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.
Experience
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
viewpoints
Understanding the Statutory Cap on Landlord Claims for Rejected Leases in Bankruptcy
July 25, 2025 | Blog | By Brandon Barker, Geoffrey Smith, Tim McKeon, Dormie Ko
The number of corporate bankruptcy filings has increased significantly over the past several years. In 2024, there were 688 chapter 11 filings by private companies with either assets or liabilities greater than $2 million or public companies with assets or liabilities greater than $10 million—the highest number of such chapter 11 filings in 15 years. 2025 has already seen the highest total of such filings for the first half of the year since 2010 with 371 total filings—with 127 filings in May and June.[1]
In these cases, it is not unusual for companies to use the bankruptcy process to “reject” unwanted leases to lessen corporate footprints and improve liquidity. As a result, landlords often find themselves in a dispute with a debtor-tenant over the resulting damages from such rejection. With the increasing number of corporate bankruptcies, and the resulting impact on landlords, this article offers an overview of considerations landlords should contemplate when they are notified that their leases have been rejected in bankruptcy.
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.
Early- and Growth-Stage Companies in Distress: What Directors Need to Know about their Fiduciary Duties
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.
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
Amendments to Bankruptcy Rules Set to Take Effect on December 1, 2020
December 1, 2020 | Blog | By Tim McKeon
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
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
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
First Circuit Issues Important Ruling on Valuing Secured Claims in Settled Causes of Action
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
News & Press
Watch Your Language! Non-Pro Rata Uptier Transactions and the Serta and Mitel Decisions
June 1, 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.
23 Mintz Attorneys Named to Boston Magazine’s “Top Lawyers” List
November 22, 2024
23 Mintz attorneys have been named to Boston Magazine’s 2024 “Top Lawyers” list.
Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.
Twenty-Five Mintz Attorneys Named To Boston Magazine’s Top Lawyers List
November 21, 2023
BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
Fifty-Nine Attorneys Recognized as 2023 Massachusetts Super Lawyers and Rising Stars
October 12, 2023
Mintz is pleased to announce that 32 attorneys have been named Massachusetts Super Lawyers and 27 attorneys have been named Massachusetts Rising Stars for 2023.
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
Mintz Represents The Paper Store in Chapter 11 Bankruptcy Proceedings
September 14, 2020
Events & Speaking
Hope for the Best, but Plan for the Worst – What to Know about Restructurings, Workouts & Bankruptcies
NFMA
San Antonio, TX
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 (2021-2024)
Boston Magazine Top Lawyers – Bankruptcy (2023 - 2024)
Involvement
- Member, American Bankruptcy Institute
- Member, Turnaround Management Association
Recent Insights
Understanding the Statutory Cap on Landlord Claims for Rejected Leases in Bankruptcy
July 25, 2025| Blog|
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.
