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Timothy J. McKeon

Of Counsel

[email protected]

+1.617.348.4924

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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

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viewpoints

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

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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.

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

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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.

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BOSTON –  Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.

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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.

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35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.

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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.
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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.
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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.
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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)

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Involvement

  • Member, American Bankruptcy Institute
  • Member, Turnaround Management Association
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