Focus Areas
- Represented borrower in successful work-out and settlement of disputed receiver’s credit bid sale to lender of 76-acre “Tri-County Mall” property in Cincinnati suburbs, allowing borrower affiliates to retain the property for re-investment and redevelopment with reduced payoff on $28M debt and release of personal guarantors
- Represented borrower in successful restructuring of debt for multi-use property known as “The Greene” in lender’s foreclosure proceedings
- Represented lender in successful receivership, work-out, and sale of distressed HUD-subsidized multi-family housing project in Memphis, Tennessee through use of complex combined $13M note sale and bridge financing model, allowing for transfer of the property through foreclosure auction
- Represented HEI Hotels & Resorts in its $42 million acquisition of the Westin Cleveland Downtown in a contested receivership sale
- Represented purchaser of mixed-use Brooklyn real estate in the In re Evergreen Holdings bankruptcy case for $506 million, including the negotiation and documentation of over $20 million in bid protections with U.S. and Israeli-based creditor groups
- Successfully resolved disputes over $15 million in secured claims in In re Brooks Brothers Group, Inc. bankruptcy cases related to mortgage perfection, Italian value-added tax guarantees and related letters of credit
- Represented indenture trustee of $103 million of bonds in successful prepackaged chapter 11 proceeding of In re Maxcom Telecomunicaciones, S.A.B. de C.V.
- Represented private equity lender in obtaining $39 million judgment and imposition of receivership for the disposition of collateral, including 500+ residential units
- Represented security agent bank in U.S.-based subsidiary proceedings, In re SmarTV Company, LLC and In re Exceptional Innovation, Inc., of related reorganization proceedings of English and Dutch affiliates in obtaining estate abandonment of collateral
- Successfully defended efforts to impose chapter 11 plan injunction (including related appeal) brought by section 363 asset buyer against counterparties to assumed executory contracts seeking indemnification for post-assumption liabilities for pre-assumption events in In re Armstrong Energy Inc.
- On behalf of secured lender, favorably settled extraterritorial dispute involving competing state court receivers and thereafter assisted lender with credit bid acquisition of $13 million shopping center from the local receiver
- Represented manufacturers in automotive and aerospace industries with distressed suppliers through creative subordinate financing, access agreements, and similar accommodation mechanisms
- Represented secured lender in the Chapter 11 proceedings of a hospital to obtain complete pay off of balances due under letters of credit issued by lender
- Reached successful resolution and pay-off of bank debt for two distressed golf clubs
- As first chair, obtained dismissal of landlord’s Chapter 11 cases on behalf of tenant municipality at contested trial
- Obtained successful settlements in numerous preference and fraudulent transfer cases in various jurisdictions with minimal litigation costs
- Utilized foreclosure process to assist charitable organization acquire land to expand facilities
- Represented lending institutions and trade creditors in contested receivership, foreclosure, and bankruptcy proceedings
- Assisted trade vendor clients obtain “critical vendor” status in customers’ Chapter 11 cases
- Successfully utilized various judgment-creditor remedies, such as garnishment, creditor bills, debtor exams, foreclosure, and other remedies
- Negotiated forbearance and other work-out solutions in various distressed commercial contexts
- Negotiated and documented numerous instruments in lending, consignment, factoring and other financial and real estate transactions
- “Delaware Bankruptcy Court Limits Issuer’s Reimbursement Duty to Indenture Trustee,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, August 2021
- Trigild Deskbook: Guide to Receivership and Foreclosure, (5th, 6th and 7th eds. 2013, 2017 and 2021), contributing author for Ohio Chapter
- “Changes to the Bankruptcy Code Will Favor Small Businesses,” Thompson Hine Business Law Update, Winter 2020
- Co-author, “New Bankruptcy Amendments Lower the Burdens of Preference Actions on Defendants,” Pratt’s Journal of Bankruptcy Law, January 2020
- “New Bankruptcy Amendments Lower the Burdens of Preference Actions on Defendants,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, September 2019
- “Does Conversion From S Corp to C Corp Invite Creditor Risks?” Thompson Hine Business Law Update, Winter 2018
