Morris Manning & Martin, LLP

Chad Sharkey

Chad A. Sharkey

Of Counsel
Phone: 919.433.2822
Fax: 919.806.2057
[email protected]
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Chad A. Sharkey is Of Counsel in the firm’s Bankruptcy and Creditors’ Rights, Commercial Litigation, and Construction Litigation Practices.  

Mr. Sharkey primarily concentrates his practice in commercial litigation with an emphasis on commercial bankruptcy and creditors’ rights.  His practice includes creditor representation in commercial bankruptcy cases, construction litigation, representation of equipment lessors, and general business litigation.  Mr. Sharkey is also experienced in handling a variety of legal matters on behalf of small and large business clients, including negotiating and drafting contracts and leases and structuring secured transactions and debt work outs.

Mr. Sharkey regularly represents secured, unsecured, and lease creditors protecting their rights and interests in cases and adversary proceedings under Chapters 7, 11, 12, and 13 of the Bankruptcy Code.  He also has extensive experience representing creditors in defending against preference claims brought by debtors and trustees.

Mr. Sharkey’s general commercial and business litigation practice includes the defense of financial service providers and collection agencies under federal and state consumer protection statutes, as well as the representation of lenders, equipment lessors, and other creditors in various commercial collection proceedings, including state and federal litigation, arbitrations, and mediations.

In his construction practice, Mr. Sharkey provides statewide representation to materialmen, owners, general contractors, and subcontractors in matters involving materialman’s liens, breaches of contract, and construction defects in state and federal courts, as well as state and federal bond claims.

Mr. Sharkey is experienced in representing clients before the U.S. District and Bankruptcy Courts in North Carolina, as well as before North Carolina trial courts and Court of Appeals.  He has also represented clients’ interests in bankruptcy cases before the U.S. Court of Appeals for the Fourth Circuit.

Representative Experience

  • Represented national material suppliers in several Chapter 11 cases involving statewide and regional developers and builders, including negotiation of adequate protection, motions for relief from stay, and section 363 sales.
  • Represented creditor banks in Chapter 11 cases, including negotiation of cash collateral issues, plan objections, and negotiation of plan treatment.
  • Defended creditors in preference and fraudulent transfer proceedings instituted by Trustees and debtors in possession seeking recovery of payments and avoidance of security interests.
  • Represented subcontractors and materialmen in protecting and asserting lien and bond rights.
  • Represented national equipment creditor and agricultural lender in related Chapter 11 and 7 cases.
  • Negotiated pre-suit/ bankruptcy secured loan work outs for lenders and material suppliers.
  • Represented equipment leasing companies in commercial bankruptcy cases, including the assumption/rejection of leases, adequate protection, and administrative claim issues.
  • Represented general contractors and subcontractors in construction-related bankruptcy cases.
  • Represented equipment lessors in the collection and recovery of portfolio of defaulted finance leases.

Accolades

  • North Carolina Bar Association
  • Wake County Bar Association