Timothy R. Wheeler Of Counsel

     

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Timothy Wheeler is a restructuring attorney with more than ten years of experience in creditors’ rights and commercial litigation. He has a proven ability to negotiate and resolve legal claims when possible and litigate to resolution when necessary. Tim has broad experience representing individual creditors, creditors’ committees and debtors in complex restructuring matters in various jurisdictions. Tim served as a clerk under Justice Helen E. Hoens, New Jersey Supreme Court (retired) in the Superior Court Appellate Division.

Tim has volunteered since 2009 as trustee, secretary and treasurer of The Subscribers Foundation, a registered section 501(c)(3) nonprofit corporation that partners with other charitable organizations in support of various worthy causes. The Subscribers Foundation works closely with The Subscribers Band, which has created events and delivered scores of performances to help raise more than $7 million for the charities the Band supports. Tim has been a member of the Band for 11 years.

Representative Matters

Led the legal team that resolved through litigation and/or negotiated settlement 1,000+ synthetic lease, landlord and trade claims asserted in the Borders booksellers chapter 11 bankruptcy case, including dozens of personal injury claims

Led the legal team that conducted required due diligence and provided litigation support for the purchaser in the Tower Automotive $1 billion asset sale/purchase

Oversaw the lien review and subsequent litigation that resulted in a stipulated $5 million reduction of the lender’s secured claim

Represented a liquidating trust as defendant in an environmental contamination action brought by the Natural Resources Defense Council and others, which resulted in a negotiated settlement that provided a meaningful distribution to individuals holding underlying claims

Litigated various contract, copyright, regulatory, surety and public contracts issues

Represented creditors, creditors’ committees and debtors in various restructuring and bankruptcy matters

Published legal opinion: In re Margulis, 323 B.R. 130 (Bankr. S.D.N.Y. 2005)