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Timothy S. McFadden
Partner | Barnes & Thornburg LLP
Timothy S. McFadden is a partner in Barnes & Thornburg LLP’s Chicago office and a member of the firm’s Finance, Insolvency and Restructuring Department. McFadden concentrates his practice on matters related to bankruptcy and restructuring, creditors' rights, commercial finance and workouts, and commercial litigation.

McFadden represents debtors, secured and unsecured creditors including banks and financial institutions, insurance companies, franchisors, real estate investors and service and manufacturing companies in bankruptcy proceedings of virtually all sizes. His litigation experience includes advocating his clients’ interests in matters involving preferential and fraudulent transfer actions, single asset real estate cases, executory contract rejection and assumption disputes, claim objections, objections to discharge, and motions to dismiss involuntary bankruptcy proceedings.

McFadden received his B.A. from the University of Notre Dame in 1996, and his J.D. from the University of Notre Dame Law School in 2001. He is licensed to practice in the state of Illinois, and before the U.S. District Court for the Northern District of Illinois, the U.S. Supreme Court, and the U.S. Court of Appeals for the 4th Circuit. He is a member of the American Bankruptcy Institute, the Turnaround Management Association, and the Chicago Bar Association. He is also heavily involved with the Lymphoma Research Foundation, the Notre Dame Alumni Association, and the Chicago Coalition for the Homeless.

Posts by this Author:

Guaranties can be important components of a collateral package enabling lenders to make loans on good terms. However, they should never be taken for granted. Read Full Article

October 14, 2015 @ 07:00 AM

A recent decision in the bankruptcy case of Momementive Performance has put secured lenders and distressed debt investors on notice that more risks may be on the horizon. Read Full Article

October 29, 2014 @ 07:00 AM

Lenders frequently get to call a lot of the shots. That power, however, comes with various obligations and risks ... like "lender liability." Read Full Article

Legal Issues
March 04, 2015 @ 07:00 AM

Two recent decisions -- Fisker Automotive and Free Lance-Star Publishing -- have called into question whether the circumstances in which secured creditors are able to credit bid their debt are limited in new ways. Read Full Article

May 07, 2014 @ 07:00 AM

Asset sales within a bankruptcy case can provide numerous advantages to buyers, sellers, and even secured parties. Read Full Article

August 21, 2013 @ 07:00 AM

One of the advantages to a lender of obtaining personal guaranties is that even when a borrower files for bankruptcy and the automatic stay of the Bankruptcy Code prohibits collection actions against the borrower, the lender can still pursue actions against the individual guarantors. Or can it? Read Full Article

Legal Issues
March 06, 2013 @ 07:00 AM