Practice Areas: Bankruptcy, Business Litigation, Business & Corporate; view more
Licensed in Georgia since: 1993
Education: Emory University School of Law
Selected to Super Lawyers: 2017 - 2018 Call today:
404-584-1222
Macey, Wilensky & Hennings, LLP
5500 Interstate Parkway NorthSuite 435
Atlanta, GA 30328 Visit website
Details
Todd E. Hennings is a partner at Macey, Wilensky & Hennings LLP. He has focused his practice on business bankruptcies, negotiations, turnaround work and associated litigation. He is regularly appointed as a trustee in business reorganization cases. Mr. Hennings represents clients all over the states of Georgia, Tennessee and Colorado concerning business and commercial litigation, bankruptcy cases, bankruptcy related litigation and reorganization of businesses in and out of the Bankruptcy Court.
Practice areas
Bankruptcy: Business, Business Litigation, Business/Corporate, Creditor Debtor Rights: Consumer, Entertainment & Sports, Tax: ConsumerFocus areas
Bankruptcy Law
- 40% Bankruptcy: Business
- 20% Business Litigation
- 10% Business/Corporate
- 10% Creditor Debtor Rights: Consumer
- 10% Entertainment & Sports
- 10% Tax: Consumer
First Admitted: 1993, Georgia
Professional Webpage: https://maceywilensky.com/attorney-profiles/todd-e-hennings/
Representative Clients:
- I have represented a variety of lenders, debtors, trustees, banks, credit unions, mortgage companies and leasing companies, including (but not limited to) Georgia Credit Union League, Inc.; Georgia's Own Credit Union; Concord Commercial Corp.; SunTrust Bank; Emory University; W.C. Caye and Co., Inc.; Lockheed Georgia Employees Credit Union; Georgia Higher Education Assistance Corporation; Southern Electronic Distributors; U.S. Food Service, Inc.; General Electric Capital Corp.; G.E. Customized Auto Credit Services, Inc.; G.E. Capital Auto Leasing, Inc.; BWS-Georgia; Atlantic States Bank; Fidelity National Bank; Amerus Bank; Chase Manhattan Mortgage Corporation; Homesense Financial Corp.; Ocwen Federal Bank, FSB; Farm & Home Life Insurance Company; United Americas Bankshares, Inc.; Chastain Properties; Suite One Hotels, LLC; MCI WorldCom; Harland Financial Solutions; Chattahoochee National Bank; First Citizens Bank; Washington Mutual Bank, F.A.; Wells Fargo Leasing Corp.; Jasper Banking Co.; Community Bank of Pickins County; Salomon Smith Barney; Capital One Bank; Futurus Bank; Vanderbilt Mortgage & Finance, Inc
Verdicts/Settlements (Case Results):
- Galey & Lord, Inc. Represent a Dutch corporation and its US subsidiary against preference claims in an adversary proceeding brought by the trustee. Gross preference claim is in the amount of approximately $600,000.00. The matter was resolved by settlement payment at a small fraction of the demand
- Bauer Agency, Inc. Represent insurance finance company as petitioning creditor in a successful involuntary Chapter 7 bankruptcy petition, as well as the appointed Chapter 7 trustee in subsequent litigation. Debtor operated as a Ponzi scheme. Collected records and with the assistance of forensic accountants recreated transactions. Prosecuted approximately 20 lawsuits seeking recovery of funds paid out in the Ponzi scheme for the benefit of creditors. Negotiated settlements with substantially all defendants resulting in funds available to creditors
- Flooring America, Inc., et. al. Represented trustee in this Chapter 11 bankruptcy estate, which had pre-petition revenues of several hundred million dollars and over three hundred retail locations. Handled numerous claim priority disputes, asset sales, reclamation actions and a preference action against over sixty bondholders. Oversaw lawsuit in the original amount of $35,000,000.00 involving the Depository Trust Corporation and the debtor's transactions with a group of bondholders prior to the bankruptcy case being filed. Settlement of this lawsuit enabled the bankruptcy estate to confirm a plan of reorganization and make payments to the estate’s creditors
- Nationwide Warehouse and Storage, L.L.C. Represent several defendants in preference actions brought by the trustee for this bankruptcy estate. All actions settled on very advantageous terms for the client and at a small fraction of the amounts stated in the complaints
