Charles P. Summerall, IV

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1 Charles P. Summerall, IV Profile Areas of Practice Bankruptcy and Creditors Rights Business Litigation Financial Services Litigation Contact Information Charleston Office 843/ (phone) 843/ (fax) Charles P. Summerall, IV is a business litigator and certified specialist in bankruptcy and debtor-creditor law. He is listed in The Best Lawyers in America for 2014 for Bet-the-Company Litigation, Bankruptcy & Creditor-Debtor Rights/Insolvency & Reorganization Law, and Bankruptcy Litigation. In 2013, he was named Charleston, SC Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law "Lawyer of the Year" by The Best Lawyers in America. In 2012, he was named Charleston, SC Litigation Bankruptcy Lawyer of the Year by The Best Lawyers in America. He is also listed in Chambers USA for Commercial Litigation, and he holds Martindale-Hubbell s highest (AV) rating for ethical standards and legal ability. He has handled a broad range of business litigation and financial services litigation matters in state and federal courts, and he is a certified mediator. His broad bankruptcy experience includes representing secured creditors, unsecured creditors committees, debtors in Chapter 11 and 7, and Trustees in Chapters 11 and 7. He has also served as a Chapter 11 Trustee. Mr. Summerall is certified by the South Carolina Supreme Court as a specialist in Bankruptcy and Debtor-Creditor law. He served on the initial Bankruptcy and Debtor-Creditor Law Specialization Advisory Board responsible for developing bankruptcy law as a certified specialty area in South Carolina, and he has been reappointed for additional terms ( ). A frequent lecturer on bankruptcy, he has served on the Bankruptcy Court Local Rules Advisory Committee, a Judicial Screening Committee appointed by the Fourth Circuit Court of Appeals, and the Board of Directors of the South Carolina Bankruptcy Law Association. Representative Matters Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients. Successfully defended a large power company in an alleged trade secret misappropriation case in which the plaintiff asserted one billion dollars in damages. Co-Counsel for plaintiff, with claims exceeding 34 million dollars, in a complex Ponzi scheme case involving numerous domestic and foreign defendants. Co-counsel in South Carolina for the unsecured creditors committee in a large Delaware bankruptcy, in which the committee obtained summary judgment in the federal district court equitably subordinating the purported secured lender s claim exceeding 100 million dollars.

2 Counsel to unsecured creditors committees in large Chapter 11 cases involving publicly-traded manufacturing companies. Counsel for the unsecured creditors committee in one of the largest South Carolina cases involving a sub-prime lender and related entities. Served as Chapter 11 Trustee for a debtor in the financial services industry. Served as client representative on unsecured creditors committees in Chapter 11 cases involving a steel mill and an international manufacturer of non-woven fabric. Counsel for homeowner associations in golf course bankruptcies and related litigation. Represented both plaintiffs and defendants in numerous lender liability matters. Represented numerous financial institutions, insurance companies and other secured creditors in bankruptcy cases, workouts, and out-of-court restructurings. Selected Decisions: Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients. Represented Chapter 11 Trustee in prevailing over creditor s challenge to Trustee s confirmed Plan. The District Court subsequently affirmed the Bankruptcy Court s enforcement of the Plan terms. Represented Chapter 11 Trustee in dispute over timeliness of creditor s claim filing. Represented intervening party in successful appeal in which the Fourth Circuit affirmed the District Court s denial of a hazardous waste landfill operator s request for a preliminary injunction to prevent closure of the landfill facility. Represented prevailing secured creditor in a lien priority dispute between a purchase-money lender and a creditor with a floating lien on the debtor s equipment. Served as Chapter 11 Trustee in bringing an action to set aside a tax sale of the debtor corporation's property. The Bankruptcy Court invalidated the sale, finding that the County failed to strictly comply with applicable statutes. The buyer appealed to the District Court, claiming that postal regulations did not permit delivery restricted to addressee only mail to a corporation. After the District Court certified the question, the South Carolina Supreme Court held that, since the County failed to attempt to

