- Malone Allen
- Thomas E. Austin, Jr
- Diana S. Barber
- Jeffrey N. Berman
- Lea C. Dearing
- Henry M. Feinstein
- Benjamin I. Fink
- Lauren S. Frisch
- Lydia M. Hilton
- Lawrence C. Kasmen
- Alan E. Lubel
- Lisa S. Morchower
- Ruari J. O’Sullivan
- Daniel H. Park
- William J. Piercy
- Thomas E. Sowers
- Charles H. Van Horn
- Neal F. Weinrich
- Kenneth N. Winkler
Thomas E. Austin, Jr
Thomas E. Austin, Jr
P: (404) 814-3755
F: (404) 233-1943
Thomas's BioTom Austin is Of Counsel in Berman Fink Van Horn. In his practice, he represents financial institutions – from large national banks to small community banks – and business clients for a variety of matters. Tom enjoys working closely with... Read More
Thomas's BiographyTom Austin is Of Counsel in Berman Fink Van Horn. In his practice, he represents financial institutions – from large national banks to small community banks – and business clients for a variety of matters. Tom enjoys working closely with his clients – and always keeping an eye on their objectives.
Tom’s blend of expertise includes representing creditors in bankruptcy cases, real and personal property foreclosures, loan restructuring and commercial litigation, including jury trials, appeals, loan workouts and mediations. Tom also assists landlords in landlord-tenant disputes. As a certified Georgia mediator, Tom mediates for business, contract and real estate related matters. He appears regularly in state and federal courts throughout Georgia and the Southeast, including bankruptcy courts.
A Charlotte, N.C. native, Tom earned his law degree from The University of North Carolina School of Law. Previously, Tom graduated cum laude with a Bachelor of Arts degree from The University of Georgia. He is licensed to practice law in Georgia, North Carolina and South Carolina.
In his spare time, Tom enjoys reading, biking, playing golf and attending University of Georgia football games with his family. Tom and his wife, Lori, have a son, Keller.
Thomas's Honors & Awards
Thomas's Success Stories
Thomas's Community Involvement
American Red Cross
Ansley Golf Club
– Long Range Planning Committee
Trinity Presbyterian Church
– Commitment Campaign Committee
– Alumni Fund Committee, Chair
The Westminster Schools
– The Westminster Fund Committee
Thomas's Representative Matters
Successfully defended bank client against borrower’s claims that bank client interfered with borrower’s ability to sell real property by refusing to renew his note, tortuous interference with his contract to sell the property, and wrongful foreclosure. Defense of the matter also involved issues of spoliation of evidence, and e-discovery issues. The trial court’s summary judgment was affirmed by the Court of Appeals and the Supreme Court of Georgia.
Suit was filed against contractor borrower and personal guarantors for default on a note, and bank client was successful in obtaining a summary judgment for multiple millions of dollars. The trial court’s decision was affirmed by the Georgia Court of Appeals and the Supreme Court of Georgia.
After numerous bankruptcy cases were filed by debtors to avert a foreclosure sale, bank client was granted relief from stay and foreclosed on debtors’ real property. Successfully defended bank client in the United States District Court action subsequently filed by debtors alleging, among other things, negligence, fraud, wrongful/unlawful foreclosure, breach of contract, unjust enrichment, constructive fraud, common law fraud, and conspiracy.
Obtained relief from stay for a bank client against a borrower in Bankruptcy Court. Subsequently, successfully defended the bank client from the borrower’s efforts at the trial court and the Georgia Court of Appeals to enjoin the bank from foreclosing on the borrower’s two separate properties in which the bank client held a security interest without having first confirmed an earlier foreclosure sale, thereby enabling the bank client to foreclose on both properties in dispute.
– Supreme Court of Georgia
– Court of Appeals of Georgia
– Supreme Court of the United States
– Eleventh Circuit Court of Appeals
– Fourth Circuit Court of Appeals
– United States District Court, Northern District of Georgia
– United States District Court, Middle District of Georgia
– United States District Court, Southern District of Georgia
– United States District Court, Eastern District of North Carolina
– United States District Court, Middle District of North Carolina
– United States District Court, Western District of North Carolina
– United States District Court, District of South Carolina
North Carolina, 1989
South Carolina, 2005
– Supreme Court of South Carolina
B.A., The University of Georgia (cum laude), 1984
J.D., The University of North Carolina School of Law, 1988
State Bar of Georgia
The North Carolina State Bar
North Carolina State Bar Association
The South Carolina Bar
Lawyers Club of Atlanta