Timothy J. Conway

Represented a northwest accountant in a personal Chapter 11 reorganization. The accountant held interests in various business entities and had litigation pending against him for numerous claims including investment fraud. The firm assisted in resolving the litigation claims, retaining his accountancy license, and confirming a Chapter 11 plan restructuring his debts while retaining all of his interests in the business entities, even over the objection of other LLC members. The Plan was one of the first individual Chapter 11 plans confirmed in the state of Washington following the Bankruptcy Code amendments significantly changing the rules for individual bankruptcy cases.

(Bankr. D. Or.) – Tonkon represented debtor, Stayton SW Assisted Living, L.L.C., and over 700 substantially consolidated affiliates, in a Chapter 11 proceeding that resulted in a confirmed Plan of Reorganization. The biggest and most complex bankruptcy case ever filed in the Pacific Northwest, the consolidation, restructuring and $1.2 billion sale involving over 700 of Sunwest entities demanded legal expertise in bankruptcy, securities, tax, real estate, corporate governance, litigation, mergers and acquisitions, regulated industries and commercial transactions. Al Kennedy and Tim Conway worked with a team of Tonkon lawyers and paralegals who developed and executed a complex resolution that restructured obligations owing to over 90 secured lenders, sold 146 seniors housing facilities (including approximately 1,200 tenant-in-common interests held by investors), and resulted in distributions to creditors and investors exceeding 100% of their claims.

(Bankr. D. Or.) — On behalf of the Tort Claimants’ Committee, Al Kennedy and Tim Conway worked with a team of Tonkon lawyers in the first-ever bankruptcy filing by a Catholic Archdiocese. Tonkon successfully navigated numerous issues of first impression arising from the intersection of real estate, corporate, constitutional, bankruptcy, charitable trust, and religious institutions law. All claimants were paid in full, with interest, after each claim was individually mediated.

(Bankr. D. Or.) – With the bursting of the real estate bubble in 2008/09, developer Randy Sebastian and Renaissance Homes turned to Al Kennedy and Tim Conway to find a path through bankruptcy. Tonkon represented the company in its Chapter 11 case which resulted in the recapitalization of the company and its continuation as Oregon's premier home builder.

(Bankr. D. Or.) – HemCon Medical Technologies, Inc. develops, manufactures, and sells a line of wound care products throughout the world. When faced with a disastrous patent infringement judgment, HemCon turned to Tonkon to represent it in its Chapter 11 bankruptcy case. Through its bankruptcy case, HemCon was able to sell certain non-core product lines, attract new equity investment, restructure its secured and unsecured debt, including the judgment debt, and emerge from bankruptcy as a viable, operating recapitalized business.

Tonkon represented Miles Stover, the court appointed general receiver for Christensen Shipyards, Ltd. CSL is the premier manufacturer of 50 meter composite fiberglass motor yachts in the U.S. The sale price of the yachts is in the range of $34 million. Mr. Stover was appointed and retained Tonkon on March 20, 2015. Virtually all employees at the shipyard had been laid off and all operations had ceased. Three yachts were in process. We assisted the Receiver in negotiating financing facilities with each of the yacht purchasers that enabled the shipyard to bring back approximately 140 employees and restore operations. Subsequently, we assisted  the Receiver in the sale of the shipyard to Christensen Shipyards LLC, an entity formed by the yacht purchasers. Thereafter we represented the Receiver in a lawsuit asserting claims against insiders and affiliates and seeking recovery of fraudulent conveyances. Following the sale and the settlement of the lawsuit, the Receiver paid the claims of secured and priority creditors in full and the claims of unsecured creditors in excess of 70%.

(Bankr. D. Or.) – Columbia Aircraft Manufacturing Corporation designed and manufactured single-engine, composite airplanes that were rated as the world's fastest production model piston aircraft. Tonkon represented Columbia Aircraft Manufacturing in its Chapter 11 bankruptcy case that resulted in the sale of the company to Cessna Aircraft and subsequent confirmation of the company's Plan of Reorganization.

(Bankr. D. Or.) – Graphic Arts Publishing published books, calendars and other printed material on the subject area of regional history, gardening, photo essay, nature, travel, cooking and children's books under four names: Graphic Arts Books, Westwind Press, Alaska Northwest Books and Alaska Geographic. Tonkon represented the company in its Chapter 11 case that resulted in confirmation of a Plan of Reorganization and recapitalization of the company within nine months of the petition date.

Represented the owner of a shopping center in south-central Oregon, which led to the successful confirmation of a Chapter 11 plan of reorganization over the secured lender's objections. The secured debt, which had fully matured 2 1/2 years prior, was restructured over an additional five-year period with favorable amortization and interest rates.

Represented a shopping center developer and owner in a Chapter 11 proceeding which resulted in a successful confirmed plan of reorganization.

(Bankr. D. Or.) – Wells Fargo Bank relied on Tim Conway and Mike Fletcher to protect its interest as a secured lender when the Blue Heron Paper Company filed for Chapter 11 protection. The Tonkon Torp team negotiated with Blue Heron regarding the use of Wells Fargo's cash collateral and the treatment of the bank’s secured claim.

Represented Meduri Farms in a major debt restructuring, nominated by M&A Advisor as a Restructuring of the Year in the $10MM-50MM category. Meduri Farms is the largest employer in Polk County, Oregon, and a leading global producer of dried fruit ingredients. The debt restructuring preserved the unique nature of this community-based business, allowing it to continue contributing to the character of rural Polk County. The approximately $25 million refinancing package included new capital to strengthen Meduri Farms’ financial position going forward and to facilitate debt repayment to existing lenders.