Skip to main content

Timothy J. McKeon

Associate

[email protected]

+1.617.348.4924

Share:

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

Read less

News & Press

Press Release Thumbnail
BOSTON – Twenty-five Mintz attorneys have been named to Boston Magazine’s Top Lawyers list.
Press Release Thumbnail
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.
Press Release Thumbnail
35 Mintz attorneys have been named Massachusetts Super Lawyers and 25 Mintz attorneys have been named Massachusetts Rising Stars for 2022.
News Thumbnail
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.
News Thumbnail
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.
News Thumbnail
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.
Read less

Events & Speaking

Recognition & Awards

  • 2020 Turnaround Management Association's Non-Profit Turnaround Award 

  • Included on the Massachusetts Super Lawyers: Rising Stars – Bankruptcy: Business list (2021-2023)

  • Boston Magazine Top Lawyers – Bankruptcy (2023)

Read less

Involvement

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