Meet Our Professionals

Robert C. Byrd

Partner
Charleston | 843.727.2665
Fax | 843.720.1777
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Bobby Byrd has more than three decades of litigation experience, primarily representing national and community banks, commercial finance companies, special servicers, and other lending institutions in connection with non-performing loans. His experience includes judicial foreclosures, actions to collect promissory notes, guaranty suits, bankruptcy proceedings, and claim and delivery (replevin) actions, in addition to defending entities against lender liability claims.   

He also handles real estate-related litigation, including construction litigation, reformation and quiet title actions, boundary and easement disputes, landlord-tenant disputes, and tax sale litigation. In addition, Bobby represents parties to disputes arising out of commercial contracts and other business arrangements, including partnership disputes, business dissolutions, and other types of commercial litigation. He also has considerable experience handling first-party insurance litigation, including coverage disputes and bad faith actions. He is admitted to all state and federal courts in South Carolina, as well as the Fourth Circuit Court of Appeals and the United States Supreme Court.

When he is not practicing law, Bobby is very involved in church and community activities. He currently serves as president of the Charleston Stage Company's board of trustees. He has also served on the Charleston Habitat for Humanity's board of directors and can usually be found at a Habitat construction site on Saturday mornings.

Representative Experience

  • In re Jate IV Trust, C/A No. 15-3834-DD (Bankr., D.S.C., filed 12/20/16), appeal dismissed, C/A No. 2:17-cv-00037 (D.S.C., filed 2/17/17). Successfully represented bank in obtaining dismissal of Chapter 11 bankruptcy case for bad faith filing and in obtaining subsequent dismissal of appeal to federal district court.
  • Wells Fargo Bank v. 3-H, LLC, et al., Case No. 2016-CP-32-1566 (S.C.Cir.Ct., Lexington County, filed 11/14/16). Successfully represented bank in obtaining summary judgment setting aside county tax sale of mortgaged property on grounds of insufficient and unconstitutional notice.
  • Wachovia Bank v. Blackburn, 407 S.C. 321, 755 S.E.2d 437 (2014). Successfully represented bank before state Supreme Court in decision unanimously upholding validity and scope of jury trial waiver in bank's loan documents.
  • In re Stacy's Inc., 508 B.R. 370 (Bankr., D.S.C. 2014). Successfully represented bank in recovery of over $19 million and in court’s denial of debtor's motion to  surcharge bank's cash collateral.
  • Union Ins. Co. v. Soleil Group, Inc., 465 F.Supp.2d 567 (D.S.C. 2006) and 585 F.Supp.2d 783 (D.S.C. 2006). Successfully represented hotel owner in obtaining dismissal of declaratory judgment action brought by insurance company to determine coverage, on grounds of ripeness.
  • GMAC Commercial Mortgage Corp. v. Roberts, 2005-UP-542 (S.C.Ct.App. 2004). Successfully represented mortgage lender in unpublished decision upholding validity of jury trial waiver in loan documents.
  • J.W. Hunt and Company v. Davis, 313 S.C. 352, 437 S.E.2d 557 (Ct.App. 1994). Co-counsel in successfully representing accounting firm in decision enforcing liquidated damages provision against accounting partner withdrawing from firm.

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Honors & Awards

  • Woodward/White’s The Best Lawyers in America in Bankruptcy Litigation, 2012-2019
  • Woodward/White’s The Best Lawyers in America "Lawyer of the Year" in Charleston for Bankruptcy Litigation, 2014
  • Benchmark Litigation, Local Litigation Star in South Carolina, 2013-2018
  • Charleston Business Magazine's "Legal Elite" in Bankruptcy & Creditors' Rights, 2018; Business Litigation, 2017
  • South Carolina Super Lawyers, 2008-2018
  • Super Lawyers Business Edition, Creditors’ and Debtors' Rights, 2015
  • Francis I. Parker Pro Bono Award, 2008
  • Martindale-Hubbell, AV Preeminent, Peer Review Rated
  • Order of the Coif
  • Order of the Wig and Robe
  • South Carolina Law Review, Editorial Staff 1983-1985
  • Phi Beta Kappa

Memberships

  • South Carolina Defense Trial Attorneys Association
  • American Bankruptcy Institute
  • South Carolina Bankruptcy Law Association
  • Charleston Stage Company, Board of Trustees, President
  • Charleston Habitat for Humanity, Board of Directors, Former Member
  • First (Scots) Presbyterian Church, Ordained Elder and Former Vice-Clerk of Session
  • Charleston-Atlantic Presbytery, Coordinating Committee, Past Chair