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Paul A. Fanning

North Carolina Board Certified Specialist in Business and Consumer Bankruptcy Law

paf@wardandsmith.com

252.215.4027 252.215.4077

Post Office Box 8088, Greenville, NC 27835-8088

919.277.9100

Post Office Box 33009, Raleigh, NC 27636-3009

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Paul leads the Creditors' Rights practice and is certified by the American Board of Certification and the North Carolina State Bar as a Board Certified Specialist in Business and Consumer Bankruptcy Law. His practice experience encompasses bankruptcy, collections, creditors' rights, and lender liability. He concentrates his practice in the representation of creditors in complex bankruptcy cases and state court litigation, including workouts, collection reorganizations, and contested matters.

Paul has represented lenders, trade creditors, farm equipment manufacturers, community associations, contractors and telecommunications companies in various reorganization proceedings, including commercial real estate, manufacturing, and wholesale and retail transactions. He has extensive experience in state court foreclosures and receiverships and other aspects of creditor-debtor litigation, including appellate advocacy. He has been rated by his peers as being "preeminent" in his fields of law.

Education

J.D., Wake Forest School of Law, 1998
B.A., The University of North Carolina at Asheville, 1993

Representative Experience

Representation of secured lender through appointment of state court receiver for, and foreclosure against, hotel properties
Representation of international farm equipment manufacturer in complex multistate franchisee bankruptcy case resulting in full recovery
Representation of lead participant secured lender owed $15 million in contested foreclosure and sale of subdivision property containing three golf courses through bankruptcy
Representation of lender through successful restructure and collateralization of $20 million loan through bankruptcy plan confirmation of brick manufacturer
Representation of primary secured creditor in regional cigarette manufacturer bankruptcy including regulatory hurdles, cash collateral, asset sales and contested plan confirmation issues resulting in full recovery
Representation of international air filter manufacturer in state business court litigation against secured lender reducing exposure by $20 million
Representation of defrauded creditor preventing debtors from obtaining bankruptcy discharge
Representation of clients in defending complex preference and fraudulent transfer claims

Honors and Distinctions*

Chambers USA, Bankruptcy/Restructuring – North Carolina, 2019-2020
"Super Lawyer," North Carolina Super Lawyers, 2009-2020
"Legal Elite," Business North Carolina, Bankruptcy, 2006-2008, 2010-2020
The Best Lawyers in America, 2011-2020

Professional and Community Affiliations

American Board of Certification — Sections: Business Bankruptcy; Consumer Bankruptcy
Boys & Girls Club of Pitt County (president 2008; board member 2005-2011)
Cal Ripken, Sr. Foundation (Board of Trustees 2011-2012)
Community Associations Institute
Eastern North Carolina Inn of Court
Greenville-Pitt County Chamber of Commerce (board of directors 2007-2009)
Kiwanis Club of University City (vice president 2003-2004; board member 2001-2004)
North Carolina Alliance of Boys & Girls Clubs (president 2014; secretary/treasurer 2011; board of directors 2007-present)
North Carolina Bar Association — Section: Bankruptcy (council member 2005-2007)
North Carolina Creditors Bar Association

Admitted to Practice

North Carolina, 1998
All state courts in North Carolina
United States Bankruptcy Court for the Eastern, Middle, and Western Districts of North Carolina
United States Court of Appeals for the Fourth Circuit
United States District Court for the Eastern, Middle, and Western Districts of North Carolina
United States Supreme Court

About Me

What I admire most about my clients is their ability to solve complex problems that arise in litigation in creative and dynamic ways and often in ways that make them and their employers look good. The best thing about Ward and Smith is being part of, and contributing to, the family business. Hired out of law school, the Firm reared and mentored me to become a productive member of not just the Firm, but my community and the legal profession as well.

I became a lawyer because lawyers make real differences in people's lives. We are professional worriers. If we do our job right, we take the worry from the client and solve problems.

“Get action. Do things; be sane; don’t fritter away your time; create, act, take a place wherever you are and be somebody; get action.” — Theodore Roosevelt

* Please see the following websites for an explanation of the membership standards for the following recognitions: www.bestlawyers.com; businessnc.com/special-sections/legal-elite/; and www.superlawyers.com/north-carolina.

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