- Co-author, “The Rise of International Standards in the Sale of Goods,” American Bankruptcy Institute Journal, April 2017
- “Foreign Borrower’s Rights in Indenture Ruled Sufficient to Meet Second Circuit’s Controversial Chapter 15 Eligibility Requirement,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, November 2015
- “NY Court Clarifies ‘Foreign Representative’ for Chapter 15 Recognition,” AIRA Journal, Vol. 29. No. 3 (2015); co-authored with William Schrag
- “Ohio Adopts New Receivership Statute,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, January 2015
- “Settling the Municipal Landscape: How Pre-Plan Settlements in Chapter 9 May Sidestep the Traditional Claims-Resolution Process,” American Bankruptcy Institute Journal, May 2013; co-authored with Andrew L. Turscak, Jr. and Curtis L. Tuggle, Re-published in Turnaround Management Association News, July 2013
- “Short Circuited: Section 502(a) May Be Applied to Section 503(b)(9) Administrative Claims,” American Bankruptcy Institute Journal, June 2010; co-authored with Jeremy Campana
- “Supply Chain Solutions: Customer Accommodation,” Dayton Region Manufacturing Association, May 4, 2022
- “Current Dynamics in Supply Chain Restructuring in the United States and Germany,” co-presenter with Holger Leichtle, Görg, TARIG annual meeting, April 28, 2022
- “Bankruptcy Basics for Litigators,” Dayton Bar Association Inn of Court, April 13, 2021
- “Amended Section 547(b): New Requirements, New Defenses,” Strafford Live CLE Webinars, September 1, 2020
- “Introduction to the Small Business Reorganization Act of 2019,” Thomas F. Waldron American Bankruptcy Law Forum, November 19, 2019
- “Non-Consensual Third-Party Releases in Chapter 11 Plans – Practical and Constitutional Questions,” Thomas F. Waldron American Bankruptcy Law Forum, November 2018
- “Franchise Terminations and Franchisor Adequate Protection in Chapter 11,” Thomas F. Waldron American Bankruptcy Law Forum, November 2018
- “Intellectual Property Licenses in Bankruptcy – the Balancing (of) Act(s): Bankruptcy Code vs. Patent Act, Copyright Act & Lanham Act,” Thomas F. Waldron American Bankruptcy Law Forum, November 17, 2015
- “Ohio’s Revised Receivership Laws,” Thompson Hine Client Learning Event, April 2015
- Selected for inclusion in The Best Lawyers in America® 2025 for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
- Selected for inclusion in IFLR 1000, 2020-2024
- Selected to the Ohio Rising Stars list, 2015-2020
- Selected as a Dayton Business Journal Forty Under 40 honoree, 2017
Professional Activities
- Bankruptcy Court for the Southern District of Ohio, Attorney Advisory Committee (Chapter 11 Subcommittee), 2022
- Thomas F. Waldron American Bankruptcy Law Forum, member, 2007 to present; At-Large Trustee, 2017-2019
- American Bankruptcy Institute, member, 2010 to present
Community Activities
- Dayton Society of Natural History, Boonshoft Museum of Discovery; former Associate Board Member; 2015-2019
- Bike Miami Valley, Board Member and Secretary, 2011 to present
- Greater Dayton Volunteer Lawyers Project – volunteer lawyer
Education
- Northwestern University School of Law, J.D., 2007
- Miami University, B.A., 2002,
in History and Philosophy
Bar Admissions
- Ohio
- New York
Court Admissions
- U.S. Bankruptcy Court for the Northern District of Ohio
- U.S. Bankruptcy Court for the Southern District of Ohio
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
- U.S. Court of Appeals for the Sixth Circuit
- IFLR1000 2024 Recognizes Thompson Hine Lawyers and Practices,
Thompson Hine LLP
, September 17, 2024 - IFLR1000 2023 Recognizes Thompson Hine Lawyers and Practices,
Five Practices and Ten Partners Receive Acclaim
, September 19, 2023 - IFLR1000 2022 Recognizes Thompson Hine Lawyers and Practices,
Five Practices and Ten Lawyers Receive Acclaim
, October 17, 2022 - IFLR1000 2021 Recognizes Thompson Hine Lawyers and Practices, January 18, 2022
- Delaware Bankruptcy Court Limits Issuer’s Reimbursement Duty to Indenture Trustee,
Business Restructuring, Creditors’ Rights & Bankruptcy Update
, August 13, 2021 - IFLR1000 2020 Recognizes Thompson Hine Lawyers and Practices,
Four Practices and Nine Lawyers Receive National Acclaim
, January 27, 2021 - Business Law Update – Winter 2020,
Thompson Hine Newsletter
, January 27, 2020 - New Bankruptcy Amendments Lower the Burdens of Preference Actions on Defendant,
Pratt’s Journal of Bankruptcy Law
, January 21, 2020 - New Bankruptcy Amendments Lower Burdens of Preference Action on Defendants,
Business Restructuring, Creditors’ Rights & Bankruptcy Update
, September 20, 2019