Thomas is a partner in the firm’s Birmingham office and is a member of the Bankruptcy & Restructuring and Business Services & Commercial Litigation practice groups. Thomas represents creditors, debtors, bankruptcy trustees, and other commercial litigants in state and federal courts in Alabama and neighboring states. Thomas brings extensive experience to the firm’s bankruptcy practice covering most issues that regularly arise in Chapter 7, Chapter 11, and Chapter 13 cases. In addition to his bankruptcy work, Thomas represents lenders, mortgage servicers, and commercial and residential landlords.

 

ADMISSIONS

  • Alabama

PRACTICE AREAS

  • Bankruptcy & Restructuring
  • Business Services and Commercial Litigation

EDUCATION 

  • The University of Georgia, B.S.Ed., 2004, cum laude
  • The University of Alabama School of Law, J.D., 2010
PROFESSIONAL AND COMMUNITY INVOLVEMENT 
  • Alabama State Bar: Bankruptcy and Commerical Law Section
  • American Bankruptcy Institute: Member, 2011-Present
  • Birmingham Bar Association: Bankruptcy & Commercial Law Section, Executive Committee, 2021-Present
  • Mid-South Commercial Law Institute: Director and Board Member, 2018-2023

AWARDS AND RECOGNITION 

  • Recognized in Chambers USA: Bankruptcy/Restructuring in Alabama
  • Listed in Best Lawyers in America: Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2020-2024
  • Birmingham Business Journal Rising Star of Law, 2019

REPRESENTATIVE EXPERIENCE 

  • Chapter 7 Trustee Representation: Acted as counsel to Chapter 7 Trustee in a converted case involving a large coal company.
  • Section 363 Sale Purchaser Representation: Assisted client in purchasing the assets of a bankrupt IT services business.
  • Fraudulent Transfer Defense: Represented numerous adversary proceeding defendants in lawsuits filed by the Chapter 7 Trustee alleging fraudulent transfers in a large healthcare-related bankruptcy case.
  • Preference Defense: Opposed preference allegations by the Chapter 7 Trustee on behalf of scrap plastic supplier and successfully negotiated an agreed resolution that relied upon the new value defense. 
  • Nondischargeability: Obtained Summary Judgment declaring debts owed to client nondischargeable in a Chapter 7 case.
  • Automatic Stay Litigation/Class Action: Represented unsecured lender in defense of class action lawsuit filed in bankruptcy court. Significant experience defending clients accused of violating the Automatic Stay and Discharge Injunction.
  • Mortgage Lender Litigation: Obtained Summary Judgment as to all claims in a federal lawsuit filed against a mortgage lender.
  • Contested Redemption of Real Property: Obtained Summary Judgment in contested redemption matter and successfully defended the judgment on appeal.
  • Secured Lender Representation: Successfully protected the client’s interest in a 150-foot yacht in a Chapter 11 case and negotiated a favorable payoff.

PUBLICATIONS AND PRESENTATIONS 

  • Speaker, “Discharge and Dischargeability Issues in Consumer Cases,” CLE Alabama, 42nd Annual Bankruptcy Law Update, Nov. 17, 2023
  • Author, “Eleventh Circuit: § 547(c)(4) New Value Should Not Be Reduced by Post-Petition § 502(b)(9)) Claims,” American Bankruptcy Institute, ABI Commercial Fraud Committee Newsletter, October 2022
  • Speaker, “Section 547(c)(4) New Value in the 11th Circuit,” Annual CLE, Bankruptcy & Commercial Law Section of the Birmingham Bar Association, Aug. 26, 2022
  • Author, “Unredeemed Pawned Property and Chapter 13 Plan Confirmation: Must a Pawnbroker Object,” NACTT Quarterly, Vol. 32, No. 3, April/May/June 2020
  • Co-author, “Allowance of Post-Petition Fees Under Rule 3002.1 – An Alabama Controversy,” NACTT Quarterly, Vol. 31, No 3, April/May/June 2019
  • Author, “Revisiting Till v. SCS Credit Corp. – An Argument Against Rigid Application of Till,” NACTT Quarterly, Vol. 30, No. 3, April/May/June 2018
  • Author, “The Evolution of Sanctions Under Rule 3002.1(i)”, NACTT Quarterly, Vol. 20, No. 3, May 23, 2017
  • Co-author, “Hidden Dangers For Mortgage Lenders Lurk In 11 U.S.C. § 1322(b))(9),” NACTT Quarterly, (Vol. 27, No. 3), May 2015