timothydurken_opulent_22_12

  • Bar Admissions
    Massachusetts

    New York

    U.S. District Court, District of Massachusetts

    U.S. District Court, Southern District of New York

    United States Court of Appeals, First Circuit
  • Memberships
    American Bankruptcy Institute

    American Bar Association

    Association for Corporate Growth

    Boston Bar Association

    Massachusetts Bar Association

    Turnaround Management Association

  • Education
    Vanderbilt University School of Law, Juris Doctor, 2006

    University of Massachusetts, Amherst, Bachelor of Business Administration, cum laude, 1999
  • Honors
    Recipient of the Vanderbilt Scholastic Excellence Award in Corporate Restructuring Under Chapter 11
  • Publications & Articles

    Co-author, The Clock Runs Out on Federal-Mogul’s Asbestos PI Trust’s Wrongful Death Action, XXXIII ABI Journal 60, May 2014

    Author, "Ten Things You Need to Know About Intellectual Property Licenses in Bankruptcy," 2014

    Author, "Gone Baby Gone- Recovery of Stolen Bitcoins in Mt. Gox Bankruptcy," 2014

    Author, "Credit Bid Capped in Charged Fisker Bankruptcy Auction," 2014

    Author, "Lawsuit Against Lyondell Shareholders for Repayment of LBO Proceeds Survives Motion to Dismiss," 2014

    Author, "'Including' vs. 'Including Without Limitation': First Circuit's Lesson on Precision in Loan Contract Drafting," 2014

    Author, "Second Circuit Rules that Foreign Debtors Must Have Place of Business or Property in the United States for Recognition of a Foreign Proceeding Under Chapter 15 of the Bankruptcy Code," 2013

    Author, “Bankruptcy Claims Trading Gets Dirtier as Third Circuit in KB Toys Rules That §502(d) Disallowance Cannot be 'Washed' from Claims,” 2013

    Author, “ResCap Bankruptcy Judge Holds that Unamortized Original Issue Discount in Fair Value Debt for Debt Exchange Not Disallowed Under §502(b)(2),” 2013

    Co-author, Section 507(b) Superpriority Administrative Expense Claims Loom Large When "Adequate Protection" of Secured Interests Fail,  New England Bankruptcy Law 2013, Massachusetts Continuing Legal Education (2013)


    Author, “Quantum Physics and Speed of Light at the Delaware Bankruptcy Court Twenty Days of Prepetition Electricity Not Entitled To §503(b)(9) Administrative Priority in Bankruptcy,” 2013

    Author, “Historical Tort System Claim Values Cannot Be Reduced By “Nuisance” Settlements and ‘Implicit Defense Costs’ to Determine Present and Future Asbestos Liability in §524(g) Bankruptcies,” 2013

    Author, “Will American Airlines CEO Pocket $20 Million Severance Payment? BAPCA § 503(c) Restrictions on Insider Severance Have No Teeth in Plan Confirmation,” 2013

    Author, “CalPERS May Prevail Despite City of Stockton Bankruptcy Judge's "Unfair Discrimination" Warning,” 2013

    Author, “False Alarm? Convertible Bonds Unlikely to be Reduced by the Value of their Conversion Rights in Bankruptcy,” 2013

    Co-author, "How distressed claims trading may impact your reorganization strategy," Navigating Today's Environment: The Directors' and Officers' Guide to Restructuring, 2010
  • Speaking Engagements
    Presenter, "TelexFree - How We Got Here and Where We Are Going," Boston Bar Association, 2014
  • Community Involvement
    Vanderbilt University Law School admissions alumni interviewer


Tim Durken is an associate in the Bankruptcy and Restructuring Group and Litigation Group.  His practice includes bankruptcy cases, out-of-court restructurings and state court litigation and his representations include a wide range of constituencies, including debtors, institutional lenders, hedge funds, tort claimants, lessors, guarantors, and official and ad hoc committees of creditors. Tim has extensive experience with complex financial transactions and capital structures, including first-lien and second lien financing, multi-lender syndicated loans, term and revolver facilities, security agreements, intercreditor agreements, leveraged buy-out transactions, public bond indentures, debtor-in-possession financing, and securitization transactions. Prior to joining Jager Smith, Tim practiced as an associate in the litigation and corporate restructuring group of an international law firm.

notableexperience_opulent_22

  • Represents T&N Limited as special counsel in defense of asbestos claims brought by post-confirmation Federal-Mogul Asbestos Personal Injury Trust in Massachusetts District Court.
  • Represented a post-confirmation litigation trust in Chapter 11 cases of power plant company Boston Generating in the Southern District of New York in connection with recovery of fraudulent transfers from recapitalization transaction.
  • Represented official committee of creditors in Chapter 11 cases of international shipping company Baytown/Omega Navigation in the Southern District of Texas resulting in a substantial dividend for unsecured creditors.
  • Represented liquidating trustee of insurance company Majestic Capital and its subsidiaries in post-confirmation litigation in the Southern District of New York Bankruptcy Court.

  • Represented state court receiver to successfully contest an involuntary bankruptcy proceeding in Massachusetts against a leading sleep medicine provider.

  • Represented Massachusetts manufacturing company in refinancing transaction.

  • Represented a post-consummation litigation trust in the Chapter 11 case of Lyondell Chemical Company in the Southern District of New York.
  • Represented Hologic, Inc. regarding security and licensee interests in pharmaceutical intellectual property in Chapter 11 proceedings of K-V Pharmaceutical Company in the Southern District of New York.
  • Represented the Northern Mariana Islands Retirement Fund as debtor in a Chapter 11 proceeding in the District of the Northern Mariana Islands.
  • Represented The Bank of New York Mellon Trust Company, N.A. as indenture trustee, in an action brought by Liberty Media Corporation in Delaware State Court concerning the scope of an indenture successor obligor clause.
  • Represented an ad hoc consortium of Trust Preferred Security holders in the Chapter 11 proceedings of Washington Mutual, Inc.
  • Represented an ad hoc consortium of claimholders in the Chapter 11 proceedings of Lehman Brothers Holdings Inc.
  • Represented an ad hoc committee of asbestos tort victims in Chapter 11 case seeking 524(g) protection for Pfizer, Inc. and Quigley Company, Inc.
  • Represented the Official Committee of Unsecured Creditors of Visteon Corporation in Chapter 11 proceedings.
  • Represented an ad hoc consortium of second lien lenders in Legends Gaming, LLC Chapter 11 case.
  • Represented lenders in Norwood Promotions Products, Inc. Chapter 11 cases in connection with credit bidding and auction process.