Overview

Jon is a partner in the firm's Business Restructuring, Creditors' Rights & Bankruptcy practice group. He focuses his practice on parties’ rights and remedies under the Uniform Commercial Code, Bankruptcy Code and state law in and out of court. Jon also assists buyers, sellers, and lenders in transactions, frequently involving distressed situations and in offensive and defensive litigation involving fraudulent transfer statutes under state law and the Bankruptcy Code. Jon is admitted to practice law in the state of Ohio, the state of New York and the Federal District and Bankruptcy Courts in the Northern and Southern District of Ohio.

Experience
  • Successfully resolved disputes on behalf of secured creditor in In re Brooks Brothers Group, Inc. bankruptcy cases involving mortgage perfection issues and obligations related to the secured creditor’s Italian value-added tax guarantees and letters of credit
  • Represented indenture trustee in successful prepackaged chapter 11 proceeding of In re Maxcom Telecomunicaciones, S.A.B. de C.V.
  • Represented security agent bank in U.S.-based subsidiary proceedings, In re SmarTV Company, LLC and 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 proceedings 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
  • "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, 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

  • Dayton Bar Association - Member
  • Thomas F. Waldron American Bankruptcy Law Forum – Member, 2007 to present; At-Large Trustee, 2017-2019
  • American Bar Association - Member
  • American Bankruptcy Institute - Member
  • Federal Bar Association - Member

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