Timothy M. Lupinacci

Email This Page  Print This Page Print PDF
Shareholder
Wells Fargo Tower
420 20th Street North
Suite 1400
Birmingham, Alabama 35203
T: 205.244.3835
F: 205.488.3835

Timothy M. Lupinacci, shareholder in the Firm's Birmingham office, is a member of the Firm's Board of Directors, chair of the Financial Institutions Group and is former office managing shareholder for Birmingham. He concentrates his practice in the areas of bankruptcy and restructuring, financial services and transactions, and health law. Mr. Lupinacci primarily represents special servicers, banks, financial institutions and asset-based lenders in loan workouts and insolvency, with an emphasis on creative restructuring of problem loans, including long term care and senior housing defaults. He has extensive experience with workouts and bankruptcies involving defaulted CMBS loans. Mr. Lupinacci is Baker Donelson's representative in the CRE Finance Council (formerly CMSA).

Publications & Speaking Engagements

  • Frequent lecturer on creditors' rights, workouts and insolvency, speaking at presentations sponsored by the National Conference of Bankruptcy Judges, Norton Bankruptcy Law Institute, American Bar Association Section of Business Law, National Association of Credit Management, Alabama Bar Institute, Alabama Association of Legal Assistants, Birmingham Bar Association and numerous presentations to clients.
  • "Edge of Glory: Practical Tips for Young Associates," Alabama Lawyer, September 2011
  • "Recent Trends in Pursuing Remedies in the Southeast," client training seminar, New York, New York, June 13, 2011 
  • "Rain on Me: Rainmaking and Marketing in a World-Class Drought!" ABA Annual Meeting, Chicago, Illinois, August 1, 2009
  • "'Adequately Protect' Your Interests in an Economic Crisis: Proactive Steps for Lenders Facing Bankrupt Borrowers," Business Law Today, May/June 2008
  • Lender Liability and Bankruptcy Challenges Facing Servicers Today, CWCapital Asset Management, LLC, May 5, 2009; Helios AMC, LLC, March 26, 2009
  • The Stalking Horse Whisperer: What Every Business Lawyer Needs to Know About Acquiring Distressed Companies Under 363 Sales, ABA Section of Business Law Meeting, Dallas Texas, April 10, 2008
  • Co-author – "Revival of Guaranty and Recovery of Postpetition Attorney's Fees: Two for the Price of One," Norton Bankruptcy Law Adviser, April 2008
  • Litigating Avoidance Actions: Discharge and Dischargeability, Norton Bankruptcy Litigation Institute I, Park City, Utah, February 2008
  • Legal Perspectives: Addressing Problem Health Care Loans in the Economic Downturn, Twelfth Annual National Medicaid/Medicare Leadership Conference, Sarasota, Florida, February 11, 2008
  • Buying and Selling Distressed Small Businesses, ABA Annual Meeting, San Francisco, California, August 13, 2007
  • Everything You Need to Know in Defending a Bankruptcy Preference Action, Commercial Finance Association 17th Annual Entrepreneurial Finance & Factoring Conference, Dallas, Texas, May 16, 2007
  • Preemptive Action to Avoid Shortfalls in Problem Healthcare Loans, Eleventh Annual National Medicaid/Medicare Conference, Sarasota, Florida, March 15, 2007
  • Almost Everything You Always Wanted to Know about Practice Pointers After the Bankruptcy Reform Legislation: Avoiding the Landmines – The Healthcare Amendments, National Conference of Bankruptcy Judges, San Francisco, California, November 1, 2006
  • Recognizing, Reacting and Responding to Financial and Accounting Fraud, Capmark Finance Inc. Special Servicing Unit, Dallas, Texas, September 14, 2006
  • Whose Case Is It Anyway? Taking Control Through a Creditor Plan of Reorganization, ABA Section of Business Law Spring Meeting, Tampa, Florida, April 2006
  • Co-author – "The Changing Face of Health Care Bankruptcies: Analyzing BAPCPA's Health Care Amendments," Norton Bankruptcy Law Advisor (April 2006)
  • "New Player at the Health Care Reorganization Table: Practical Implications of the Patient Care Ombudsman," ABI Journal (July/August 2005)
  • Avoidance Theory and Practice, National Conference of Bankruptcy Judges, Nashville, Tennessee, October 12, 2004
  • Everything You Wanted to Know About Plans and Disclosure Statements, National Conference of Bankruptcy Judges, Chicago, Illinois, October 5, 2002
  • Everything You Wanted to Know About First Day Orders, National Conference of Bankruptcy Judges, Orlando, Florida, October 17, 2001
  • "Ten Practical Tips for Defending a Preference Action," ABI Journal (October 2003)

Professional Honors & Activities

  • Listed in Alabama Super Lawyers in Bankruptcy & Creditor/Debtor Rights since 2008
  • Listed as one of the top 50 attorneys in Alabama by Alabama Super Lawyers, 2012 
  • Listed in The Best Lawyers in America, Bankruptcy and Creditor-Debtor Rights Law since 2004
  • Listed in Chambers USA: America's Leading Business Lawyers in Bankruptcy/Restructuring since 2009 
  • Contributing Editor – Norton Bankruptcy Law & Practice 3d
  • Member – American Bar Association Standing Committee on Technology and Information Services (2006-2009)
  • Council Member – American Bar Association Section of Business Law (2007-2011)
  • Co-Chair – ABA Judicial Division Bench/Bar Bankruptcy Council (2006-2009)
  • Chair – Litigation Subcommittee of the Business Bankruptcy Committee of the ABA Section of Business Law (2008-present)
  • Listed in Birmingham Business Journal's "Who's Who in Law & Accounting" (2010)
  • Recognized as one of the Birmingham Business Journal's most influential business leaders in the legal industry (2010) 
  • Named by Birmingham magazine as one of "Birmingham's Top Attorneys" in Bankruptcy (2009, 2012)
  • Named by Birmingham Business Journal as one of "Birmingham's Most Influential People" (2009)
  • Listed in Birmingham Business Journal's "Top 40 Under 40" (1999)
  • Member – American, Alabama and Birmingham Bar Associations
  • Member – American Bankruptcy Institute
  • Board of Directors – American Cancer Society's Greater Birmingham Area

Admissions

  • Alabama, 1991

Education

  • Vanderbilt University School of Law, J.D., 1991
  • The University of Montevallo, B.A., 1988, cum laude