Attorneys

Donald W. Mallory,

Member

Professional Experience

Don Mallory’s practice is focused in the areas of insolvency, debtors’ and creditors’ rights, bankruptcy reorganizations, out-of-court workouts, receiverships, financial and organizational corporate restructurings, and complex litigation general corporate law. He has represented debtors, secured lenders, credit unions, trustees and unsecured creditors in proceedings under chapters 7, 11 and 13 of the United States Bankruptcy Code and in state related insolvency proceedings such as Assignments for the Benefit of Creditors. Don prepares filings, schedules, motions, answers, discovery and responses thereto, disclosure statements and plans of reorganization. He has also serves as lead counsel during scheduled hearings and conferences regarding case administration, contested matters, confirmation hearings and adversary proceedings. Don has drafted complaints relating to fraudulent transfers, preferential transfers and non-dischargeability actions and defended clients subject to such claims. He has negotiated and drafted complex contracts, commercial loan documents, leases, SNDA Agreements, non-compete agreements and settlement agreements. He has mediated and negotiated labor disputes, mass tort and environmental claims, represented creditors in the collection of secured and unsecured debts and utilized garnishments, certified judgments, receiverships, foreclosures and replevins to effectuate same, and appeared and argued extensively in different federal and state courts on a wide range of issues including appellate litigation. Don brings to the table exceptional research and writing skills with focus on appellate advocacy. As well, he has provides proactive legal advice relating to corporate law and litigation avoidance to clients’ senior management.

Don is also a Certified Public Accountant (inactive).

Bar Admissions

  • Ohio, 1999
  • Kentucky, 2001
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Eastern District of Kentucky
  • U.S. District Court, Western District of Kentucky
  • U.S. Supreme Court
  • U.S. Tax Court

Education

  • J.D., Salmon P. Chase College of Law, magna cum laude, 1999
  • B.A., University of Cincinnati, 1995

Representative Legal Work

  • Represents debtors, secured lenders, credit unions, trustees, and unsecured creditors in proceedings under Chapters 7, 11 and 13 of the United States Bankruptcy Code and in state related insolvency proceedings such as Assignments for the Benefit of Creditors.
  • Prepares filings, schedules, motions, answers, discovery and responses thereto, disclosure statements, and plans of reorganization.
  • Acts as lead counsel during scheduled hearings and conferences regarding case administration, contested matters, confirmation hearings, and adversary proceedings.
  • Drafts complaints relating to fraudulent transfers, preferential transfers, and non-dischargeability actions, and defends clients subject to such claims.
  • Negotiates and drafts complex contracts, loan documents, leases, SNDA agreements, non-compete agreements, and settlement agreements.
  • Mediates and negotiates labor disputes, mass tort, and environmental claims.
  • Represents creditors in the collection of secured and unsecured debts, and utilized garnishments, certified judgments, receiverships, foreclosures, and replevins to effectuate same.
  • Appears and argues extensively in different federal and state courts on a wide range of issues including appellate litigation.
  • Provides proactive legal advice relating to corporate law and litigation avoidance to clients’ senior management.

Presentations/Articles

  • “Overview of Chapter 15 of the U.S. Bankruptcy Code – Cross Border Insolvencies”, published May 2009

Languages

  • German

Professional Associations

  • Cincinnati Bar Association
  • Kentucky Bar Association
  • Ohio State Bar Association
  • American Bar Association

Honors and Awards

  • Best Lawyers in America, 2017
  • Super Lawyers, 2017

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