Tim’s practice focuses primarily on representing institutional investors, bond trustees, lenders, and other creditors in Chapter 11 bankruptcies and reorganizations, out-of-court workouts, and bankruptcy litigation matters across a variety of industries, including health care, retail, higher education, and real estate. Tim also represents clients in connection with commercial financing transactions and in complex commercial disputes.
Tim’s broad experience in bankruptcy litigation and general case administration includes representations of Chapter 11 debtors and trustees, post-confirmation liquidation trusts, secured and unsecured creditors, landlords, directors and officers, and asset purchasers on issues related to relief from stay, adequate protection, valuation, disguised financing, fraudulent transfer, plan confirmation, assumption/rejection of leases and executory contracts, Rule 2004 examinations, and appellate litigation.
Prior to joining Mintz, Tim was an associate in the Boston office of a full-service 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.
- Represented a global private equity firm in its role as pre-petition senior lender, DIP lender, and stalking horse purchaser in a chapter 11 bankruptcy of a national engineering and architectural firm. This included related negotiations prior to the bankruptcy filing, which involved government contracts, security clearance, employment, and insurance.
- Represented a regional specialty gift retailer in its Chapter 11 bankruptcy case.
- Represented Bond Trustee in the multi-year workout of $140 million of hospital revenue bonds issued for the benefit of West Virginia-based Thomas Health in chapter 11 bankruptcy proceedings.
- Successfully represented Bond Trustee in the redemption of $45 million of hospital revenue bonds and working capital debt issued for the benefit of Washington-based Astria Health in chapter 11 bankruptcy proceedings.
- 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 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 a large mortgage lender in numerous bankruptcy cases.
- 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 landlords in the Chapter 11 bankruptcy cases of a large retailer.
- Represented the trustee of a post-confirmation liquidation trust in a five-day bench trial against a debtor’s former directors and officers for claims related to fraudulent conveyances and breaches of fiduciary duties.
- Represented the directors and officers in the bankruptcy of a medical device company.
- Represented the debtor in a Chapter 11 bankruptcy of a large paper mill company.
- 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.
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
December 1, 2020 | Blog | By Tim McKeon
September 11, 2020 | Blog | By Deborah Daccord, William Kannel, Tim McKeon
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
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.
Delaware Bankruptcy Court Rules that Shareholder Cannot Enforce “Golden Share” Blocking Right to Dismiss Bankruptcy Filed Without its Consent
May 27, 2020 | Blog | By Tim McKeon
April 22, 2020 | Blog | By Tim McKeon
The Coronavirus Aid, Relief, and Economic Security Act: Assistance Available to Passenger Airlines and Airports
March 31, 2020 | Blog | By Tim McKeon, William Kannel
September 4, 2019 | Blog | By Tim McKeon
U.S. Supreme Court Adopts Rule Protecting a Trademark Licensee’s Ability to Use a Trademark after a Bankrupt Licensor’s Rejection of the License
July 8, 2019 | Blog | By Susan Neuberger Weller, Alexander Roan, Tim McKeon
Supreme Court Adopts a “Rejection-as-Breach” Rule to Allow Licensee to Continue to Use Trademark Following Debtor’s Rejection of License
May 29, 2019 | Blog | By Tim McKeon
News & Press
January 14, 2022
Third Circuit Holds that Setoff Rights Under § 553 Require “Strict Bilateral Mutuality” and Finds that “Triangular Setoffs” Are Unenforceable
May 24, 2021
Events & Speaking
American Bankruptcy Institute Webinar
Recognition & Awards
- 2020 Turnaround Management Association's Non-Profit Turnaround Award
- Included on the Massachusetts Super Lawyers: Rising Stars – Bankruptcy: Business list (2021-2022)
- Member, American Bankruptcy Institute