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Overview

Sean concentrates his practice on commercial/business litigation, secured transactions and creditors’ rights matters. He represents clients in a variety of litigation matters arising in state, district or bankruptcy court. In addition, he manages multi-jurisdictional litigation on behalf of clients across the United States.

Sean helps small and large businesses resolve disputes and maximize the return on their dealings with other individuals and companies. Primarily, he assists his clients with assessing their risks, implementing a plan to manage those risks, and protecting and/or defending his clients’ interests with, or without, litigation.

Experience

  • Successfully representing one of the largest electronic payment companies in the world, and second largest commercial issuer of MasterCard in North America, in multijurisdictional matters, including in the defense of preference and avoidance actions, resolving the disputes, collectively, for less than $0.05% of demand, as well as representing the client’s rights as a creditor in all facets of bankruptcies involving the client’s customers.
  • Successfully representing one of the world’s largest financial services companies in the defense and dismissal, of multiple preference and avoidance actions.
  • Successfully representing one of the world’s largest human resource software companies in multi-jurisdictional matters in both state and federal court.
  • Successfully obtaining the dismissal of multiple lawsuits, including class action, brought against the nation’s leading specialty loan servicing company, for alleged violations of state and federal law.
  • Successfully representing one of the world’s largest lenders in the automobile industry in the pursuit and defense of state, federal and bankruptcy litigation.
  • Successfully obtaining a permanent injunction and monetary damages on behalf of one of the largest home and commercial security providers in the United States against one of its dealers for the dealer’s breach of its non-solicitation and non-compete agreement with the client.
  • Successfully representing banks, credit unions and other financial institutions in all facets of litigation in both federal and state court.
  • Continued collaboration with small businesses and other entrepreneurs as “general counsel” in formulating legal strategies as they grow.

Representative cases include:

  • Cole v. InSouth Bank, 2019 WL 2440082 (W.D. Tenn. June 11, 2019)
  • CUCS Unlimited Contracting Servs., Inc. v. Comdata Inc., 2019 WL 483313 (M.D. Tenn. Feb. 7, 2019)
  • Keen v. Ocwen Loan Servicing, LLC, 2018 WL 4111938 (M.D. Tenn. Aug. 8, 2018)
  • Bourque v. Bank of Am., 2018 WL 1940673 (M.D. Tenn. April 25, 2018)
  • Darby Fin. Prods. v. Animal Crackers Movie, Ltd. (M.D. Tenn. July 11, 2017)
  • Roy v. Kimble Chase Sci. and Research Prods., LLC, 2014 WL 4219612 (E.D. Tenn. Aug. 25, 2014)
  • CBR Funding, LLC v. Jones, 2014 WL 12626321 (W.D. Tenn. May 20, 2014)
  • Harden v. AlliedBarton Sec. Serv., 2013 WL 2467714 (M.D. Tenn. June 7, 2013)
  • GreenBank v. Sterling Ventures, LLC, 2012 WL 6115015 (Tenn. Ct. App. Dec. 7, 2012)
  • Eaton v. Ford Motor Credit Co., LLC, 2012 WL 3579644 (M.D. Tenn. Aug. 17, 2012)
  • Condidorio v. Regions Bank, 2011 WL 1157286 (M.D. Tenn. Feb. 23, 2011)
  • Jahn v. Genesis Merch. Partners, LP, 451 B.R. 437 (Bank. E.D. Tenn. 2011)
  • Luna v. Ford Motor Co., 2008 WL 276484 (M.D. Tenn. Jan. 29, 2008)
  • Estate of Green v. Carthage Gen. Hosp., Inc. 246 S.W.3d 582 (Tenn. Ct. App. 2007)

Professional Recognition and Activities

Awards

  • Best of the Bar Nominee, Litigation and Dispute Resolution, 2017-present, Nashville Business Journal
  • Tennessee Supreme Court, Certificate of Recognition for pro bono service in Tennessee
  • AV© Preeminent Rating, Martindale-Hubbell

Membership

  • Nashville Bar Association
  • Tennessee Bar Association
  • Turnaround Management Association
  • American Bankruptcy Institute
  • Barrister American Inns of Court - Belmont University College of Law, Past Member

 

Community Involvement

  • Belmont University College of Law Inn of Court: Mentor to First-Year Law Students
  • Renewal House: Current Board Member
  • Safe Haven Family Shelter: Current Board Member
  • Monroe Harding: Former Board Member
  • Book ‘Em!: Former Board Member
  • Young Leaders Council, Class 44
  • Volunteer with numerous civic and non-profit organizations including CASA Nashville, Big Brothers of Nashville, Habitat for Humanity of Greater Nashville and Legal Aid Society of Middle Tennessee and the Cumberlands

Insights

  • Presenter, Nashville Chamber of Commerce Business Studio, 2015 - 2017
  • Presenter, "Landlord-Tenant Law, Lease Agreements, Defaults, and Collections", March 2016 
  • Presenter, "Banking Ethics", Southeastern School of Banking and Tennessee Bankers Association
  • Presenter, "Pursuing Deficiency Judgments After a Foreclosure Sale in Light of Greenbank v. Sterling Ventures, LLC", Tennessee Real Estate Law Conference, August 2013
  • Presenter, "Settlement Issues When Bankruptcy is Involved", Tennessee Bar Association

About Sean

Sean, his wife Candice and daughter are active participants in the community and enjoy supporting local businesses and charities. When not working, Sean can usually be found spending time with his family, taking advantage of “Music City U.S.A.” by attending a concert at The Ryman Auditorium, or cheering on, win or lose, his Georgia Bulldogs or Atlanta Braves.

Testimonials

    • I worked extensively with Mr. Kirk as co-counsel on a significant bankruptcy legal matter. Mr. Kirk is an outstanding lawyer.
      Rated by a Partner in Bankruptcy

    • Sean is an excellent lawyer, with wonderful communication skills, and an attention to detail.
      Rated by a Senior Associate in Commercial Litigation

    • I endorse this lawyer. Sean is not only a great litigator, but he's a fantastic creditors' rights attorney. I've personally worked against Sean when I was debtor's counsel. You can count on Sean to reach a business solution that's in his clients' best interests.
      Rated by an Attorney in Bankruptcy

Martindale Hubbell

 

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