Attorneys
Attorneys

Sean D. Malloy

Member

Practice Focus

Professional Experience

For more than 20 years, Sean has counseled clients on strategic alternatives in distressed business settings. Sean is the chair of the firm’s Creditors’ Committee Practice Group. His creditors’ committee practice involves cases in a wide variety of industries, including manufacturing, healthcare, food, and distribution and covers courts around the country. Another focus of Sean’s practice is advising companies and their boards of directors in business restructurings of all kinds, from out-of-court solutions to chapter 11 reorganizations. His experience in distressed business situations includes recapitalizations, refinancings, mergers and acquisitions, and commercial litigation.

Cases / Matters

Representative Creditor’s Committee Engagements

  • Keywell LLC (Chicago, IL) – Leading supplier of recycled titanium, high temperature alloys, and stainless steel.
  • AFA Foods (Wilmington, DE) – Beef processing company with approximately $1 billion revenue.
  • St. Mary of the Woods (Cleveland, OH) – Continuing care retirement community with independent and assisted living plans and a skilled nursing unit.
  • Barzel Industries (Wilmington, DE) – Steel tubing manufacturer and processor operating in United States and Canada.
  • North Oakland Medical Center (Detroit, MI) – Regional hospital located in Pontiac, Michigan.
  • Huffy Corporation (Dayton, OH) – Leading producer of bicycles and related products.

Representative Debtor Engagements 

  • The Antioch Company (Minneapolis, MN) – Leading memory preservation and scrapbooking company.

  • South Franklin Circle (Cleveland, OH) – Large continuing care retirement community with independent and assisted living plans.
  • Forum Health (Youngstown, OH) – Regional multi-hospital health system with over $600 million revenue.

 

Representative Liquidating Trust and Plan Administrator Engagements 

  • Ideal Electric Company (Canton, OH) – Plan administration and creditor advisory board engagement involving material insider litigation and commercial litigation.
  • James River Coal Company (Nashville, TN) – Liquidating trust engagement arising from Committee role involving lobbying/government regulations, insider litigation, and preferences.
  • Infotelecom LLC (Cleveland, OH) – Liquidating trust engagement involving preferences and claims administration.
  • Huffy Corporation (Dayton, OH) – Liquidating trust engagement involving disposition of assets, ownership and board voting rights in reorganized company, insider litigation, and preferences.
  • Forum Health (Youngstown, OH) – Liquidating trust engagement involving disposition of assets, collection of Medicare/Medicaid underpayments, management of malpractice litigation claims, and winddown of foreign captive insurance company.

Other Engagements

  • U.S. Concrete (Creditors’ Committee – Wilmington, DE)
  • FormTech Industries (Creditors’ Committee and Liquidating Trust – Wilmington, DE)
  • Republic Technologies (Debtor – Akron, OH)
  • Waco Equipment Co. ( Creditors’ Committee – Cleveland, OH)
  • Amcast Industrial (Creditors’ Committee and Liquidating Trust – Dayton, OH)
  • Hydraulic Technologies (Debtor – Canton, OH)
  • Federal Forge (Creditors’ Committee – Grand Rapids, MI)
  • ProCare Automotive (Creditors’ Committee and Liquidating Trust – Cleveland, OH)
  • DT Industries (Creditors’ Committee – Dayton, OH)
  • Cold Metal Products (Creditors’ Committee – Akron, OH)
  • DeVlieg Bullard II (Debtor – Wilmington, DE)
  • American Paper (Creditors’ Committee – Youngstown, OH)
  • Gliatech, Inc. (Debtor – Cleveland, OH)
  • Medina Glass Block (Creditors’ Committee – Cleveland, OH)

Education

  • University of Virginia School of Law, J.D. (1993)
  • University of Miami, B.A., cum laude, Phi Beta Kappa (1990)

State Admissions

  • Illinois
  • Ohio

Court Admissions

  • U.S. District Courts for the Northern and Southern Districts of Ohio¬†
  • U.S. District Court for the Northern District of Illinois¬†
  • U.S. District Court for the Western District of Michigan

Professional Associations

  • American Bankruptcy Institute
  • Turnaround Management Association
  • Cleveland Metropolitan Bar Association

Publications

Presentations

  • “18th Annual Central States Bankruptcy Workshop,” American Bankruptcy Institute, Traverse City, Michigan, June 2011
  • “Bankruptcy Basics and the Revisions to the Bankruptcy Code,” Flat Rolled Steel Credit Group Educational Meeting, Cleveland, Ohio, August 2005
  • “Bankruptcy Nuts and Bolts,” American Bankruptcy Institute Annual Meeting, Washington, D.C., April 2005

Awards and Honors

  • Selected for inclusion in Ohio Super Lawyers (2010-2014) 
  • Selected for inclusion in Ohio Rising Stars (2005-2007)
  • Named one of the Best Lawyers in America (2012-2015)
  • Named leader in Ohio Bankruptcy/Restructuring - Chambers USA (2012-2014)
Phone
216-348-5436
FAX
216-348-5474
Locations
  • 600 Superior Avenue, East
    Suite 2100
    Cleveland, OH 44114