Timothy J. McKeon
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
Case Study
Mintz represented The Paper Store in its Chapter 11 bankruptcy case and devised a strategy that allowed its stores to remain in operation without interruption.
Case Study
Mintz represented Bay Point Capital Partners, LP in investigations pertaining to its financing of a prepetition sale-leaseback transaction related to the bankruptcy case of Mission Coal Company, LLC. Our attorneys negotiated a settlement that protected the lender’s interests and made it whole.