Matthew R. Duncan

Partner

As a litigation attorney, Matt's primary goal is to problem solve and be his clients' advocate.  He represents businesses, individuals, banks, property owners and families seeking solutions in areas of conflict.

Matt's practice focus is litigation involving business disputes, creditors' rights, intellectual property infringement, probate matters, landlord-tenant disputes, toxic torts/asbestos litigation defense and oil and gas rights.

 

 

Contact Information

75 East Market Street. Akron, Ohio 44308
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Education

Case Western Reserve University Law School, J.D., cum laude
Wheaton College, B.A., summa cum laude

Overview

Matt's experience and knowledge of potential outcomes in litigation reduces his clients' risks.  He represents his clients in a clear and understandable manner in order to convince a judge or jury of his client's position.  

Representative Experience

  • Experienced in a broad range of litigation areas, including commercial litigation, creditors' rights, intellectual property infringement, probate litigation, toxic torts and asbestos litigation defense, foreclosures and evictions.
  • Experienced with First Amendment constitutional issues and writing rules and regulations for governmental clients.

Creditors' Rights Experience

  • Represents banks and other lenders in loan workouts
  • Represents creditors in all facets of bankruptcies, including but not limited to: 
    • Objecting to bankruptcy plans and disclosure statements
    • Obtaining relief from bankruptcy stays
    • Defending preference actions and other adversary proceedings
    • Prosecuting fraudulent transfer actions
    • Defending objections to proof of claims
    • Making and enforcing demands for adequate assurance of future performance
  • Experienced in all areas of commercial and consumer debt collection, including but not limited to:
    • Wage garnishments
    • Account attachments
    • Debtor exams
    • Seizure and sale of personal property
    • Filing creditors’ bill actions
  • Handling foreclosure actions from filing through property sale and distribution of proceeds
  • Representing receivers and creditors in receiverships
  • Experienced with preparing, recording and enforcing mechanics' liens
  • Prosecuting fraudulent transfer litigation in state and bankruptcy courts, including the Bankruptcy Appellate Panel for the 6th Circuit
  • Preparing and filing UCC financing statements
  • Preparing reaffirmation agreements
  • Enforcing Cognovit Notes

Honors & Awards

  • Selected for inclusion in Ohio's Super Lawyers® - Rising Star™ (2012-2015)
  • Ohio State Bar Foundation Community Service Award (2016)
  • Greater Akron Chamber of Commerce 30 for the Future Award Recipient (2013)

Courts & Bar Associations

  • Ohio Bar
  • Akron Bar
  • American Bar Association
  • Federal Bar Association, Northern District
  • U.S. Supreme Court
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. Court of Appeals, Sixth Circuit

Professional & Civic Affiliations

  • Board Member, Rahab Ministries (2019)
  • Member, Leadership Akron Class 2016
  • Board Member, The Love Akron Network
    • Past Board Chair, The Love Akron Network
  • Past Board Member, Big Brothers Big Sisters of Summit, Medina & Stark Counties
    • Past Board President, Big Brothers Big Sisters of Summit, Medina & Stark Counties
  • Member, Scanlon/Bell Inn of Court
  • Volunteer Guardian, Summit County Probate Court, Volunteer Guardian Program

Presentations 

  • "Resident Landlord-Tenant Law in Ohio," Lorman Education Seminar
  • "Residential Landlord-Tenant Law: Leases, Evictions, Litigation and Settlements," Sterling Education Services (2015)
  • "Landlord-Tenant Evictions, Court and Litigation," Sterling Education Services Seminar
  • "Residential Landlord-Tenant Law in Ohio," Lorman Education Seminar
  • Akron Board of Realtors Mock Trial on Landlord-Tenant Disputes
  • "Fiduciary Duties of Nonprofit Board Members," Ohio Youth Soccer Association Workshop
  • "Risk Management and Fiduciary Responsibilities," Ohio Youth Soccer Association North Annual Meeting
  • "Advancing the Board: Board Leadership," Big Brothers, Big Sisters of America Workshop

Publications

  • "New Laws Seek to Modernize Foreclosure Process," Properties Magazine (2016)
  • Quoted in "New rules governing foreclosures set to take effect," Akron Legal News (2016)
  • "Common mistakes in product liability cases," Akron Legal News (2015)
  • "Municipal Permits for Fracking Struck Down," Properties Magazine (2015)
  • Quoted in "Late Rent Payments: Do's and Don'ts for Landlord," Akron Legal News (2014)
Contact Matthew Today!