Biography

Tom Dame has a diverse civil litigation and bankruptcy practice, with emphasis on business litigation, bankruptcy litigation, receivership, and financial restructuring. He represents clients in many fields and industries, including financial, health care, real estate, construction, retail, energy, entertainment, and others.

Board certified in business bankruptcy law by the American Board of Certification, Tom served on the board of directors of the Bankruptcy Bar Association of Maryland from 2001 through 2005, and chaired its Baltimore chapter from 2004-2005.

Tom is recognized by Chambers USA Chambers USA as a leading commercial litigator in Maryland.

Representative Matters

• In a breach of contract claim against our client, a leading publicly traded financial institution sued for $8.4 million in damages allegedly arising out of our client's repurchase of GNMA mortgage-backed securities. Gallagher prevailed in obtaining summary judgment on important aspects of the plaintiff’s claims, thereby removing much of the exposure. The parties then settled on favorable terms.



• In re Regency Health Services, Inc., Case No. 00-35359, United States Bankruptcy Court for the Eastern District of Pennsylvania. Represented a secured lender in the Chapter 11 bankruptcy of a long-term care nursing facility. Successfully negotiated cash collateral orders and a consensual plan of reorganization that paid the full debt to the secured lender, including post-petition interest.



• In re Magna Entertainment Corp., et al., Case No. 09-10720, U.S. Bankruptcy Court for the District of Delaware. On behalf of the Mayor and City Council of Baltimore, successfully negotiated protections of the City's interest in the historic Preakness Stakes ensuring that race will continue to run at the Pimlico Race Course. The 135 year tradition of the Preakness Stakes in Baltimore was threatened by the bankruptcy of Magna Entertainment Corporation. Gallagher fought efforts to sell the Preakness free of any restrictions on its movement and successfully negotiated provisions in the confirmed plan of reorganization that preserved Maryland's statutory requirement that the Preakness be held at Pimlico Race Course except in the case of disaster or emergency.



• In re Genesys Data Technologies, Inc., Case No 96-55018, United States Bankruptcy Court for the District of Maryland. Represented a judgment creditor in the involuntary Chapter 11 bankruptcy of a manufacturer of optical scanning equipment. Successfully prosecuted involuntary bankruptcy, trial on the validity of judgment debt, and subsequent appeals in the United States Court of Appeals for the Fourth Circuit and the Supreme Court of Hawaii. Click to read Genesys Data Technologies, 245 F.3d 312 (4th Cir. 2001) and Genesys Data Technologies, 18 P.3d 895 (Hawai'i 2001).



• Fort Washington Care Center L.P. v. Fort Washington Nursing Home, Inc., Case No. 00-10014, United States Bankruptcy Court for the District of Columbia. Represented the landlord of a long-term care nursing facility in the Chapter 11 bankruptcy of the facility operator. Prevailed in defeating a preliminary injunction, which enabled the client to enter into a favorable sales transaction.



• In re Beneficial Financial Services, Inc., Case No. 02-2265, United States Bankruptcy Court for the District of Columbia. Represented Court-appointed receiver in Chapter 11 bankruptcy of a company engaged in the sale of interests in life insurance policies (viatical settlements). Successfully established the client’s claim based upon fraudulent conduct of the debtor’s officers and principals, and negotiated a consensual plan of reorganization.



• In re Honey Creek Kiwi, LLC, Case No 05-39524, United States Bankruptcy Court for the Northern District of Texas. Represented national affordable housing lender in defeating the cram-down plan of reorganization of the bankrupt owner of a 656-unit affordable housing project in Dallas, Texas.



• In re Bostic Construction, Inc., Case No. 05-11199, United States Bankruptcy Court for the Middle District of North Carolina. Represented a secured lender in Chapter 11 bankruptcy of real estate developer and construction company. Successfully negotiated relief from the automatic stay to permit the lender to foreclose on two apartment projects in Illinois and Kentucky.



• In re J.A. Jones, Inc., Case No. 03-33532, United States Bankruptcy Court for the Western District of North Carolina. Represented the owner of a mixed-use retail, office, and residential real estate project in the Chapter 11 bankruptcy of the construction contractor. Successfully negotiated the takeover and completion of the construction contract for the project.

Education

University of Maryland at College Park, BA, cum laude, 1987

University of Maryland School of Law, JD, with honor, 1990; Order of the Coif

Court Admissions

Maryland State Courts
Commonwealth of Massachusetts Courts
District of Columbia Courts
United States Supreme Court
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the District of Columbia Circuit
United States District Court for the District of Maryland
United States District Court for the District of Columbia
United States District Court for the Northern District of Illinois

Bar Admissions

Maryland
Massachusetts
District of Columbia

Bar and Professional Memberships

American Bankruptcy Institute
American Bar Association
Bankruptcy Bar Association for the District of Maryland, Board of Directors (2001 - 2005), Chair of Baltimore Chapter (2004 - 2005)
Board Certified in Business Bankruptcy Law, American Board of Certification
Federal Bar Association
Maryland State Bar Association
National Diocesan Attorneys Association
Turnaround Management Association

Civic and Charitable Service

Camp Fire USA Baltimore Council, Board of Directors (2008 - 2010)
Community Mediation Program, Board of Directors (2001 - present)
Parks and People Foundation, Board of Directors (1999 - 2003)
Public Justice Center, Inc., Board of Directors (1992 - 1999), President (1997 - 1998)
Member, Court Appointed Advisory Council for Thompson v. HUD, a case involving the desegregation of Baltimore's public housing units (1998 - 2000)