Tom Wearsch advises clients on strategic alternatives when faced with troubled company situations. Focusing on distressed as well as healthy companies, financial institutions, equity and hedge funds, bondholders, committees, boards, and management, he has served as counsel to numerous corporations involved in chapter 11 reorganizations, out-of-court restructurings, and distressed mergers and acquisitions. Tom's practice has exposed him to a number of industries including automotive, aerospace, manufacturing, health care, energy, hospitality, securities, mining, media, and technology.
With a creative approach to the complex issues facing his clients, Tom is often credited with bringing his strong business acumen to finding practical, efficient solutions. Faced with often dire situations, he has led numerous out-of-court restructurings that have allowed his clients to continue their business operations without filing bankruptcy. He also has significant experience representing debtors and other constituencies in all aspects of complex chapter 11 proceedings. He has served as chapter 11 debtor's counsel in Peabody Energy and Alpha Natural Resources and as purchaser's counsel in National Label. Prior to joining Jones Day, Tom served as company, trustee, or chapter 11 debtor's counsel in Black Elk Offshore Energy, Swift-Cor Aerospace, Excello Engineered, VSV Group, Creative Polymer, Westgate Resorts, Bernard L. Madoff Investment Securities, and Globix, and as purchaser's counsel in Dune Energy, Cardinal Fastener, and Saberliner Aerospace.
Tom is a member of the American, Ohio, and Cleveland Metropolitan Bar Associations. He serves on the boards of Shoes and Coats for Kids, Brookhaven Farms, and the Harvard Club of Northeast Ohio.
The following represents experience acquired prior to joining Jones Day.
Represented the owner and manager of an automotive manufacturing company in the successful sale and recapitalization of the company through an out-of-court process.
Represented a bank syndicate in the successful prearranged chapter 11 proceeding of a large telecommunications company.
Served as debtor's counsel to Black Elk Energy Offshore Operations in its chapter 11 bankruptcy case in the United States Bankruptcy Court for the Southern District of Texas.
Counsel to the purchaser of the offshore production assets of Dune Energy in its chapter 11 bankruptcy case in the United States Bankruptcy Court for the Western District of Texas.
Represented Irving H. Picard, the SIPA trustee for the liquidation of Bernard L. Madoff Investment Securities LLC.
Represented an investor group in its acquisition of secured debt and subsequent acquisitions of an automotive supplier through an Article 9 sale process.
Represented a buyout fund in its acquisition of secured debt and subsequent acquisition of an aerospace company through an Article 9 sale process and government novation process.
Represented a specialty ink manufacturer in its restructuring and successful sale to a strategic buyer in an out-of-court transaction.
Represented a private equity fund in its out-of-court purchase of financially distressed technology and services company including process for acquiring government contracts of the entity.
Represented an aerospace supplier and its owner/management in its successful restructuring and sale efforts and government novation process.
Represented a large, public internet services provider in its successful prepacked chapter 11 bankruptcy proceeding and exchange offering.
Represented an equity fund portfolio company (engineered plastic and rubber automotive parts supplier) in the sale of its assets through the chapter 11 process.
Represented a Tier 2 automotive parts supplier in the sale of its assets through the chapter 11 process.
Represented a local telecommunications company in its purchase of Midwest telecommunications assets from a distressed telecommunications corporation.
Represented an equity fund portfolio company (ambulance and bus manufacturer) in its sale transaction as part of its chapter 11 proceeding.
Represented a large public airline in the successful out-of-court restructuring of its debt obligations and receipt of funds under the Airline Stabilization Act.
Represented the Official Committee of Tort Plaintiff Creditors in the bankruptcy of a large medical services company.
Represented a Germany-based entity in the purchase of a specialty fastener company through a chapter 11 bankruptcy sale process.
Represented a large engineered products manufacturing company in the purchase of the secured debt of an insolvent aluminum casting company and the subsequent purchase of the aluminum casting company through a managed receivership proceeding.
Represented a large, international commercial vehicle manufacturer in multiple workouts with its distressed suppliers.
Represented a waste hauling company in the sale of its assets through a receivership proceeding.
Represented the trustee in the sale of the assets of a commercial property and gas station holding company.
Represented a group of broker-dealers in defense of claw back litigation being pursued by a bankruptcy trustee.
Represented a chapter 7 trustee in the liquidation of an investment advisor and hedge fund with more than $8 billion in assets under management.
Publications Prior to Jones Day
Buying a Troubled Co. With Pension Overhang: Must You Pay More For Certainty?, Middle Market Growth
- June 8, 2017
ABI Central States Bankruptcy Conference
- May 5, 2017
William J. O'Neill Great Lakes Regional Bankruptcy Institute
- University of Virginia (J.D. 2001); Harvard University (A.B. magna cum laude 1998)
- New York and Ohio
Chambers USA, bankruptcy and restructuring (2016-2023)
Best Lawyers in America (2016-2020)
Best Lawyers in Cleveland (2017)
Legal 500, restructuring (2017 and 2022)
Ohio Super Lawyers "Rising Star" (2007, 2009, 2012-2015)