Timothy M. Lupinacci

Baker, Donelson, Bearman, Caldwell & Berkowitz PC

$ $$$

20th Street North 420
Birmingham 35203 AL US

Timothy Lupinacci primarily represents financial institutions, REITs, special servicers, indenture trustees, banks, and asset-based lenders in loan workouts and insolvency, with an emphasis on health care defaults, bankruptcy and restructuring.

Mr. Lupinacci has more than 28 years’ experience in helping financial institutions solve complex issues arising in restructuring throughout the country with extensive experience with workouts and bankruptcies involving defaulted health care loans.

Mr. Lupinacci is chair of the Financial Services Department, a member of the Firm’s Board of Directors and former office managing shareholder for Birmingham. Mr. Lupinacci is Baker Donelson’s representative in the CRE Finance Council. He serves on the Firm’s Diversity Committee and previously served as co-chair of Baker Donelson’s Women’s Initiative Pathways to Leadership Committee.

EDUCATION:

  • Vanderbilt University School of Law, J.D., 1991
  • The University of Montevallo, B.A., 1988, cum laude

ADMISSIONS : Alabama, 1991

Representative Matters:

  • Counseled largest landlord owning 50 properties valued in excess of $500 million in bankruptcy filing of country’s largest free standing emergency room operator. Negotiated and secured full assumption of facility matter leases and related agreements and payment of all cure amounts by reorganized debtor.
  • Represented lender holding $70 million loan secured by ten long term care facilities located in Virginia. Negotiated restructure of securitized loan obligations to avoid Chapter 11 bankruptcy filing; analysis of condemnation issues, Medicare fraud issues and state licensing issues. Restructured loan documents.
  • Represented lender holding $30.5 million loan secured by transitional living facility for individuals with traumatic brain injury, including skilled nursing and assisted living components. Pursued recovery of assets through Chapter 11 bankruptcy case, including appointment of Chapter 11 trustee and competing plan of reorganization to sell the business as a going concern.
  • Represented secured lender holding $47.9 million bonds secured by a hospital in Alabama. Implemented restructure of bond obligations, including extensive negotiations with health care authority and creditors to preserve lender position and financial viability of hospital.
  • Represented secured lender holding $3.2 million loan secured by long term care facility in Chicago, Illinois. Secured appointment of receiver; litigated guarantor liability; and negotiated sale of property at receiver-led foreclosure sale of assets.

Professional Honors & Activities:

  • Member – American Bar Association Standing Committee on Technology and Information Services (2006 – 2009)
  • Council Member – American Bar Association Section of Business Law (2007 – 2011)
  • Recipient – Baker Donelson’s Susan E. Rich Award, given to person “demonstrating an unflagging commitment to advancement of women at Baker Donelson and to women’s issues generally”
  • Member – American, Alabama and Birmingham Bar Associations
  • Member – American Bankruptcy Institute
  • Board of Trustees – University of Montevallo

Cost

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20th Street North 420
Birmingham 35203 AL US
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Lina Stillman

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Broadway 42
New York 10006 NY US
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