Overview

Sean is a partner in the firm’s Business Restructuring, Creditors’ Rights & Bankruptcy practice group. He focuses his practice on bankruptcy reorganization and litigation, creditors’ rights, loan restructuring and workouts, foreclosure, and commercial and real estate litigation. Sean represents lenders, corporations, creditors’ committees, trustees, individual creditors, lessors, lessees, debtors and landlords, both inside and outside of bankruptcy. He has broad experience in federal, state and bankruptcy courts throughout the United States.

Sean also concentrates his practice on defending lenders and mortgage servicers in actions brought by borrowers asserting mortgage-related claims, including allegations of wrongful foreclosure, Real Estate Settlement Procedures Act (RESPA) violations, Truth in Lending Act (TILA) violations, slander to title and state mortgage statute violations.

Sean began his legal career as an associate at Thompson Hine in 2001 and was responsible for expanding the firm’s bankruptcy and restructuring practice to Atlanta and the Southeast in 2007. He left the firm in 2010 to join the Atlanta office of an Am Law Global 100 firm, where he remained until rejoining Thompson Hine in 2019.

Experience
  • 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.
Publications
  • “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
Presentations
  • 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
Distinctions
  • Selected to Georgia Super Lawyers® Rising Stars, 2011-2014
Professional and Civic

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
News