Focus Areas
- Recovered in excess of $17 million on behalf of liquidating trust in Chapter 11 case involving litigation against plan sponsor in the U.S. Bankruptcy Court for the District of Delaware.
- Handled multiple high-profile, multimillion-dollar distressed commercial real estate loan workout matters for national banking association in Georgia, North Carolina, and metro Atlanta area.
- Represented national banking association and prepetition secured lender in Chapter 11 proceedings pending in the Middle District of Florida relating to multimillion-dollar debtor-in-possession financing and real estate asset sales pursuant to Section 363 of the Bankruptcy Code.
- Obtained foreclosure confirmation orders pursuant to Georgia law in numerous highly contested foreclosure confirmation proceedings for multiple lenders across Georgia.
- Defended international supplier in product-related litigation brought by nutraceutical manufacturer in the District of Rhode Island.
- Defended multiple wrongful foreclosure and lender liability litigation matters across the United States for various mortgage servicers and lenders.
- Represented national banking association in Chapter 7 multimillion-dollar liquidation proceedings filed by recreational vehicle dealer. Handled all aspects of UCC disposition of vehicle inventory and other assets, all phases of bankruptcy and stay relief proceedings, and subsequent deficiency proceedings.
- Represented limited liability company and commercial landlord in lease rejection and administrative claim proceedings in the Northern District of Georgia.
- Represented lender to protect its blanket inventory lien in federal receivership proceeding in the Northern District of Georgia.
- Commenced and prosecuted federal court receivership on behalf of lender against self-storage company in the Middle District of Georgia.
- Represented corporation in various bankruptcy litigation against debtor concerning intellectual property, licensing and source code rights in the Northern District of Georgia.
- Represented a national chemical company in Chapter 11 proceedings involving an estimated $200 million in assets.
- Represented official committee of unsecured creditors in Chapter 11 proceedings in the Western District of Texas involving insolvent garbage collection company.
- Represented supplier of automotive wheels and component parts in Chapter 11 proceedings in the Southern District of Ohio.
- Represented pension trustee for Chapter 11 debtor’s pension plan in the Northern District of Ohio.
- Represented a Chapter 7 trustee in a Sixth Circuit Bankruptcy Appellate Panel proceeding, which led to affirmation of bankruptcy court’s judgment in favor of trustee and Panel’s reaffirmation of doctrine of derivative standing.
- Represented lender in Chapter 7 liquidation proceeding filed by retail clothing business and dealer. Obtained dismissal of bankruptcy case on behalf of bank and obtained judgment against borrower and guarantor in subsequent deficiency proceedings.
- Successfully defended $1.4 million bankruptcy preference action against specialty adhesive base materials manufacturer in the Eastern District of Michigan.
- Asserted reclamation and administrative claim rights on behalf of acid and chemical supplier in the District of Delaware.
- Commenced replevin and breach of contract action in Ohio resulting in repossession of collateral and jury verdict in favor of heavy construction equipment financier.
- “Colorado Bankruptcy Judge Kicks Cannabis Debtor Out of Court,” Thompson Hine Cannabis Practice Update, January 2021
- “Consolidated Appropriations Act, 2021: Implications for Business,” Thompson Hine COVID-19 Update, December 30, 2020
- “New COVID-19 Relief Package Provides Additional Pandemic Bankruptcy Protections,” Thompson Hine COVID-19 Update, December 2020
- “‘You’ Really Means ‘You’: Ohio Supreme Court Reaffirms Contract Interpretation Principles for Cognovit Notes,” Thompson Hine Business Restructuring, Creditors’ Rights & Bankruptcy Update, December 2020
- “3 Bankruptcy Rulings Highlight Barriers For Pot-Adjacent Cos.,” Law360, November 5, 2020
- “Risk Mitigation in Supply Chain Contracts: Critical Vendor, Reclamation and Pipeline Claims,” Thompson Hine COVID-19 Update, May 2020
- “Risk Mitigation in Supply Chain Contracts: Consigned Goods,” Thompson Hine COVID-19 Update, May 2020
- “Risk Mitigation in Supply Chain Contracts: Termination, Credit and Insurance Terms,” Thompson Hine COVID-19 Update, May 2020
- “Risk Mitigation in Supply Chain Contracts: Protections for Failure to Perform,” Thompson Hine COVID-19 Update, May 2020
- “The Ninth Circuit Ruling in Bourne Valley Court Trust v. Wells Fargo Bank, NA,” Financial Services Observer, August 2016
- “The Case for Derivative Standing in Chapter 11: ‘It’s the Plain Meaning, Stupid,’” 11 Am. Bankr. Inst. L. Rev. 313 (lead article), American Bankruptcy Institute Law Review, Winter 2003
- Co-presenter, “Legal Issues Impacting the Cannabis Industry,” Thompson Hine webinar, April 29, 2021
- Co-presenter, “Mitigating Supply Agreement Risks: Structuring Defense, Indemnity, and Insurance Provisions, Allocating Liability Between Manufacturers, Suppliers, and End Sellers; Maximizing Insurance Coverage for Losses,” Strafford Webinar, February 16, 2021
- “Bankruptcy Primer and Strategies,” Rossdale CLE Seminar, June 2020
- Best Practices for Contract Negotiation, French-American Chamber of Commerce, Atlanta, 2017
- “The Questions to Ask if Your Customer, Client, Lessee or Business Partner Files Bankruptcy,” Business Law Institute, Atlanta, 2009
- Selected to Georgia Super Lawyers® Rising Stars, 2011-2014
Professional Associations
- American Bankruptcy Institute
- Atlanta Bar Association, Bankruptcy Section
- Turnaround Management Association, Atlanta Chapter
Community Activities
- French-American Chamber of Commerce, board member
- The Japan-America Society of Georgia, board member
Education
- Case Western Reserve University School of Law, J.D., 2001, cum laude
- University of Florida, B.A., 1996
- University of Florida, B.S., 1996
Bar Admissions
- Georgia
- Ohio
- Texas
Languages
- Japanese
- Colorado Bankruptcy Judge Kicks Cannabis Debtor Out of Court,
Cannabis Practice Update
, January 19, 2021 - Consolidated Appropriations Act, 2021: Implications for Business,
COVID-19 Update
, December 30, 2020 - New COVID-19 Relief Package Provides Additional Pandemic Bankruptcy Protections,
COVID-19 Update
, December 28, 2020 - Ohio Supreme Court Reaffirms Contract Interpretation Principles for Cognovit Notes,
Business Restructuring, Creditors’ Rights & Bankruptcy Update
, December 14, 2020 - 3 Bankruptcy Rulings Highlight Barriers For Pot-Adjacent Cos.,
Law360
, November 9, 2020 - Risk Mitigation in Supply Chain Contracts: Critical Vendor, Reclamation and Pipeline Claims,
COVID-19 Update
, May 26, 2020 - Risk Mitigation in Supply Chain Contracts: Consigned Goods,
COVID-19 Update
, May 20, 2020 - Risk Mitigation in Supply Chain Contracts: Termination, Credit and Insurance Terms,
COVID-19 Update
, May 13, 2020 - Risk Mitigation in Supply Chain Contracts: Protections for Failure to Perform,
COVID-19 Update
, May 11, 2020 - Sean Gordon Returns to Thompson Hine’s Atlanta Office as Partner,
–Thompson Hine LLP
, July 29, 2019