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Timothy M. Lupinacci

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Timothy M. Lupinacci primarily represents special servicers, indenture trustees, 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.

Featured Video

"Stressed Out": Critical Bankruptcy Concepts for Lenders and Operators May 10, 2016

Professional Biography

Overview

Mr. Lupinacci has extensive experience with workouts and bankruptcies involving defaulted CMBS loans.

Mr. Lupinacci is chair of the Financial Services Department, a former member of the Firm's Board of Directors and former office managing shareholder for Birmingham. Mr. Lupinacci is Baker Donelson's representative in the CRE Finance Council (formerly CMSA). He is also the co-founder of Baker Donelson's CMBS Special Servicer blog.

Professional Honors & Activities
  • Fellow – American College of Bankruptcy
  • Listed since 2008 in Mid-South Super Lawyers in Bankruptcy & Creditor/Debtor Rights 
  • Listed as one of the top 50 attorneys in Alabama by Alabama Super Lawyers (2012 and 2013) 
  • Listed since 2005 in The Best Lawyers in America® in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Bankruptcy Litigation
  • Named the Best Lawyers' 2015 Birmingham Bankruptcy Litigation "Lawyer of the Year"
  • Listed since 2009 in Chambers USA: America's Leading Business Lawyers in Bankruptcy/Restructuring  
  • Co-Editor-in-Chief – ABI Healthcare Insolvency Manual, 3rd edition (2012)
  • 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 – 2013)
  • 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, 2014)
  • 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), "Top 40 Under 40 All-Stars: The Ultimate Top 40 Class (2017)
  • Member – American, Alabama and Birmingham Bar Associations
  • Member – American Bankruptcy Institute
  • Board of Directors – American Cancer Society's Greater Birmingham Area
Publications
Speaking Engagements
  • "Preference Issues in Bankruptcy Cases," Norton Law Institute 2017 Bankruptcy Law Webinar Series (May 2017)
  • "She Got the Goldmine (I Got the Shaft): Critical Bankruptcy Concepts for Owners and Operators" (November 2016)
  • Panelist – "Key Client Accounts: Successfully Aligning Client and Partners," 21st Annual Marketing Partner Forum, Naples, Florida (January 2014)
  • "Baker's Dozen: 13 Key Contractual Provisions in Negotiating Loan Modification, PSAs and DPO Agreements," client presentation, Washington, D.C. (October 2013)
  • "Small Balance Loans: Maximizing Recovery Through Effective Portfolio Management," Fall 2013 Trigild Lender's Conference, San Diego, California (October 2013)
  • "Lender Liability Trends in 2013: How to Be Aggressive and Not Get Sued," client presentation, Dallas, Texas (June 2013)
  • "Recent Trends in Lender Liability Claims" (March 2013)
  • "Op Op Op Oppan Health Care Style: The Impact of the Enactment of the Patient Protection and Affordable Care Act on Bankruptcy Practice," Cumberland Law Review and Birmingham Bar Association's Bankruptcy and Commercial Law Section's "Fall Symposium on Current Issues in Bankruptcy Law" (October 2012)
  • "Recent Trends in Pursuing Remedies in the Southeast," client training seminar, New York, New York (June 2011)
Press Releases

Financial services chair Timothy Lupinacci is known to be 'very good at dealing with complex bankruptcies,' especially in the healthcare sector. One client praised him for being 'very knowledgeable with local laws, making sure we get through the process, and open and critical to ensure decisions are made.'

Timothy Lupinacci acts for a large number of financial institutions on bankruptcy and restructuring matters especially in the healthcare sector. One source said: 'He's always prepared, is very professional and a person you know will get things done and get them done correctly.'

I just love working with Tim Lupinacci. I learn so much from him. I think he's a great lawyer and an even cooler person. I'm grateful that we have a firm like Baker Donelson that we can go to.

Senior Vice President over the Problem Asset Management Group for a multibank holding company that offers a full spectrum of banking services

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