Timothy C. Mohan

Senior Counsel

Overview

Timothy Mohan is a restructuring and bankruptcy senior counsel 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:

  • Represents Briggs & Stratton Corporation, the world's largest small engine producer and a leading U.S. manufacturer of power generation, lawn and garden turf care and job site products, in its chapter 11 case involving over $500 million in funded debt.
  • 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.*

*Select matters listed above were handled prior to joining Foley

Committee Representations

  • CARBO Ceramics Inc. and its subsidiaries: Represented the Official Committee of Unsecured Creditors in the bankruptcy cases of this sand mining and proppant manufacturing company and its subsidiaries. After a significant valuation dispute, a settlement resulting in an agreed confirmed plan was negotiated. The creditors of the parent entity are projected to receive four times the initial plan proposal and the subsidiary creditors are to be paid in full. “The committee played a very valuable role in this case. I think it should give everyone confidence in the system that we had a committee that came in, I think under difficult circumstances, with a Debtor that is really on its back, and fought very hard and received substantial benefits for it constituency.” - J. Isgur, Transcript of Conf.Hrg. [Doc. 543, p.33].
  • Serves as counsel to the Official Committee of Unsecured Creditors in the automotive bankruptcy case of Shiloh Industries, Inc., pending in the U.S. Bankruptcy Court for the District of Delaware. Shiloh Industries is a global innovative solutions provider focusing on lightweighting technologies that provide environmental and safety benefits to the mobility market.
  • Serves as counsel to the Official Committee of Unsecured Creditors in the retail bankruptcy case of Pier 1, pending in the U.S. Bankruptcy Court for the Eastern District of Virginia.
  • Serves as counsel to the Official Committee of Unsecured Creditors in Cambrian Coal Company, currently pending in the Eastern District of Kentucky
  • 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).

Lender, Creditor and other Representation

  • Represents one of the largest unsecured creditors (and Member of the Unsecured Creditors Committee) in the retail bankruptcy case of Brooks Brothers Group, Inc., a large chapter 11 retail clothing case in the U.S. Bankruptcy Court for the District of Delaware
  • Serves as special counsel to the chapter 7 Trustee in the law firm bankruptcy case of re LeClairRyan, currently pending in the Bankruptcy Court for the Eastern District of Virginia
  • 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

Recognition

  • Received Best Lawyers: One To Watch recognition for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2021 - 2022)

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)