Represented Chapter 7 bankruptcy trustee of All Star Mortgage Financial. The representation included selling real property pursuant to Section 363 of the Bankruptcy Code, and prosecuting claims against third parties, including claims for the avoidance of transfers, professional malpractice, fraud and breach of fiduciary duty.
Represent numerous Chapter 7 bankruptcy trustees in corporate and individual Ch. 7 cases. Routinely advise trustees in the connection with the sale of estate assets pursuant to Section 363, prosecution of avoidance claims and prosecution of Section 727 actions.
Representation of a Chapter 7 bankruptcy trustee of a liquor store. This case required operating the business for a limited period of time while in Chapter 7, and the 363 sale of the liquor license owned by the debtor.
Representation of a leading international fruit company in the Chapter 7 bankruptcy case of an individual debtor.
Representation of a secured creditor in a Chapter 11 bankruptcy case filed in the Southern Ditrict of Florida concerning a tract of land located in Brooklyn, New York. MRB filed and prosecuted a motion to dismiss the Chapter 11 case, which ultimately led to the debtor dismissing its Chapter 11 case.
Representation of the Chapter 7 bankruptcy trustee in the Chapter 7 bankruptcy filing of a high profile Miami developer. After the filing of a complex lawsuit and the recordation of a lis pendens against numerous properties located in Miami-Dade and Broward counties, the Debtor waived his right to a Chapter 7 discharge and settled certain transfers with the bankruptcy estate for $1.1 million.
In re Sundale and Kendall Hotel & Suites - Represented the debtors, who owned a large tract of real estate with an operating hotel, in their Chapter 11 proceedings. The debtors confirmed a Chapter 11 plan of reorganzation.
Bankruptcy and Restructuring, Commercial Litigation, Financial Fraud
Representation of the Chapter 7 Trustee and Michael Budwick served as the receiver appointed by the United States District Court in a $19 million Ponzi scheme case perpetrated by Thomas Abrams. Brought a variety of litigation claims and reached a multi-million dollar settlement of an aiding and abetting claim against Fidelity Federal Bank & Trust, N.A.
Representation of the assignee, pursuant to Chapter 727 of the Florida Statutes, of a company in the business of distributing recording devices throughout Central and South America.
Commercial Litigation and Restructuring
Represented group of guarantors of a $19.6 million credit facility collateralized by real estate, and negotiated a settlement that included a discount payment to release the guarantors and a release of the lender's mortgage lien on the real estate at issue.
Representation of the principal of a large South Florida based company accused of breach of fiduciary duty and negligence by the company's creditors.
Vision Development Group, LLC - representation of the developer of a large condominium conversion project and its principal member in connection with litigation and a workout with the senior secured lender, Corus Bank, and various mezzanine lenders.
Representation of developers in Sarasota, Florida in its sale of 100+ developed lots in a planned development community.
Representation of family run company in its acquisition of various parcels of land on the Miami River.
Real Estate, Commercial Litigation, Bankruptcy and Restructuring
Represented Hyperion Partners in connection with acquisition of loan encumbering the Onyx Condominium project, related litigation and bankruptcy to gain control of project, modification of condominium documents and end sale of balance of acquired condominium units.
Represented Kenneth A. Welt, as the Chapter 7 bankruptcy trustee for the estate of Ali Reza Zargaran in a trial in the District Court for the Southern District of Florida. Successful avoided the transfer of Texas property to and deemed the property in Texas an asset of the Chapter 7 bankruptcy estate.
Represented a leading real estate brokerage firm in its claims for malpractice, fraud, and breach of fiduciary duty against separate accounting firms and individual accountants. The matter resolved presuit for a confidential amount paid to our client.
Representation of a Chinese steel conglomerate in the bankruptcy case of the Plantation Fashion Mall. Successfully secured client’s position as the largest creditor in the case, and obtained a settlement with the bankruptcy trustee ensuring it received over 90% of the funds distributed by the bankruptcy trustee. The amount at issue was in excess of $100MM.