Matthew G. Summers

Litigation, Bankruptcy, Reorganization and Capital Recovery, Consumer Financial Services

Matthew G. Summers is of counsel in the Litigation Department and a member of the Bankruptcy, Reorganization and Capital Recovery Group and Consumer Financial Services Group. He represents creditor committees, debtors, equipment lessors, landlords, indenture trustees, manufacturers, mezzanine lenders, officers and directors, secured creditors, trustees, and other parties-in-interest in all aspects of bankruptcy cases and bankruptcy-related litigation, in Delaware and Maryland, and nationally. 

Mr. Summers has experience in litigation in bankruptcy court involving preferential and fraudulent transfer claims, defects in title, liens on personal property, and deeds of trust; obtaining relief from the automatic stay; disclosure statement approval; plan confirmation; dischargeability and discharge issues; appointment of trustees and examiners; bankruptcy sales; use of cash collateral; and post-petition financing. 

In addition to his substantial bankruptcy practice, Mr. Summers represents numerous lenders, special servicers, and receivers in commercial foreclosure and receivership proceedings in Maryland and other jurisdictions in the Mid-Atlantic. These state court proceedings involve a wide range of building types, including large industrial complexes, shopping centers, apartment complexes, and office buildings. 

Mr. Summers also frequently advises parties to a transaction during documentation on strategies to minimize risk to the client in the event the other party to the transaction becomes insolvent or files for bankruptcy.

Representative Matters

• Represented four mezzanine lenders to which nearly $100 million was owed in the Erickson Retirement Communities, Inc., bankruptcy cases in Dallas, Texas
• In 2010, represented the secured lender and the court-appointed receiver in the receivership sale of the Munsey Building in Baltimore
• Serves as the primary bankruptcy attorney representing a large national bank, in its capacity as secured lender, in a Chapter 11 case in Philadelphia
• Provides bankruptcy advice to, and regularly represents, a national cable television company in bankruptcy cases across the United States
• Regularly represents shopping center and industrial landlords in tenant bankruptcy cases throughout the United States; representative cases include Blockbuster, Inc., Dormia, Inc., General Motors Corp., Mattress Discounters Corp., Visteon Corp., Lyondell Chemical Company, Circuit City Stores, Inc., Linens 'n Things, and WCI Communities, Inc.
• As lead counsel in a recent matter for a major residential mortgage servicer alleging violations of the automatic stay, violation of a confirmed Chapter 13 plan, and violation of the discharge objection, obtained a favorable verdict, awarding no damages to the plaintiff, after a three-day bench trial; the Bankruptcy Court reported two opinions in this matter
• Advised a major research university about the effect of the plaintiff’s bankruptcy case on an employment discrimination lawsuit and assisted in developing a successful defense strategy based, in part, upon certain events in the plaintiff's bankruptcy case
• Advised a major medical system about bankruptcy and insolvency risks in complex real estate transactions

Reported Decisions  

• Newcomer v. Litton Loan Servicing LP (In re Newcomer), 416 B.R. 166 (Bankr. D. Md. 2009)
• Newcomer v. Litton Loan Servicing LP (In re Newcomer), 438 B.R. 527 (Bankr. D. Md. 2010)
• Matsuda Capital, Inc. v. Bellinger (In re NetFax, Inc.), 335 B.R. 85 (D. Md. 2005)
• In re Railworks, 325 B.R. 709 (Bankr. D. Md. 2005)
• Logan v. JKV Real Estate Servs. (In re Bogdan), 414 F.3d 507 (4th Cir. 2005)
• In re Regional Building Systems, Inc., 320 F.3d 482 (4th Cir. 2003)

Judicial Clerkships

Hon. Lawrence F. Rodowsky, Court of Appeals of Maryland

Professional Activities

Maryland Bankruptcy Bar Association
Turnaround Management Association, Chesapeake Chapter

Recognition & Accomplishments

Recipient, 2008 Maryland Pro Bono Service Award, a statewide award granted by the Maryland State Bar Association's Pro Bono Resource Center, for pro bono work on behalf of homeless residents of Elkton, Maryland

Publications

Co-author, "What's Left of Sovereign Immunity After Katz," American Bankruptcy Institute Journal, May 2006

Co-author, "Diligent Searches: Finding Misfiled IRS Liens," The Secured Lender, November/December 2006

Speaking Engagements

Lectured on alternative dispute resolution and the treatment of commercial leases in Chapter 11 bankruptcy as part of the International Council of Shopping Centers' Law for Non-Lawyers Program in New York, September 2010

Frequent lecturer on bankruptcy, foreclosure, and receivership issues, including:

"Troubled Debt and Workouts," Ballard Breakfast Briefing, June 4, 2009

"Workout or Enforcement–How Does One Decide?" RMA Commercial Real Estate Forum, October 2008

"Landlord Issues in a Tenant's Bankruptcy," PNC Bank in-house seminar, October 2008

"Bankruptcy Law for the Transactional Real Estate Attorney," MICPEL seminar, April 2008 and March 2007

"Consumer Bankruptcy Law," NBI Seminar on Consumer Collection Law, March 2008

"Strategies for Resolving Title Claims in Bankruptcy," Stewart Title Guaranty Company in-house seminar, December 2007

Board Memberships

Homeless Persons Representation Project, Inc.

University of Maryland School of Law (J.D. 2000, with honors)

Grove City College (B.A. 1997, magna cum laude)

Delaware

Maryland

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland 

U.S. District Court for the Eastern District of Michigan 

U.S. Court of Appeals for the Fourth Circuit