Matthew G. Summers

Partner

summersm@ballardspahr.com
Tel 302.252.4428
Fax 302.252.4466
Delaware
Tel 410.528.5679
Fax 410.361.8930
Baltimore

Matthew G. Summers represents secured creditors, landlords, asset purchasers, indenture trustees, manufacturers, mezzanine lenders, officers and directors, unsecured creditors, trustees, and other parties-in-interest in all aspects of bankruptcy cases and bankruptcy-related litigation, in Delaware and Maryland, and nationally.

Matt has substantial experience representing creditors in Chapter 9 bankruptcy cases, including representing the largest holder of pension obligation bonds in the Detroit and San Bernardino, California, bankruptcy cases. Matt was the lead questioner in the first deposition taken in the City of Detroit case, deposing the city's investment banker, and was deeply involved in litigating the objection to the city’s first proposed settlement with counterparties to a swap agreement, an objection the bankruptcy court sustained.

In addition to his bankruptcy practice, Matt represents numerous lenders, special servicers, and receivers in state court commercial foreclosure and receivership proceedings in Delaware and Maryland. These state court proceedings involve a wide range of building types, including large industrial complexes, shopping centers, apartment complexes, and office buildings. Matt also regularly represents residential mortgage lenders and servicers in state court and bankruptcy court litigation involving complex and novel issues. Among other things, in these cases, Matt has successfully litigated substantial and complex issues under Article 3 of the Uniform Commercial Code.

Matt 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 and provides formal legal opinions regarding matters of Delaware law and federal bankruptcy law in complex transactions.

Representative Matters

  • Represents secured lenders in single asset bankruptcy cases pending in Maryland, Virginia, and Delaware
  • Represents largest holder of pension obligation bonds in City of San Bernardino, California, chapter 9 bankruptcy case
  • Represented largest holder of pension certificates of participation in City of Detroit chapter 9 bankruptcy case
  • Regularly provides bankruptcy advice to, and represents, a national cable television company in bankruptcy cases and bankruptcy related litigation across the United States
  • In 2014, successfully represented secured lender in Inner Harbor West chapter 11 bankruptcy case, obtaining dismissal, and, ultimately, obtaining $40 million judgment against guarantors under springing guaranty as a result of the bankruptcy filing
  • In 2013, represented purchaser of television station in federal receivership in Houston
  • In 2013, represented bank holding company as counsel to debtor, obtaining approval of DIP financing after multiday evidentiary hearing in Delaware bankruptcy court
  • In 2012, served as U.S. bankruptcy counsel to an asset purchaser in Chapter 15 cases filed in Delaware
  • In 2011, represented debtors that owned a large apartment complex in Silver Spring, Md., in Chapter 11 cases. Confirmed a plan that restructured secured debt exceeding $200 million within five months of filing cases
  • Represented mezzanine lenders to which nearly $100 million was owed in the Erickson Retirement Communities, Inc., bankruptcy cases in Dallas
  • Regularly represents shopping center and industrial landlords in tenant bankruptcy cases throughout the United States; representative cases include American Apparel; Radio Shack; United Retail; Ritz Camera; Borders Group, Inc.; GMJ Global Logistics, Inc.; Blockbuster, 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 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. Also obtained an order denying, in its entirety, counsel to the plaintiffs' petition for fees exceeding $270,000.

Representative Decisions

  • Thomas v. Nationstar Mortgage, LLC, 2015 WL 5766775 (Del. Ch. Sept. 18, 2015)
  • Nationstar Mortgage, LLC v. Sears, 2015 WL 4719941 (Del. Super. Aug. 7, 2015)
  • WBCMT 2006-C29 4250, LLC v. Chestnut Run Investors, LLC, 2015 WL 4594538 (Del. Super. July 30, 2015)
  • Birmingham v. PNC Bank, N.A., 2015 WL 4111645 (D. Md. July 7, 2015)
  • In re Stambaugh, 532 B.R. 572 (Bankr M.D. Pa. 2015)
  • In re NE OpCo, 513 B.R. 871 (Bankr. D. Del. 2014)
  • Sher v. Goldman Sachs, 2012 WL 1377066 (D. Md. April 18, 2012)
  • Grant v. Kahn, 18 A.3d 91 (Md. App. 2011)
  • Newcomer v. Litton Loan Servicing LP (In re Newcomer), 438 B.R. 527 (Bankr. D. Md. 2010)
  • Newcomer v. Litton Loan Servicing LP (In re Newcomer), 416 B.R. 166 (Bankr. D. Md. 2009)
  • Colombo Bank v. Sharp, 477 B.R. 613 (D. Md. 2008)
  • 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)
  • In re Baltimore Emergency Services II, 432 F.3d 557 (4th Cir. 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

Advisory Committee, 2015 ABI Mid-Atlantic Bankruptcy Workshop

Member of ad hoc committee formed in 2015 to consider, draft, and propose statute governing receivership proceedings in Maryland

American Bankruptcy Institute

American Bar Association

Recognition & Accomplishments

The Best Lawyers in America, bankruptcy and creditor-debtor rights/insolvency and reorganization law, 2014-2020

Ranked by The Deal as one of the top 25 bankruptcy lawyers in the country by number of active assignments for First Quarter 2014

Super Lawyers, "Rising Star," business bankruptcy, 2008-2015

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

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

"Bankruptcy Risks and Issues," Commercial Real Estate Portfolio and CMBS Loan Workouts: Forbearance, Foreclosure and Bankruptcy Webinar, Strafford, May 28, 2015

"Bankruptcy Law for the Transactional Real Estate Attorney," MICPEL seminar, April 2013, April 2008 and March 2007

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

"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

"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. (former)

University of Maryland School of Law (J.D. 2000 with honor)
Member, Order of the Coif

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

U.S. Court of Appeals for the Third Circuit