PRACTICE AREAS

  • Bankruptcy
  • Complex Litigation
  • UCC
  • Creditor’s Rights
  • Debtor’s Remedies
  • Corporate Restructuring
  • Insolvency Litigation
  • Appeals
 

Chuck Throckmorton is a founding member of Kozyak Tropin & Throckmorton and leads the firm’s bankruptcy department. Chuck’s practice focuses on bankruptcy, creditors’ rights and complex commercial litigation matters. He has successfully represented numerous companies in Chapter 11 reorganizations and also regularly represents lenders, secured and unsecured creditors, creditors’ committees, and trustees in bankruptcy matters.

Chuck is a Fellow of the American College of Bankruptcy, which is “an honorary public service association of bankruptcy and insolvency professionals who are invited to join as Fellows based on a proven record of the highest standards of professionalism plus service to the profession and their communities.”

Chuck was named Miami’s 2014 “Lawyer of the Year” in the field of Bankruptcy Law by Best Lawyers in America. He has been rated “AV” by Martindale-Hubbell since 1985, and is now rated “AV Preeminent” by that publication. The Miami Daily Business Review named Chuck as Miami’s “Most Effective Lawyer” in the field of bankruptcy in 2013.  Out of over 72,000 Florida lawyers, Chuck is one of 119 members of Florida Trend Magazine’s Legal Elite  Hall of Fame.

Chuck has extensive experience in debt restructurings and workouts, bankruptcy sales, pre-bankruptcy planning, fraudulent conveyance and preferential transfer litigation, and all forms of commercial disputes that arise from secured transactions, lending agreements, and business contracts. 

Chuck is also an experienced trial and appellate attorney who has litigated many jury and non-jury matters in federal and state trial and appellate courts in Florida and elsewhere around the country. He handles many of the firm’s appellate cases for both bankruptcy and litigation matters. He regularly lectures and writes on bankruptcy and commercial law.

Chuck is a music enthusiast and plays both the electric and acoustic guitar.  He is an avid reader and traveler. Chuck and his wife, Karen, are active in various children’s advocacy groups. They have two sons, Charles, an attorney with the Miami firm of Carlton Fields Jorden Burt, and Michael, an accountant with KPMG in Dallas.

 

RESULTS

Bankruptcy Litigation

Chuck has represented a wide array of clients in bankruptcy litigation.  He frequently serves a “lawyer’s lawyer,” representing other lawyers and law firms who become parties to bankruptcy litigation. He represented a group of law firms who had obtained a multi-million dollar judgment against other attorneys who had cheated them out of significant fees.  When the defendant attorneys filed bankruptcy, Chuck succeeded at trial and appellate levels in obtaining a judgment that the debt was not discharged in bankruptcy.

In another case, Chuck represented attorneys falsely accused of misconduct in connection with a bankruptcy case.  After a three-day trial, Chuck obtained a ruling that the attorneys had committed no misconduct of any kind.  He then successfully defended this result before two levels of federal appellate courts. 

Complex Litigation

Chuck recently represented the largest group of victims of the billion dollar Scott Rothstein Ponzi Scheme, one of the largest Ponzi schemes in history and the largest in Florida history.  Chuck was part of the lead counsel team of lawyers in this complex case, which involved simultaneous litigation in bankruptcy court, state court, and U.S. District Court.  Chuck served as lead bankruptcy counsel in litigating numerous complex issues, some of which threatened the ability of victims to bring lawsuits to recover their losses, and ultimately negotiating a favorable treatment for the investors in a confirmed consensual Chapter 11 plan.

Chuck is currently representing a group of clients in complex litigation pending in multiple courts concerning a dispute over ownership of a Texas oil refinery, and various ancillary litigation matters related to that dispute. He is also defending a financial institution accused of aiding and abetting a multi-billion dollar Ponzi scheme.

Corporate Restructuring

Chuck takes particular satisfaction from opportunities to help individual and corporate clients who are in financial distress by utilizing the bankruptcy system for its intended results – a “fresh start” for honest debtors who become burdened by excessive debt, and reorganization of troubles companies to preserve jobs and going-concern value.  Chuck has extensive experience in representing high net-worth individuals in restructuring their debts, often helping them return to financial stability without resorting to the public forum of bankruptcy.

Chuck recently led a team that represented the corporate owner/operator of a prestigious golf facility on the west coast of Florida.  The company required a debt restructuring in the aftermath of the 2008 financial crisis and the accompanying downturn in Florida real estate values.  Chuck and his team successfully negotiated and confirmed a consensual Chapter 11 plan that enabled the company to continue operations and emerge with a healthy balance sheet.

Chuck represented the corporate owner of a large South Florida shopping center with severe financial troubles.  The case presented multiple layers of complex issues involving the property and its tenants, an internal shareholder dispute, and guaranty obligations of the shareholders.  Chuck negotiated a settlement that resolved these issues and resulted in a confirmed Chapter 11 plan.