Partner

Bankruptcy; Loan Restructuring & Workouts

O: (617) 880-3461

F: (617) 692-3461

About Macken

Macken concentrates her practice on bankruptcy and business restructuring, creditors’ rights, and commercial law.  She represents individual and corporate debtors in Chapter 11 proceedings and advises management of debtor companies on business and legal issues, including pre-bankruptcy workout matters and reporting requirements.  She also represents bankruptcy trustees, secured and unsecured creditors, lenders, commercial landlords, plan funders, institutional investors, and buyers in bankruptcy proceedings. In 2016, Macken was appointed by the United States Trustee’s Office and the United States Bankruptcy Court as a Chapter 11 Bankruptcy Examiner. She has also represented clients with respect to various commercial agreements, corporate issues, creditor issues and disputes, and contract matters.

In addition, Macken has experience in the representation of lending institutions and borrowers in the structuring, negotiation and documentation of financing transactions, including debtor-in-possession financing, asset-based transactions, unsecured loans, intercreditor transactions, and other general commercial financing. Her experience includes structured financing and asset securitization transactions. Macken also supports impact investing and represents social impact lenders and financial institutions.

Prior to joining Riemer & Braunstein, Macken served as a law clerk to the Honorable Henry J. Boroff of the United States Bankruptcy Court for the District of Massachusetts (1999-2001).

Awards & Honors

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Macken received a 2022 Ida B. Wells Award from Massachusetts Black Women Attorneys. This award honors the accomplishments of trailblazing Black women attorneys.

In The News

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  • Subchapter V relief for small business debtors – Small business debtor confirmed Chapter 11 Reorganization Plan under Subchapter V in Massachusetts. Macken Toussaint, counsel for the debtor, discusses Subchapter V in this news alert.
    Riemer & Braunstein News Alert, January 13, 2021
  • The new CARES Act and Bankruptcy – Riemer & Braunstein’s Macken Toussaint discussed how the new CARES Act provides temporary debt limit increase for “Small Businesses” to restructure debts under Subchapter V of Chapter 11 (among other amendments to the Bankruptcy Code).
    Riemer & Braunstein News Alert, April 3, 2020

Speaking Engagements

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Presenter: Restructurings & Workouts for Business Lawyers, MCLE, October 2023

Presenter: Northeast Bankruptcy Conference & Consumer Forum – Subchapter V Demystified, July 2021

Presenter: Boston Women in Finance, What You Need to Know About The CARES Act – The Small Business Reorganization Act of 2019 (the “SBRA”), May 2020

Presenter: Bankruptcy Law: MCLE Basics Plus – The Creditor’s Perspective in a Bankruptcy Case, October 2018

Author and Presenter: 28th Annual Bankruptcy Court Bench Meets Bar Conference, Sale of Real Estate Under Section 363(f) Free and Clear of Leasehold Interests: What About the Tenant’s Rights Under Section 365(h)?, May 2018

Author and Presenter: Employee Related Issues in Bankruptcy – Claims and Benefits, Obligations, and Liabilities, MCLE 14th Annual New England Bankruptcy Law Conference, 2015

Author and Presenter: 16th Annual Bankruptcy Court Bench Meets Bar Conference, Sovereign Immunity in Bankruptcy Cases, May 2006

Professional Engagements

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Macken is serving on the advisory committee for the American Bankruptcy Institute (ABI)
Northeast Bankruptcy Conference (Jan. 2023 to Present).

Macken is a member of the Local Rules Advisory Committee (2020 to Present), and the Diversity Initiative Task Force for the U.S. Bankruptcy Court, District of Massachusetts.

Macken served as a co-chair of the Boston Bar Association Bankruptcy Section (2019 to 2021). She previously served as a co-chair for the Membership Committee and the Communications Committee. She is a member of the Bankruptcy Section Steering Committee.

Macken served on the panel appointed by the First Circuit Court of Appeals to select bankruptcy judges (2019).

Macken served as the President for Boston Women in Finance (2015 and 2016). She previously served as the Clerk/ Secretary. She is a member of the Advisory Board.

Macken was appointed as a Commissioner to the State Ballot Law Commission (2016 – Jan. 2023).

Publications

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Author: “Executory Contract And Unexpired Leases: An Overview Of Section 365 Of The Bankruptcy Code,” a chapter in Bankruptcy Practice in Massachusetts (MCLE, Inc. 2nd ed. 2022)

Author and Presenter: 28th Annual Bankruptcy Court Bench Meets Bar Conference, Sale of Real Estate Under Section 363(f) Free and Clear of Leasehold Interests: What About the Tenant’s Rights Under Section 365(h)?, May 2018

Author and Presenter: Employee Related Issues in Bankruptcy – Claims and Benefits, Obligations, and Liabilities, MCLE 14th Annual New England Bankruptcy Law Conference, 2015

Author and Presenter: 16th Annual Bankruptcy Court Bench Meets Bar Conference, Sovereign Immunity in Bankruptcy Cases, May 2006

Co-author: Environmental Issues in United States Bankruptcy Proceedings, International Bar Association, Restructuring Among the Ruins Conference, May 2006

Co-author: Ethical Issues in the Retention of Professionals, ABI Northeast Bankruptcy Conference, July 2004

Co-author: Multi-Country Insolvencies: Practical and Legal Issues and the Model Law, MCLE Bankruptcy Law Conference, October 2002

Affiliations

  • American Bankruptcy Institute: Advisory Board, ABI Northeast Bankruptcy Conference (Jan.
    2023 to Present); Member
  • Boston Bar Association: Co-Chair, Bankruptcy Law Section (September 2019 to August 2021); Bankruptcy Section Steering Committee (September 2021 to Present); Member
  • Boston Women in Finance: President (2015 and 2016); Advisory Board Member (2016 to Present); Member
  • Massachusetts Bar Association: Member

Admissions

Commonwealth of Massachusetts
State of New York
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York

Education

Northeastern University School of Law, J.D., 1999
Suffolk University Sawyer Business School, M.B.A. 2011
Northeastern University, B.A., magna cum laude, 1996