Overview

Jon assists his business clients to manage and capitalize on situations involving financial distress, insolvency and bankruptcy inside and outside the courtroom. Whether the client’s objective is the strategic acquisition of valuable assets from a bankruptcy estate, the defense of fraudulent transfer or preference litigation resulting from pre-bankruptcy transactions, or the documentation of customer-backed financial accommodations to a critical supplier in a distressed supply chain, Jon brings his client-focused and results-oriented approach to finding cost effective and creative solutions to achieve client objectives. In particular, Jon has extensive experience in representing lenders, unsecured creditors and asset purchasers in all phases of state and federal receivership proceedings.

Jon works closely with the Transatlantic Restructuring and Insolvency Group (TARIG), a referral network of cross-border restructuring attorneys located throughout Europe and North and South America, to assist U.S.-based clients identify legal solutions for their foreign restructuring needs and to assist foreign clients address challenges faced by insolvency proceedings in the U.S. (main and ancillary).

Experience
  • 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
Publications
Presentations
  • "Auto Sector – Supply Chain Restructuring Alternatives," joint presentation with Holger Leichtle of Görg to the members of the Transatlantic Restructuring and Insolvency Group, Berlin, Germany, April 28, 2022
  • "Avoidance Actions: Circuit Splits on Key Issues," Strafford Webinar, March 9, 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
Distinctions
  • Selected for inclusion in IFLR 1000, 2020-2021
  • Selected to the Ohio Rising Stars list, 2015-2020
  • Selected as a Dayton Business Journal Forty Under 40 honoree, 2017

 

Professional and Civic

Professional Activities

  • 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
News
Events