M. Kevin McCarrell is a Certified Specialist in Bankruptcy and Debtor-Creditor Law, as certified by the Supreme Court of South Carolina. He is member of the firm's Litigation group, focusing on business, commercial, and real estate litigation with an emphasis on creditors' rights and bankruptcy.
Mr. McCarrell has experience representing banks, trade creditors (including in the healthcare, transportation, and agriculture industries) and other financial services companies in workouts, mortgage foreclosures, and debt collection matters in which creditors are seeking to recover on troubled assets or seeking to recover under conversion or fraud theories. Mr. McCarrell also represents creditors and others in defending lender liability actions and consumer suits (including FDCPA, FCRA, TCPA, RESPA, ECOA, and other federal protection statutes, and/or state consumer protection code matters).
In the bankruptcy realm, Mr. McCarrell assists in protecting creditors’ and others’ rights by pursuing relief from stay, defending rights in the context of a 363 sale, objecting to dischargeability of certain debts, defending preference or fraudulent transfer claims, or even simply filing proofs of claim.
Mr. McCarrell represents businesses in a variety of contract disputes and business torts including veil piercing or alter ego actions, breach of fiduciary duty actions, successor liability actions, or unfair trade practices actions.
Another aspect of Mr. McCarrell’s practice includes real estate litigation from quiet title actions and partition actions to landlord/tenant eviction and collection matters.
An active member of the Greenville community, Mr. McCarrell currently serves as the Chair of Compass of Carolina, a local non-profit counseling agency, and he is a member of Leadership Greenville Class 43. Mr. McCarrell has previously served as both a loaned executive and the SML Campaign Coordinator for the Greenville County United Way. Mr. McCarrell was selected as an honoree for Greenville Business Magazine’s 2016 Best & Brightest, as well as South Carolina Lawyers Weekly’s 2017 Leadership in Law. Mr. McCarrell co-chaired the 2016 and 2017 South Carolina Bankruptcy Law Annual Seminar, and was appointed by the South Carolina Bankruptcy Court to serve on the 2017 Advisory Committee on Local Rules and Practice. He was also awarded the “very prestigious” Good Egg Award by his colleagues at SML in 2011.
Mr. McCarrell is a “Double Gamecock,” receiving his juris doctorate, cum laude, from the University of South Carolina School of Law, serving as research editor for the South Carolina Law Review, and his bachelor’s degree magna cum laude from the Darla Moore School of Business (Finance and Economics) with honors from the University of South Carolina Honors College.