have to achieve milestones prior to hitting their cash-out date. When markets are tight, as they have been over the past several months, founders and boards confront the reality of a liquidity crisis on a nearly daily basis in their scenario planning. It can come in the form of a potential buyer or investor deciding to walk away from a deal, a current investor experiencing its own liquidity crunch, or unfavorable data coming at an unfavorable time. Whatever the cause, when a company approaches insolvency, it is often an existential event, forcing the board of directors to think carefully about how to help the company make decisions in view of the board’s changing fiduciary duties, as well as how those duties may be impacted by a company’s declining cash position.

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Six Contracting Tips for Property Owners and Real Estate Developers to Protect Themselves from Contractor Distress and Related Bankruptcy Filings

May 5, 2021 | Blog | By Caitie Hill, Tim McKeon, Samuel M. Tony Starr

A reminder for how property owners and real estate developers can protect themselves – and their projects – from downstream distress. There are six key issues that owners should consider when contracting for their next project.

December 1, 2020 | Blog | By Tim McKeon

On December 1, 2020, certain amendments to the Federal Rules of Bankruptcy Procedure take effect. The amendments largely modify rules governing bankruptcy appeals, but also impact Rules 2002 and 2004.

September 11, 2020 | Blog | By Deborah Daccord, William Kannel, Tim McKeon

Over the summer, we wrote about why health care companies may want to consider buying assets out of bankruptcy, taking advantage of the Bankruptcy Code Section 363 sale process (a "363 Sale”). We are back with our second post, to provide more detail to the process and discuss some pros and cons of 363 Sales.

As a refresher, a 363 Sale couples a flexible and fast process with ample liability protection for willing buyers. The primary benefit of a 363 Sale is that a buyer can acquire the debtor’s assets free and clear of virtually all liens, claims, and interests burdening the assets and the debtor. And when Section 363 is coupled with the “assumption and assignment” provisions of Section 365 of the Bankruptcy Code, a debtor is able to assign most contracts or leases that a buyer may wish to purchase, including contracts with ironclad anti-assignment language, provided that certain conditions are satisfied. When a target is experiencing severe financial distress, the benefit of acquiring assets “free and clear” is extraordinarily valuable.

July 28, 2020 | Blog | By Deborah Daccord, William Kannel, Tim McKeon

Although health care may be well positioned to weather an economic downturn as an industry, certain sectors, including ambulatory surgery, vision, dermatology, dental, and other physician practices will bear the brunt of COVID-19 stay-at-home orders and patients delaying non-emergency care. While the onset of COVID-19 has delayed or derailed many transactions, strategic buyers should consider all of the different transaction tools available them to help maximize value and successfully get to closing. For knowledgeable investors and strategic buyers, now is the time to position yourself to acquire valuable health care assets at steep discounts.

For those unfamiliar with 363 Sales, a 363 Sale couples a flexible and fast process with ample liability protection for willing buyers. The primary benefit to a 363 Sale is that a buyer can acquire the debtor’s assets free and clear of virtually all liens, claims and encumbrances burdening the assets and the debtor. When a target is experiencing severe financial distress, the benefit of acquiring assets “free and clear of all liens” is extraordinarily valuable.

May 27, 2020 | Blog | By Tim McKeon

As the COVID-19 pandemic continues to disrupt businesses and markets, and companies begin to look to bankruptcy courts for relief from the resulting liquidity and operational distress, the issue of creditor and shareholder “blocking rights” seems likely to become an important topic as parties attempt to protect their investments.

April 22, 2020 | Blog | By Tim McKeon

In a recent decision addressing valuation issues, the First Circuit has issued an important reminder – and warning – to creditors seeking to establish a secured claim in settlement proceeds based on a security interest in the settled claim. In short, the key lesson for would-be secured creditors is this – the value of a claim is not equal to the value of damages!

March 31, 2020 | Blog | By Tim McKeon, William Kannel

On March 27, 2020, President Trump signed into law the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”), a $2+ trillion stimulus package intended to ease the economic and social disruptions facing the country in the wake of the COVID-19 outbreak.

July 8, 2019 | Blog | By Susan Neuberger Weller, Alexander Roan, Tim McKeon

This past May, in a highly-anticipated decision, the Supreme Court held in Mission Product Holdings, Inc. v. Tempnology, LLC that a debtor’s rejection of an executory contract under Section 365 of the Bankruptcy Code has the same effect as a breach of contract outside of bankruptcy. The decision resolves an inter-circuit split on the effect of a bankrupt trademark licensor’s rejection of a trademark license, a question regarded by legal experts in the trademark community as the most significant unresolved legal issue in trademark licensing.

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Watch Your Language! Non-Pro Rata Uptier Transactions and the Serta and Mitel Decisions

June 01, 2025

Member Kaitlin Walsh and Of Counsel Timothy McKeon published an article in the Journal of Bankruptcy Law reviewing and comparing two court decisions that challenge non-pro rata uptier transactions.

Watch Your Language! Non-Pro Rata Uptier Transactions and the Serta and Mitel Decisions

February 12, 2025| Blog|

23 Mintz Attorneys Named to Boston Magazine’s “Top Lawyers” List

23 Mintz attorneys have been named to Boston Magazine’s 2024 “Top Lawyers” list.

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Timothy J. McKeon

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