Timothy C. Mohan

Associate

Overview

Timothy Mohan is a restructuring and bankruptcy associate in Foley & Lardner's Denver office. He represents debtors, secured creditors, official committees of unsecured creditors, purchasers of assets, investors, and other stakeholders in a broad range of restructuring matters, including: chapter 11 cases, state receiverships, out-of-court workouts, acquisitions, and liquidations.

Tim advises debtors and creditors in out-of-court processes and in-court restructurings across a broad range of industries, such as energy, oil and gas, manufacturing, and retail.

Representative Matters*

Chapter 11 Debtor Representations:

  • Assisted Hooper Holmes, Inc. ("Provant") and its domestic subsidiaries, a publicly traded health and wellness company, in their chapter 11 cases. Foley was the recipient of the Turnaround Atlas Award for Small Market Special Situation M&A Deal of the Year for its work in selling substantially all of Provant's assets through a value-maximizing section 363 sale. 
  • Assisted Energy Future Holdings Corp. and 70 of its affiliates, the largest generator, distributor, and curtailed retail provider of electricity in Texas-the product of the largest buy-out in history-with over $49 billion in liabilities and $36 billion in assets. EFH's chapter 11 case is the largest operating chapter 11 case ever filed in Delaware and the seventh largest chapter 11 case filed in history.*
  • Assisted Northwest Bancorporation of Illinois, Inc, an Illinois bank holding company, in the successful reorganization of its Trust Preferred Securities ("TruPS").*
  • Assisted Edison Mission Energy and its domestic subsidiaries, in its successful Chapter 11 case in Chicago before the United States Bankruptcy Court for the Northern District of Illinois, culminating in the restricting of approximately $5 billion in senior unsecured notes and other debt obligations. Through its Chapter 11 plan, EME sold substantially all of its assets and interests in both debtor and non-debtor subsidiaries to NRG Energy, Inc. for a total purchase price of over $2.6 billion, as well as the assumption by NRG of significant preparation liabilities. In addition, the Chapter 11 plan incorporated a global settlement of all claims and disputes with EME's parent company, Edison International, resulting in approximately $1 billion in additional value for EME's estates. EME, through its subsidiaries, owned or leased and operated a portfolio of more than 40 electric generating facilities powered by coal, natural gas, wind, and biomass, as well as an energy and trading operation.*

Lender and Creditor Representation

  • Represented second lien lender in the Colorado receivership of Brite-Line Technologies, LLC, a manufacturer and marketer of pavement marking tapes and profiled thermoplastics.
  • Represented first lien lender in the Colorado receivership of Caretek, Inc.
  • Assisted in various matter defending creditors from Chapter 5 causes of actions by debtors-in-possessions and liquidating trustees.

Committee Representations

  • Assisted the Official Creditors' Committee of Shale Support Global Holdings, LLC (frac sand producer).
  • Assisted the Official Creditors' Committee of Cambrian Holding Company, Inc, and its affiliated debtors (coal mining company).

*Select matters listed above were handled prior to joining Foley

Professional Affiliations

  • Member, American Bankruptcy Institute
  • Licensed Certified Public Accountant, State of Illinois (inactive)
  • Treasurer, Turnaround Management Association, Rocky Mountain Chapter

Education

  • Wake Forest University School of Law, (J.D., 2013)
    • Recipient, CALI Excellence for the Future Award
    • Staff member, Wake Forest Law Review
  • Tulane University, (M.S., 2006)
    • Accounting
  • Tulane University, (B.S., magna cum laude, 2006)
    • Finance and Accounting

Admissions

  • New York (2014)
  • Illinois (2015)
  • Northern District of Illinois (2015)
  • Colorado (2017)