Holly L. Tomchey

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Holly Tomchey focuses her practice on complex state and federal litigation representing individuals, corporations, and governmental bodies. Ms. Tomchey also counsels private and public clients on developing practices and procedures in an effort to avoid litigation. For her governmental clients, Ms. Tomchey advises on day-to-day issues involving zoning, building/code enforcement, business licensing, and FOIA requests.

 

Areas of Experience

- Litigation
- Governmental Affairs
- Commercial Bankruptcy

 

Sample Representations

- Successful civil prosecution and defense of public and private clients in litigation matters involving but not limited to breach of contract, breach of fiduciary duty, constitutional law (Special Legislation and 1st Amendment), conversion, discrimination, employment actions (ADA, FMLA, Section 1983, and Title VII), forcible entry and detainer, fraud, interference with a business relationship, misappropriation, negligent misrepresentation, mechanic's liens, reformation, specific performance claims.
- Advisement of secured and unsecured creditors about bankruptcy issues such as assignment for the benefit of creditors, adequate assurance, adequate protection, automatic stay, conversion to Chap. 7, cash collateral, cram down, dischargability, effects of specific Chap. 11 plans of reorganization, fraudulent conveyance, liquidation analysis, preferential payments, pubic/ private auctions, strategic voting, and UCC sales.
- Representation of governmental entities concerning operational issues arising in the zoning, building/code enforcement, business licensing, and human resources departments.
- Representation of commercial landlords regarding lease enforcement and retail bankruptcy issues such as GOB sales, rejection and assumption of leases, and cure claims in the bankruptcy arena.
- Representation of Chap. 11 debtor case for long-term health care provider; confirmed plan and closed case within 16 months of petition date.
- On pro bono basis, successful defense of adolescent Somali refugee seeking political asylum in deportation proceedings.
- Negotiation of leases and amendments thereto, license agreements, notes and security agreements, contracts and termination agreements thereof, and drafting of such documents on behalf of transactional clients.

 

Judicial Clerkships

- Judicial Law Clerk for the Honorable Eugene Siler of the United States Court of Appeals for the Sixth Circuit, 1998-1999
- Judicial Law Clerk for the Honorable Judge Karl Forester of the United States District Court for the Eastern District of Kentucky, 1996-1998

 

Education

- J.D., University of Kentucky College of Law, 1996
- B.A., Vanderbilt University, 1993

 

Admitted to Practice

- Illinois
- Kentucky
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Eastern District of Kentucky
- U.S. Circuit Court of Appeals for the Sixth Circuit

 

For additional information on the Firm and/or for client references, please contact Michael T. Del Galdo.