Tim’s practice focuses primarily on representing international, national and regional clients, including institutional investors, indenture trustees, asset purchasers, debtor-in-possession (DIP) lenders, secured and unsecured creditors, and other parties-in-interest, in Chapter 11 bankruptcies, out-of-court workouts, bankruptcy litigation matters, and distressed sales. Tim also has experience representing and advising companies in both in and out-of-court restructuring situations, as well as directors and officers of financially distressed companies regarding fiduciary duties and in chapter 11 bankruptcies.
Tim’s broad restructuring experience makes him a trusted advisor to both individuals and companies of all sizes across a wide variety of industries, including senior living, health care, insurance, and retail, and allows him to seamlessly represent and advise clients in distressed financing and sale transactions, as well as in contested matters and adversary proceedings in bankruptcy cases.
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.
Experience
Representative Matters
Indenture Trustee / Bondholder Representations
- Representing the indenture trustee for $122 million of revenue bonds in the Chapter 11 bankruptcy of Illinois-based senior living facility.
- Representing the indenture trustee for $45 million of senior housing revenue bonds in the Chapter 11 bankruptcy of a Texas-based senior living facility.
- Representing 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.
- Representing the indenture trustee for over $1.7 billion of revenue bonds issued for the benefit of various senior living facilities and healthcare facilities across the country in various out-of-court workouts.
- 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.*
Liquidating Trustee/Plan Administrator Representations
- Representing the post-confirmation administrator for the chapter 11 plan of Fieldwood Energy III, LLC and its affiliated post-effective date debtors.
- Representing the trustee of a post-confirmation liquidation trust created in connection with the chapter 11 plan of Limetree Bay Services, LLC and its affiliated debtors.
- 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.*
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
viewpoints
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.
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Amendments to Bankruptcy Rules Set to Take Effect on December 1, 2020
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.
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363 Sales as a Health Care M&A Tool, Part 2 – Pros and Cons for Buyers and Sellers
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.
Read more
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.
363 Sales as a Health Care M&A Tool, Part 1 – Overview
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.
Read more
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
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.
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First Circuit Issues Important Ruling on Valuing Secured Claims in Settled Causes of Action
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!
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The Coronavirus Aid, Relief, and Economic Security Act: Assistance Available to Passenger Airlines and Airports
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.
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Changes to Preference Practices Under New Bankruptcy Law
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
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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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
On May 20, 2019, the United States Supreme Court ruled that a debtor-licensor’s ‘rejection’ of a trademark license agreement under section 365 of the Bankruptcy Code does not terminate the licensee’s rights to continue to use the trademark. The decision, issued in Mission Product Holdings, Inc. v. Tempnology, LLC, resolved a split among the Circuits, but may spawn additional issues regarding non-debtor contractual rights in bankruptcy.
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News & Press
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
Contractor Distress, Construction Law, and Bankruptcy
January 14, 2022
Although the construction industry has largely been able to operate during the COVID-19 pandemic, there nevertheless have been many construction-related bankruptcy filings throughout the United States. In a Q&A article published by Thomson Reuters Practical Law, Mintz Member and Co-chair of the firm's Construction Law Practice Samuel M. Tony Starr and Associates Caitlin Hill and Timothy McKeon discussed how owners and developers can protect their businesses and projects from downstream distress.
Mintz Member and Co-chair of the firm’s Construction Law Practice Samuel M. Tony Starr and Associates Caitlin Hill and Timothy McKeon participated in a Thomson Reuters Expert Q&A discussing contractor distress and the intersection of construction law and bankruptcy.
Mintz Associate, Tim McKeon, wrote an article for the American Bankruptcy Institute about the decision of the the U.S. Court of Appeals for the Third Circuit squarely rejecting the view that “triangular setoffs” fall within the protective circle of § 553 of the Bankruptcy Code.
Mintz Represents The Paper Store in Chapter 11 Bankruptcy Proceedings
September 14, 2020
Events & Speaking
Panelist
Apr
8
2020
Preference Update: SBRA's Due Diligence Requirement
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)
Involvement
- Member, American Bankruptcy Institute
- Member, Turnaround Management Association
Recent Insights
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
Although the construction industry has largely been able to operate during the COVID-19 pandemic, there nevertheless have been many construction-related bankruptcy filings throughout the United States. In a Q&A article published by Thomson Reuters Practical Law, Mintz Member and Co-chair of the firm's Construction Law Practice Samuel M. Tony Starr and Associates Caitlin Hill and Timothy McKeon discussed how owners and developers can protect their businesses and projects from downstream distress.