- Phoenix Water and Sewer, Inc. Represent largest lender in this bankruptcy case, with claims of approximately $1,500,000.00 secured by real estate, equipment and accounts. The debtor was a construction company operating in northern Georgia. Negotiated budgets and limitations on the debtor’s use of cash and collateral, monitored the debtor’s performance and caused the case to be converted to Chapter 7 and a trustee appointed when uncovered the diversion of estate funds and misappropriation of accounts
- Prime Technology Group I, LLC and Gees Mill Supply, Inc. Represent debtors in administratively consolidated cases of two industrial supply companies. The case involved in intensive litigation with a purported creditor defending allegations of fraudulent conveyances and a request for substantive consolidation. Represented the debtor in all matters pertaining to the reorganization, including cash collateral, post-petition financing and defense of lawsuits over the debtor's accounts receivable. Negotiated a resolution to all disputes allowing the debtor to operate
- Summit United Services, L.L.C. Represent regional music and movie wholesaler in a liquidating Chapter 11 case. Oversaw litigation with primary customer of debtor concerning ownership of assets and payment of monies owed for services and product located in dozens of stores across the midwest. Investigated the debtor’s pre-filing transactions in order to determine the cause of the debtor’s financial demise and brought appropriate lawsuits. Obtained a confirmed plan of reorganization as a result of the successful litigation, and paid out a one hundred percent distribution to creditors with money left over for distribution to equity
- Island Cove Marina, L.L.C. Represented the debtor in possession in this Chapter 11 bankruptcy of a marina located in Chattanooga, TN. The marina had suffered from significant mismanagement, eventually leading to criminal prosecution of the offending party and a prison sentence. Assisted the marina in its efforts to unravel the financial knot it was in, and represented the marina in litigation concerning the various priorities and interests of financial institutions in the marina’s property. The resolution of this litigation and sale of the marina’s assets enabled the marina to confirm a plan of reorganization and make a distribution of funds to the marina’s creditors
- Oil South, Inc. and Sadler Oil Company, Inc. Represented debtors in these Chapter 11 bankruptcies of wholesale and retail petroleum supply companies. There were numerous disputes, and lawsuits, involving the debtors’ suppliers, including both Texaco and Exxon. Due to price fluctuations in the market, the debtors were forced to shut down. Despite closure of the businesses, managed to sell the assets of one of the debtor companies, and the second was handed to a trustee for liquidation
- Alliance Resource Management, Inc. Represent several creditors engaged in transactions with the debtor totaling approximately $4,100,000.00. This Chapter 7 debtor had operations consistent with a Ponzi scheme. Defended the clients from actions filed by the trustee and other creditors. Clients paid settlements resolving the litigation at approximately 10% of the gross claims
- Tanner Family, LLC d/b/a Chapter 11 Bookstores Represent debtor in Chapter 11 bankruptcy. Engaged in efforts to accomplish a turnaround of a financially troubled chain of bookstores. Working with financial advisers, the primary lender and the creditors committee, closed unprofitable stores, reduce overhead and come up with a viable plan of reorganization. Due to change in market conditions, the debtor was unable to reorganize and oversaw the liquidation of the estate assets and conversion of the case to one under Chapter 7 of the United States Bankruptcy Code
- Ampac Acquisition Corporation, Inc. and Printmasters Acquisition Corporation, Inc. Represented trustee in these Chapter 11 bankruptcies, defending reclamation lawsuits and prosecuting over sixty preference actions ranging from $10,000.00 to $1,200,000.00. Oversaw these cases and supervised the efforts of staff throughout the litigation
- Data Transit International, Inc. Represent defendant in preference action brought by the trustee for this bankruptcy estate. The preference action was in the amount of approximately $500,000.00. Through successful exploitation of procedural and statute of limitations issues, prevented subsequent amendments to the complaint greatly increasing the amount of the demand. Settled the matter on very advantageous terms for the client in an amount far below the gross potential liability