3 comply with the statute, the Court would not consider what other alternate mailing would satisfy the statute requirements. The District Court subsequently affirmed the Bankruptcy Court's invalidation of the tax sale. Successfully represented Debtor-In-Possession's parent company in obtaining determination that investment contract holders, who asserted claims exceeding $3 million, were not creditors of the estate. Represented the first mortgage lender working with Chapter 11 Trustee in seeking to reject and terminate debtor's insider lease. In a nationally discussed decision, the District Court affirmed the bankruptcy court order rejecting and terminating the lease. Represented Debtor-in-Possession resort owner as the prevailing party in one of the leading South Carolina cases on executory contracts. Professional Activities Bar Associations: Member, Bankruptcy Law Specialization Advisory Board, and ; Adjunct Professor for Bankruptcy and Debtor-Creditor Law, Charleston School of Law (2007); Member, Judicial Screening and Merit Selection Panel, ; Member of Board of Directors, South Carolina Bankruptcy Law Association , elected for second term, ; Member, Bankruptcy Local Rules Advisory Committee, ; Certified Bankruptcy and Debtor-Creditor Specialist, 1993; Certified Circuit Court Mediator. Admitted to the Bar: 1985, South Carolina. Education B.A., English, 1982, University of Virginia. J.D., 1985, University of South Carolina School of Law; Order of the Barristers; Captain, National Moot Court Team. Presentations Ethics: Part II presentation, South Carolina Bankruptcy Law Association Seminar, June Ethics presentation, South Carolina Bankruptcy Law Association Annual Seminar, May Case Law Update, South Carolina Bankruptcy Law Association Annual Seminar, May 2012 Bankruptcy and Recent Developments Affecting Construction Lawyers, North Carolina/South Carolina Bar Associations, Construction Law Program, September 2009

4 Advocacy Before the Bankruptcy Court, South Carolina Bankruptcy Law Association Seminar, December Doin the Waive: Bankruptcy Trustees and the Debtor s Attorney-Client Privilege, South Carolina Bankruptcy Law Association Seminar, August, "Chapter 11 Trustees - When, Where, Why and How Much $$", South Carolina Bar CLE Division, April, "The Road to War! Preparing for the Chapter 11 Case", South Carolina Bankruptcy Law Association Seminar, February, "Selected Post-Confirmation Issues in Chapter 11", South Carolina Bankruptcy Law Association Convention and Seminar, August "Bankruptcy: Hot Topics for the General Practitioner", Charleston County Bar Association, November, "Executory Contracts and Unexpired Leases: Learnin' to Jive with Section 365", Fifth Annual South Carolina Bankruptcy Law Association Convention and Seminar, August, "Basic Collection Practice in South Carolina", South Carolina Bankers Association, January, "Ethics in the Bankruptcy Court: Selected Issues", South Carolina Bar Meeting, Corporate and Securities Section, January, "Ethics in the Bankruptcy Court: Selected Issues", Third Annual S.C. Bankruptcy Law Association Convention and Seminar, September, Commentator, "The Trustee's Strong Arm Power Under the Bankruptcy Code", Symposium on Bankruptcy Sponsored by the U.S.C. School of Law, March, "Valuation: The Law that Gives you Lemons or Lemonade", First Annual S.C. Bankruptcy Law Association Convention and Seminar, September, Honors The Best Lawyers in America, 2014 Bet-the-Company Litigation, Bankruptcy & Creditor-Debtor Rights/ Insolvency & Reorganization Law, and Bankruptcy Litigation The Best Lawyers in America, 2013 and Named Charleston, SC Bankruptcy & Creditor-Debtor Rights/ Insolvency & Reorganization Law Lawyer of the Year"

5 The Best Lawyers in America, Named Charleston, SC Litigation Bankruptcy Lawyer of the Year Super Lawyers, 2008 present Chambers USA - Leaders in their Field, Commercial Litigation Martindale-Hubbell, AV rating

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