PRACTICE AREAS

  • Commercial Bankruptcy
  • Corporate Restructuring
  • Fraud and Insolvency Related Litigation
  • UCC
  • Creditors' Rights
  • OutofCourt Workouts
  • High Net Worth Individual Chapter 11 Cases
  • Bankruptcy Appeals
  • Assignments for Benefit of Creditors and Receiverships
  • Representation of Trustees and Receivers

Our experience spans the vast, complex and challenging

universe of issues that surface in bankruptcy cases.

 

RESULTS

COMMERCIAL BANKRUPTCY AND CORPORATE RESTRUCTURING

We help clients who are in financial distress by utilizing the bankruptcy system for its intended results – the reorganization of troubled companies to maximize recoveries by creditors and other parties in interest, and to preserve going-concern value and jobs whenever possible.

Our team 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. We successfully negotiated and confirmed a consensual Chapter 11 plan that enabled the company to continue operations and emerge with a healthy balance sheet.

We represented the corporate owner of a large South Florida shopping center with severe financial troubles. The case involved multiple layers of complex issues involving the property and its tenants, an internal shareholders dispute, and guaranty obligations of the shareholders. We negotiated a settlement that solved all of these issues and was incorporated into a confirmed Chapter 11 plan.

We represented the owners of the One Bal Harbour Resort  Spa in a Chapter 11 reorganization by which the property was successfully sold to the condominium association and substantial claims and litigation were resolved through a confirmed Plan. 

We regularly represent creditors in commercial Chapter 11 cases and Chapter 7 liquidations as well. In the recent Chapter 11 of a Florida company that owned an asphalt refinery in Texas, we successfully resolved a multitude of claims asserted against a substantial creditor of the company and ensured that the creditor’s claims will be paid in full from the proceeds of a sale of the refinery.

We also specialize in representing high net worth individuals in restructuring their debts, sometimes without resorting to the public forum of bankruptcy.

INSOLVENCY AND FRAUD RELATED LITIGATION

Our combined bankruptcy and litigation experience is particularly valuable in matters that involve fraud and insolvency related litigation. We regularly prosecute and defend multi-million dollar “clawback” actions and other litigation matters arising out of corporate bankruptcies and other insolvencies, including claims by and against investors in Ponzi schemes.

We represented victims of the billion dollar Scott Rothstein Ponzi scheme, one of the largest Ponzi schemes in history and the largest in Florida history. We were 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. We served as lead bankruptcy counsel in litigating numerous complex issues, ultimately preserving the clients’ ability to realize substantial recoveries from non-bankruptcy litigation against co-conspirators while also receiving favorable treatment under the confirmed Chapter 11 bankruptcy plan.We represented prominent attorneys who obtained a multi-million dollar judgment against other lawyers who had cheated them out of significant attorney fees after the defendant attorneys filed bankruptcy and sought to wipe out the judgment. We succeeded at the trial and appellate levels in obtaining a judgment that the debt was not discharged in bankruptcy.

We represented attorneys falsely accused of misconduct in connection with a bankruptcy case. After a three-day trial we obtained a ruling that the attorneys had committed no misconduct of any kind, then successfully defended the ruling through two levels of appeals.