David Samole is a partner at Kozyak Tropin & Throckmorton. He focuses his practice on corporate bankruptcy and insolvency-related litigation matters, representing parties in corporate reorganization, liquidation, workouts and financially distressed transactions. David’s experience includes representing corporate debtors, creditors, committees, trustees and related parties in contested Chapter 11 proceedings, including principals, guarantors and Section 363 asset purchasers in the real estate, hospitality, retail, aviation, banking, healthcare, maritime, and construction industries, as well as in cross-border insolvencies.
David also handles many of the firm’s more complex trustee matters, including in the bank holding and Ponzi scheme litigation contexts, in addition to the firm’s clients facing potential exposure for avoidable transfers under the Bankruptcy Code or under applicable state law. David frequently represents commercial landlords and other corporate entities and counterparties in bankruptcy proceedings and insolvency-related litigation throughout the country. His practice also includes bankruptcy appeals, assignments for the benefit of creditors, receiverships, and serving as a fiduciary or fiduciary counsel in federal bankruptcy and state court liquidation proceedings.
David also has become more active in healthcare litigation. He represents healthcare providers such as hospitals, clinics, and physician groups in disputes with private and government payers. He also counsels such providers on contract negotiations and regulatory compliance issues.
David is the incoming President-Elect of the Bankruptcy Bar Association of the Southern District of Florida, and he also serves as the President of the University of Chicago Alumni Club of South Florida. David is an avid sports fan. He enjoys running on a daily basis and is often present at home games for the Miami Heat. He lives in Miami with his wife, Brigid, who is an attorney and their two children.
Currently, David serves as counsel to the Chapter 11 Trustee (now Plan Administrator) in real estate based bankruptcy proceedings filed by 29 Tenants-in-Common entities, which owned a commercial office building and other acres of land in order to address a foreclosure judgment on appeal and a separate binding pre-bankruptcy $25.9 million purchase and sale agreement on the property. He streamlined litigation with all parties and guided the Trustee’s efforts to settle all disputes with the secured creditor and prepetition buyer and confirm a fast-tracked contested Chapter 11 Plan premised on the marketing and sale of the property, and oversaw the Trustee’s post-confirmation sale of the Property and current post-confirmation administration of the bankruptcy estates. David recently led a group of equity interest holders in the Chapter 11 case of TLFO, LLC in successful litigation to re-characterize approximately $23 million of a secured lender’s claim as equity, improving the equity holder distribution by millions of dollars. He also represents statutory trustees and official creditor committees in bank holding bankruptcy cases such as First State Bancorporation, BankUnited Financial Corporation and MetroBank Financial Services, in litigation over tax refunds, capital maintenance obligations and director & officer claims. He has also acted in a fiduciary capacity as the post-confirmation distribution agent of an individual Chapter 11 debtor estate liquidating litigation claims and other assets. Recently, David was appointed as the fiduciary assignee over Monel, Inc, an international specialty food distributor, and fully liquidated the estate with a return to all creditors within 120 days in state court liquidation proceedings. David also has has also represented bankruptcy trustees, receivers and investors groups to recover proceeds on claims against financial institutions and other third parties emanating from S.E.C. fraud, Ponzi schemes and other misconduct, such as the bankruptcy proceedings involving National Century Financial Enterprises, Royal West Properties, Commodities Online and Private Commercial Offices.
David was part of the bankruptcy team that represented victims of the billion dollar Scott Rothstein Ponzi Scheme, one of the largest Ponzi schemes in history and the largest in Florida history. He 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. The case involved litigating numerous complex issues, some of which threatened the ability of victims to bring lawsuits to recover their losses, and the ultimate negotiation of a favorable treatment for the investors in a confirmed consensual Chapter 11 plan. David also frequently represents the firm’s clients to prosecute, defend or otherwise help resolve insolvency-related litigation, avoidable transfers and other financially distressed transactions, litigation and disputes.
David has successfully represented commercial and private lenders, landlords and corporate creditors in contested Chapter 11 proceedings regarding confirmation hearings, disputed use of cash collateral, bad faith filings, stay relief for cause, letter of credit issues, lease assumption and rejection, discharge litigation and avoidable transfer claims litigation. He also represents claimants pursuing post-confirmation litigation against reorganized debtors or third parties from challenges that Chapter 11 confirmation orders, claims bar dates or sale orders prohibits such litigation, including recent post-confirmation litigation against the Alderwoods/Loewen cemetery conglomerate. David has advised parties on all sides who are subject to troubled loans, pending litigation, post-judgment recovery and other financially-distressed transactions to explore and address workout solutions to maximize a recovery for the creditor or minimize financial disruption to the debtor, borrower, guarantor, etc.
- Bankruptcy Committee Seminar – Extraordinary Remedies: Proceedings Supplementary and Involuntary Bankruptcy (2015)
- Bankruptcy Seminar Series, Dealing with Financially Distressed Customers: Protecting Rights & Maximizing Recovery (2013)
- Association of Corporate Counsel, Annual Conference – Handicapping the Playing Field: Addressing Frequent Issues in Bankruptcy Litigation (2013)
- Bankruptcy Seminar – The Ten Commandments of Commercial Landlords and Tenants in Bankruptcy (2012)
- Bankruptcy Seminar – Secured Creditor Strategies — Maintaining Triple Threat Position: Push, Posture & Maximize Value (2010)
- American Association of Matrimonial Lawyers, 32nd Annual Institute, Keep Your Client From Drowning: How To Deal With Bankruptcies and Foreclosures (2010)
- Bankruptcy Seminar – Divorce Wars: When the DSO Creditor Strikes Back — The Recent Empowerment of a DSO Creditor in Bankruptcy (2010)
AWARDS & RECOGNITION
- Recognized in Best Lawyers in America, Chambers and Partners, Florida Trend, Legal Elite and Super Lawyers publications.
- Finalist for Leaders in Law award by South Florida Business & Wealth Publication (2015)
- “Top 40 Under 40” attorneys in Miami by the Cystic Fibrosis Foundation (2014).