Profile

Will Esser has successfully represented business clients in hundreds of lawsuits, bankruptcies, foreclosures and arbitrations. He focuses his practice primarily on commercial litigation, bankruptcy and creditors’ rights, foreclosures and loan workouts. Mr. Esser serves as the team lead for Parker Poe’s North Carolina foreclosure practice.
 
Mr. Esser is admitted to the United States Courts of Appeal for the Fourth, Tenth and Eleventh Circuits, as well as the federal district and bankruptcy courts for the Eastern, Middle and Western Districts of North Carolina and the Middle District of Florida. He is also certified by the NCDRC as a Superior Court mediator.
 
Prior to joining the Firm, Mr. Esser served as a law clerk for the Honorable Paul J. Kelly on the United States Court of Appeals for the Tenth Circuit.

Experience Highlights

Commercial Litigation

• Litigating cases involving complex financial instruments (such as interest rate swaps and letters of credit) in both federal court and the North Carolina Business Court
• Defending financial institutions from borrower/guarantor claims for misrepresentation, fraud, tortious interference with business, negligence, unfair trade practices and related tort actions
• Litigating breach of contract claims arising from asset purchase agreements, franchise and distributor agreements and all forms of commercial contracts
• Representing municipal governments in litigation to recover on infrastructure bonds

Bankruptcy

• Representing creditors in all areas of bankruptcy practice in Chapter 7, 11, 12, or 13 (such as cash collateral motions, motions for adequate protection/relief from stay and contested confirmation hearings)
• Representing unsecured creditor committees from committee formation through final distribution under confirmed plans
• Assisting purchasers in Section 363 asset sales
• Defending vendors, surety companies and other defendants in preference and avoidance actions

Collections / Loan Workouts

• Managing the workout of large loan portfolios for lenders involving hundreds of real property foreclosures/note collection lawsuits
• Obtaining the appointment of real property receivers over all collateral types (office, multi-family, retail and industrial)
• Negotiating and litigating title insurance claims and other real property related litigation
• Assisting with all stages of loan workouts, including forbearance agreements, loan modifications, deeds in lieu, short sales and collection actions

Representative Matters

• Campbell v. Hanover Insurance Company, 11-2150 (4th Cir. March 1, 2013) (affirming the grant of summary judgment to surety company on trustee’s preference claims arising from surety’s draw on a letter of credit provided by bonded contractor)
• Harris v. SunTrust Mortgage et. al., 2013 WL 1120846 (M.D.N.C. March 18, 2013) (granting lender’s motion to dismiss claims asserted by borrower, including wrongful foreclosure and violations of TILA, RESPA, HOEPA, FCRA, slander of title and others)
• LFM Real Estate Ventures, LLC  v. SunTrust Bank, 2012 WL 6114242 (W.D.N.C. December 7, 2012) (awarding lender judgment against borrower and guarantors, and dismissing lender liability claims for alleged fraud, predatory lending, breach of contract, breach of fiduciary duty, and unfair and deceptive trade practices)
• In re Versant Properties, 2011 WL 1131057 (W.D.N.C. 2011) (holding that lender, not lien claimants, was entitled to return of excess letter of credit funds drawn by municipal government for subdivision infrastructure)
• Speedway Motorsports International Limited v. Bronwen Energy Trading, Ltd., 706 S.E.2d. 262 (N.C. Ct. App. 2011) (affirming denial of French bank’s request to change venue to Switzerland based on forum selection clause contained in demand guarantee to collateralize international purchase of petroleum products)

News

• Chambers USA 2012 Ranks Parker Poe as Leading Law Firm
  June 7, 2012
• Business North Carolina Names 16 Attorneys to 2012 Legal Elite
  January 9, 2012
• NC Lawyers Weekly Features Will Esser in Pro Bono Story
  Parker Poe Attorney Recognized for Determination and Service
  June 20, 2011
• Will Esser Receives Mecklenburg County Bar Pro Bono Award
  Parker Poe Attorney Recognized as Outstanding Individual Attorney
  May 19, 2011
• Parker Poe Attorney Receives Alumnus of the Year Award
  October 20, 2010
• Chrysler and General Motors Bankruptcy Cases: Time to Revisit Credit Risk Strategies
  Business Law Alert
  June 17, 2009
• Parker Poe Attorney Named to Charlotte Business Journal's 40 Under 40
  June 9, 2009
• Forty-Six Attorneys Named Super Lawyers
  January 26, 2009
• Bankruptcy Checklist for Property Managers
  December 2, 2008
• More than 50 Parker Poe Attorneys among Business Leader's Top Lawyers
  September 24, 2008
• Subcontractors and Material Suppliers Beware: Preference Claims in Contractor Bankruptcies
  American Bankruptcy Institute Journal
  June 15, 2007
• Parker Poe Names New Partners
  January 11, 2007
• Federal Tax Liens / Tenancy by the Entireties
  Bankruptcy Alert
  July 3, 2002
• Understanding “Preferences” - Can Your Bankrupt Customer Recover Payments Made to You?
  February 18, 2002

Events & Speaking Engagements

• Commercial and Residential Landlord Tenant Law
  May 2009
  Charlotte, NC
• Landlord-Tenant Law in North Carolina: Beyond the Basics
  July 2008
  CLE
• Bankruptcy Procedure: From Commencement to Closure, and Everything In-between; Landlord Considerations in View of Recent Substantive Consolidation Rulings; Insurance Issues and Bankruptcy Appeals
  September 2006
  WDNC Bankruptcy Seminar

Memberships

• Mecklenburg County Bar
  Bar Leadership Institute Member, 2011; Communications Committee Member, 2004-2009
• Room at the Inn
  President, 2008-2009
• St. Thomas More Society, Inc.
  President, 2004-2006
• United States Bankruptcy Court
  Chair, Chapter 11 Subcommittee, Western District of North Carolina Local Rules Committee, 2007
• North Carolina Bar Association
  Council Member, Bankruptcy Section, 2004-2006
• Belmont Abbey College
  National Board of Alumni, 2004-2011; Adjunct Professor, Pre-Law Department, Spring 2006