F. Thomas Rafferty is a shareholder in Baker Donelson’s Baltimore office. Mr. Rafferty represents secured and unsecured creditors, lender agents, indenture trustees, debtors, guarantors, receivers, equity owners and bankruptcy trustees in bankruptcy cases, restructurings, non-judicial workouts, receiverships and litigation in all courts.
Mr. Rafferty also represents clients in the purchase and sale of assets and businesses assets, usually in distressed situations. Mr. Rafferty’s experience includes handling the first involuntary bankruptcy in Maryland under the 1978 Bankruptcy Code.
He handles confessed judgment lawsuits, suits on guaranties, collections of judgments, loan workout agreements, Chapter 7, 11 and 13 bankruptcies for individuals and businesses, dischargeability, automatic stay, preference and fraudulent conveyance litigation, and bankruptcy sales and dischargeability litigation.
- University of Maryland School of Law, J.D.
- Harvard College, A.B.,1973, cum laude
- Court of Appeals of Maryland
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Bankruptcy Court for the District of Maryland
- U.S. District Court for the District of Maryland
- Provided legal representation in the first involuntary bankruptcy case in Maryland under the 1978 Bankruptcy Code.
- Represent replacement general partner in identifying, documenting, and settling $38 million tax deduction for theft loss from diversions by prior general partner of contingent guaranty liabilities (without suing the bankrupt prior general partner)
- Represent national bank letter of credit issuer in Bankruptcy Court consensual TRO and preliminary injunction action staying payment
- Document letter of credit support program for multi-lender vehicle renewal program for national trucking company
- Successful defense of lender’s vice president in bankruptcy trustee investigation of gratuities allegedly improperly given by borrower
- Structure and document Section 365(n) bankruptcy protections for licensors of electronic medical records software and firmware medical devices
- Represent investor general partners in Chapter 11 case of startup of for-profit continuing care retirement community with adverse construction-permanent lender and cooperative limited partner investor group and subsequent guaranty settlements
- Prosecution and favorable settlement of non-guarantor officer and director for misrepresentations to lender on financial statements and officer certificates of Chapter 11 debtor
- Member – American Bankruptcy Institute
- Member – American Bar Association
- Member – Maryland State Bar Association
- Member at Large – Maryland State Soccer Referee Committee (2005 – present)
- Maryland Attorney Grievance Commission, Inquiry Committee (1993 – 2003)
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