Thomas Tillman McClendon
Tom focuses his practice on representing all parties in Chapter 11 reorganizations and other bankruptcy cases, corporate workouts, and general business litigation.
Tom represents small businesses and individuals in their Chapter 11 and Subchapter V reorganizations. He has obtained confirmed plans of reorganization on behalf of businesses in many different industries such as construction, trucking, retail, and real estate, as well as for individuals with debt related to such businesses.
Tom is proud to have obtained for his client what appears to be the first confirmed Subchapter V plan of reorganization in Georgia shortly after Congress added Subchapter V to the Bankruptcy Code in 2020.
Tom also represents creditors in Chapter 7 and 11 bankruptcy cases, ranging from secured creditors, such as banks and other lenders, to trade creditors holding unsecured claims, to landlords and others needing relief from the automatic stay. He has represented creditors in the largest cases with thousands of creditors and millions in debt down to the smallest cases with a handful of creditors and limited debt. In each case, Tom advises his clients on their opportunities for recovery and risks, and navigates the case's progression in a cost-effective way while effectively advocating the client's interest.
Tom has no shortage of experience litigating interesting and complex issues under bankruptcy law and negotiating out-of-court workouts. Some of the successful result for his clients Tom has obtained are:
- In re Cristian Liquors, Case No. 20-40499-bem (first confirmed Subchapter V Plan of Reorganization in Georgia).
- Gordon v. Webster, 629 B.R. 654 (Bankr. N.D. Ga. 2021) (trustee asserted ability to avoid transfers up to ten years old under the "golden creditor" rule and claims of reverse veil piercing; case voluntarily dismissed with prejudice after motion to dismiss partially granted).
- Tom advised a physicians' practice through an out-of-court workout for nearly two years, including negotiating consensual settlements in four substantial creditor or shareholder disputes.
Prior to joining Jones & Walden, Tom clerked for the Hon. Robert G. Mayer of the Bankruptcy Court for the Eastern District of Virginia. He also worked for a business boutique firm in Macon, Georgia and an AmLaw 100 firm in Atlanta.
Tom graduated magna cum laude from Washington and Lee School of Law in 2013. During law school, Tom was on the Washington and Lee Law Review, where he worked as lead articles editor, and received the American Bankruptcy Institute Medal of Excellence. Prior to law school, Tom attended Auburn University, where he graduated in 2010 summa cum laude with a degree in history while attending (almost) every football game at JordanHare.
Areas of Practice
- Chapter 11 Bankruptcy
- Creditors Rights
- Commercial Litigation
- Commercial Business Sales/Transactions
- U.S. Court of Appeals 11th Circuit
- U.S. District Court Northern District of Georgia
- U.S. District Court Middle District of Georgia
- U.S. District Court Southern District of Georgia
- Washington and Lee University School of Law, Lexington, Virginia
- J.D. - 2013
- Honors: magna cum laude
- Honors: American Bankruptcy Institute Medal of Excellence
- Auburn University
- B.A. - 2010
- Honors: summa cum laude
- Honors: Phi Beta Kappa
- Honors: Honors College Ambassador
- Major: History
- David L. Bury & Thomas T. McClendon, Planning for the Unexpected: Drafting Operating Agreements to Protect LLC Members from Another Member’s Bankruptcy, 72(4) BUSINESS LAWYER 981 (2017).
- Note, The Power of a Suggestion: The Use of Forum Selection Clauses by Delaware Corporations, 69 WASH. & LEE L. REV. 2067 (2012).
Professional Associations and Memberships
- W. Homer Drake, Jr. Georgia Bankruptcy American Inn of Court
Past Employment Positions
- Nelson Mullins Riley & Scarborough, LLP
- Stone & Baxter, LLP