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.
Bankruptcy and Restructuring
Represented Lexi Development Company, Inc., the owner of the Lexi condominium mixed use development, in its Chapter 11 bankruptcy, in which the Debtor successfully eliminated default interest, avoiding foreclosure and preserving equity for the benefit of the Debtor’s principals.
Bankruptcy and Restructuring
Represented Sagamore Partners, Ltd., the owner of Sagamore, The Art Hotel located on South Beach, Florida, in its chapter 11 reorganization from which the Debtor emerged with a confirmed plan and successfully reinstated its CMBS secured loan obligations, while avoiding the payment of more than $8 million in default interest and attorneys' fees over the objection of the special servicer, LNR Partners, LLC. Sucessfully avoided foreclosure and preserved equity for the benefit of the Debtor’s principals.
Bankruptcy, Financial Fraud
Representation of insurance company in defense of fraudulent conveyance action brought by bankruptcy trustee. Following protracted litigation, obtained very favorable settlement.
Bankruptcy, Financial Fraud
Representation of group of defendants sued by bankruptcy trustee under various theories of fraudulent transfer in connection with transfers totaling approximately $14 million.
Bankruptcy and Restructuring; Commercial Litigation
Successfully reorganized a 147-unit condominium hotel in South Florida in a chapter 11 reorganization proceeding. Successfully negotiated with multiple levels of secured and unsecured creditors to obtain a highly favorable result.
Bankruptcy and Restructuring, Financial Frauds, Commercial Litigation, Creditors' Rights
Representation of bankruptcy trustee for two south florida based hedge funds that suffered $1.1 billion in losses in connection with the $3.5 billion Ponzi scheme perpetrated by Thomas J. Petters in Minneapolis, the third largest financial fraud in U.S. history. Prosecuted over 140 adversary proceedings including claims for accountant and attorney malpractice and clawback of fraudulent transfers as well as a $1.1 billion conspiracy claim against one of the nation's largest financial institutions. Representation of client as one of three members of the Petters Company, Inc. Official Committee of Unsecured Creditors in Minnesota.
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.
Representation of Florida corporation for claims of fraud and breach of contract against several parties in connection with the sale of the assets of several businesses.
Representation of management company in connection with its unlawful termination.
Represented bank against claims of usury brought by borrower in connection with various financing agreements.
Represented guarantors and owners of commercial property in Broward County, Florida and negotiated a highly favorable settlement, including a discounted payoff, release of all liens, and release of the guarantors.
Represented the owner of commercial property in Palm Beach County, Florida in a commercial foreclosure action that resulted in a highly favorable settlement
Representation of owner of commercial property in litigation against secured lender and special services in connection with a $27 million loan.
Corporate, Commercial Litigation
Representation of Florida corporation to assist in winding down its affairs, dissolving the corporation, and settling all obligations with lending institutions, vendors and creditors.
Commercial Litigation, Trade Secrets
Representation of Crown Linen, LLC in a trade secrets, FDUTPA, and tortious interference claim against its former sales director, who started a competing company. Obtained a jury verdict in Crown Linen's favor.
Commercial Litigation, Bankruptcy
Represented judgment creditor against insurance company, and successfully defeated the insurance company's claims that actions could not be brought against it as a result of the insured debtor's discharge in bankruptcy.
Financial Fraud, Commercial Litigation, Bankruptcy and Restructuring
Represented a group of major clawback defendants in the Nevin Shapiro ponzi bankruptcy case who were sued for more than $50 million. Obtained a very favorable ruling on a motion to dismiss which led to settlement of the case at less than 1.5% of the originally sought amount.
Representation as local counsel to handle proceedings in the U.S. District Court in relation to letters rogatory issued by a Mexican federal court.
Represented a school management company in a breach of contract case. The case was adjudicated before a three-member arbitration panel composed of two former judges, and it proceeded to a contested, week-long final evidentiary hearing. Following the hearing, the panel entered an order affirming our client's claims and rejecting the respondent's affirmative defenses.
In December 2014, the firm accepted a pro bono case through Dade Legal Aid/Put Something Back, to serve as an Attorney ad Litem for Jake (the minor client’s real name is not being provided in order to preserve his privacy). Jake grew up in a home where he was witness to drug use and violence, and subject to significant neglect. Following the termination of Jake’s parents’ parental rights, Jake was placed with his maternal aunt. The firm negotiated and received Court-approval of a case plan for Jake’s aunt, setting forth various tasks for Jake’s aunt to complete in order to establish that it was in Jake's best interest to be returned to his aunt’s custody. Following Jake’s aunt’s successful completion of her case plan, the firm moved to place Jake back in his aunt’s custody. After a three-day contested evidentiary hearing, the Court granted Jake’s request to be reunified with his aunt.
Represented the debtor, which was the owner and operator of the Sagamore Hotel in Miami Beach, Florida. Following a contested confirmation hearing, the Bankruptcy Court confirmed Sagamore's amended reorganization plan.
Receiverships and Assignments
Represented a secured creditor in a receivership in Broward County and obtained a very favorable result for the client.