J. Ellsworth Summers, Jr.

Experience

• Represented a national banking institution with $42 billion in assets in federal court litigation in Tampa, Florida defending a lender liability lawsuit initiated by a dental franchise and management company
• Represented a California-based developer, constructor and day-to-day operator of retail real estate in multiple national retail bankruptcy cases in Delaware, Texas, Virginia, and Washington in excess of $5,000,000 at issue.
• Represented a publicly traded diversified REIT that owns and operates a diversified portfolio of income properties comprising approximately 2.9 million square feet in the United States in multiple national retail bankruptcy cases in Delaware, Texas, and Tennessee in excess of $3,900,000 at issue.
• Represented a leading national real estate investment and management firm specializing in retail centers in multiple national retail bankruptcy cases in Delaware, Texas, Maryland, Virginia, and Florida in excess of $8,000,000.
• Represented the lead secured creditor in an Assignment for Benefit of Creditors in Jacksonville, Florida in the liquidation of large local lighting distributor and retailer in excess of $3,500,000 at issue.
• Represented a secured creditor client in a reorganization/workout of Florida-based borrower facility assisting probation-eligible federal and state prisoners in eight (8) halfway homes/facilities located throughout State of Florida. Our client received full payment of all amounts due, including default interest and attorneys’ fees and costs.
• Represented the U.S. subsidiary of a Lithuanian parent entity in the corporate dissolution and winding down of the U.S. entity in the face of threats of a potential class action due to a FDA investigation into operations of the U.S. entity and claims of secured lender. We are also representing the U.S. entity in a potential DOJ investigation into actions by the U.S. entity, including analysis of bankruptcy filing of Lithuanian parent entity and bankruptcy filing of wholly-owned Netherlands-based subsidiary.
• Represented a secured lender client in both state court and bankruptcy court reorganizations of three (3) loan relationship culminating in confirmed chapter 11 plan of reorganization and settlement agreement paying secured creditor client in full, including interest and attorneys’ fees on all three (3) loans.
• Represented a client in successful Chapter 11 reorganization of owner of student housing complex at University of Florida, with client’s bondholders receiving payment at par+, and including some default rate interest due under the bonds.
• Representing a real property owner in multiple cases involving Debtor’s alleged leasehold interest in real property in downtown Tampa. We represented the client in a state court appeal before 2nd District Court of Appeal of the Hillsborough Circuit Court’s ruling that Debtor did not hold any leasehold interest in real property. We also represent client in Debtor’s Chapter 11 Bankruptcy, adversary case brought by Debtor alleging ownership of leasehold interest in real property and appeal to the United States District Court for the Middle District of Florida. The Bankruptcy Court has taken our client’s Motion to Dismiss Amended Adversary Complaint under advisement.
• Represented a secured/unsecured lender in connection with bankruptcy case of borrower engaged in ponzi scheme receivable factoring business. The representation included litigation over approval of a settlement between lender client and Chapter 7 Trustee to which multiple other creditors have objected.
• Representing the court-appointed receiver of repo company in operation of business and sale of real estate for benefit of creditors of estate. The noteworthy part of this matter is the sale of the real property pursuant to the recently amended Uniform Commercial Real Estate Receivership Act, which is a case of first impression in the State of Florida.
• Represented a client in litigation involving three (3) shopping centers located in Wisconsin, Arizona and California. After threat of lawsuit including allegation of fraud by borrower and appointment of receiver, loans were paid in full, with lender client receiving all interest and attorneys’ fees.
• Represent a national homebuilder in a Chapter 11 bankruptcy case filed by a condominium association debtor with regard to all aspects of the Chapter 11 case including first day motions, objecting to a 9019 settlement motion, claims issues, defense of adversary proceedings, participation in multiple mediations and negotiation of Chapter 11 plan of reorganization and corresponding plan support agreement.
• Represent a leading regional bank holding company with approximately $64 billion in assets, with respect to a 3 loan relationship with a borrower international guitar manufacturer based in Tampa, Florida. Our team filed lawsuits against all 3 borrowers to start litigation, and have sold 2 of the 3 promissory notes to 3rd party note purchasers obtaining over $6,000,000 representing payment in full of the 2 notes sold.
• Represented a fully integrated private equity company established over two decades ago in the collection of amounts due under promissory notes secured by real estate in Northern Neck, Virginia. The client received payment in full on each of the loans.
• Represent the Official Unsecured Creditor’s Committee in a Chapter 11 bankruptcy case of a leading designer, engineer and manufacturer of custom corrugated display solutions and product packaging currently pending in Orlando, Florida.
• Represent a national real estate investment and management firm in the bankruptcy case currently pending in Chicago, Illinois of a 109-year old dairy specializing in delivering milk, and including nearly 40 ice cream and dairy stores in Illinois and Missouri
• Represent secured lender in the bankruptcy case pending in Jacksonville, Florida of a restaurant debtor with over 65 locations across Florida, which provide fast, casual dining featuring a “Tex-Mex” cuisine.
• Represent senior secured lender in the bankruptcy case of an owner/developer of a mixed-use project in Gainesville, Florida comprising of over 2,000,000 SF of retail, restaurant, office and residential development.
• Represent indenture trustee in United States District Court for the Middle District of Florida, Tampa Division to enforce bond obligations against a Community Development District.

Honors & Recognitions

Civic Activities

Professional Activities