Educational Background:
- Vanderbilt University, B.A. in Political Science and Philosophy, 1990
Honors/Awards:
- Law Clerk to Hon. Margaret Murphy, United States Bankruptcy Court Northern District of Georgia, 1993
- Super Lawyers List, 2016
- Profiled in the 2014 edition of Georgia’s Legal Leader’s Magazine, 2014
- Law Clerk to Hon. James D. Walker, Jr., United States Bankruptcy Court, Middle an Southern Districts of Georgia, 1994
- Law Clerk to Hon. Hugh Robinson, United States Bankruptcy Court Northern District of Georgia, 1993
- AV Preeminent Rating, Martindale-Hubbell
Bar/Professional Activity:
- Member, State Bar of Georgia, Bankruptcy Section, 1993
- Eleventh Circuit Court of Appeals
- United States District Courts throughout Georgia
- Georgia Courts
- Member, American Bankrupcy Institute, 2008
- Member, State Bar of Georgia, Creditor's Rights Section, 1993
- Member, Atlata Bar Association, Bankruptcy Section, 1993
- Member, State Bar of Colorado, 1993
Scholarly Lectures/Writings:
- A practice guide addressing common ethical issues raised in the context of bankruptcy filings. Materials presented in round table format to attendees of Coastal Bankruptcy Institute seminar, Co-Author, Ethical Issues In Everyday Bankruptcy Practice, ICLE, Coastal Bankruptcy Institute, 1994
- A practice guide for attorneys addressing common litigation in the context of Ponzi schemes, how Ponzi schemes differ from other fraud schemes and how the Courts have addressed these cases. Materials and presentation include practice pointers, explanations of burdens of proof, the fraud investigation and prosecution/defense of Ponzi related litigation brought by trustees and debtors against creditors, October 28-29, 2010, Author and Panelist, A House of Cards by Any Other Name -- Ponzi Schemes and Associated Litigation in the United States Bankruptcy Court, ICLE, State Bar Of Georgia -- Bankruptcy Section
- Todd Hennings conducted a legal education seminar entitled “Before You Pay…” for the Georgia Defense Lawyers Association on March 20, 2013. The seminar addressed the ability of trustee’s and individuals to file lawsuits in bankruptcy cases. When a bankruptcy case is filed, there are significant issues concerning who can and should bring lawsuits involving the debtor. “Before You Pay…” cautioned attorneys to make sure they were dealing with the correct parties before they negotiate a settlement of claims., CLE Speaker, Georgia Defense Lawyers Association, 2013
- A practice guide for attorneys addressing reaffirmation of debt under the BAPCPA amendments to the Bankruptcy Code. Changes in obligations of debtors, duties of trustees under the amendments and the consequences of failure to reaffirm debt on personal property lender claims, Author and Lecturer, Reaffirmation Agreements, Statements of Intent and the Automatic Stay under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, ICLE, Atlanta Bar Association Continuing Legal Education Series 2005, 2005
- Disaster relief program broadcast to multiple state bar associations. Topics addressed concerned legal assistance to victims of natural disaster, the availability of bankruptcy filings as a form of relief and a guide for attorneys wishing to contribute time and effort in pro bono programs to assist victims of natural disaster in the wake of Hurricane Katrina, October, 2005, Author and Panelist, Bankruptcy Law Issues, ICLE, Katrina Disaster Relief Program
Special Licenses/Certifications:
- Special Assistant District Attorney for the Appalachian Judicial Circuit, 2017
- Georgia's Top Rated Lawyers, New York Times & Atlanta Journal Constitution and the Wall Street Journal
Industry Groups:
- Atlanta Bar Association -- Bankruptcy Section
- Member Of American Bankruptcy Institute
- Member Of Community Banker's Association
- Member Of Georgia And Colorado Bar Associations
- State Bar Of Georgia -- Bankruptcy And Creditors Rights Sections
Office location for Todd E. Hennings
5500 Interstate Parkway North
Suite 435
Atlanta, GA 30328
Phone: 404-584-1222
Selections
2 Years Super Lawyers
- Super Lawyers: 2017 - 2018
