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Creditors’ Rights and Bankruptcy


Overview

Our extensive insolvency, reorganization, and restructuring practice includes the representation of foreign and domestic commercial lenders, creditors’ committees, unsecured creditors, Chapter 11 and Chapter 7 trustees, court-appointed receivers, assignees, landlords, bondholders, and purchasers of assets of bankruptcy estates. We have also represented debtors in possession in several large Chapter 11 cases.

Our attorneys have wide-ranging experience with loan workouts, debt restructuring, federal bankruptcy matters, state court insolvency proceedings, and all related litigation and transactional matters, including Chapter 15 proceedings, Section 363 sales, post-petition lending, contested confirmation hearings and objections to discharge. We have defended some of the largest and most complex director and officer claims in Florida and elsewhere, and have prosecuted and defended significant preference and fraudulent transfer claims. Our attorneys have also represented creditors and assignors in many of the most complex assignments for the benefit of creditors around the country.

Members of our group include a SIPC liquidation trustee, business bankruptcy attorneys board certified by the American Board of Certification, and former presidents and board members of local bankruptcy bar associations.
 

Experience

​Creditor Representation

  • Represented Blackstone Group subsidiary in negotiation of § 365 assumption and modification of multimillion-dollar, multiyear-lease with data solutions provider TLO, and assignment to TransUnion in connection with $154 million § 363 sale.
  • Restructured $200 million in loans to significant commercial real estate developer.
  • Represented a national financing company and plan proponent in the Optical Technologies, et al. Chapter 11 bankruptcy cases (Recomm) (Lead Case No. 96-00805). The client financed thousands of equipment leases pre-petition and provided post-petition financing. We also represented the financing entity post-confirmation in liquidating their portfolio.
  • Represented secured lenders in major condominium project bankruptcy case resulting in lender’s full payment.
  • Represented secured lender in bankruptcy case of QOC I, LLC, a $138 million viatical bankruptcy case.
  • Represented landlord in negotiated assignment of multimillion-dollar lease to national credit bureau in connection with buyer’s $154 million purchase of assets from national data solutions provider Chapter 11 bankruptcy estate.
  • Represented secured lender group owed more than $500 million in the Ginn-LA St. Lucie, Ltd., LLP et al. bankruptcy case, resulting in sale of assets securing lending group’s claims.
  • Represented several nationwide landlord entities regarding various tenant issues in bankruptcy including expediting recovery of leased premises, managing negative impacts resulting from tenant’s liquidation, recovery of administrative expenses, and preparation of proofs of claim.


​Chapter 15 and Other International Insolvency

  • Defended several major insurers in negotiations with and action brought by the Liquidating Trustee in the Hovensa, LLC bankruptcy proceeding in the U.S. Virgin Islands, the largest bankruptcy filed in that district.
  • Represented Brazilian clients in significant Chapter 15 proceedings in Florida. Our representation in part helped define the scope and limits of such proceedings in the United States.
  • Represented multinational entity in connection with Caribbean insolvency dispute involving intersection of secured creditor and landlord rights.


​Bankruptcy Sales

  • Represented stalking horse bidder and successful buyer of publicly-traded e-commerce company in Southern District of Florida proceeding.
  • Represented stalking horse bidder of large health services provider in New Hampshire bankruptcy proceeding.


​Trustee and Fiduciary Representation

  • Represented assignee in the liquidation of Butler & Hosch, one of the country's largest residential foreclosure law firms, with 16 affiliates spanning 26 offices nationwide and claims in excess of $100 million.
  • SIPC liquidation trustee in North American Clearing, Inc. liquidation.
  • Represented Chapter 7 Trustee in liquidation of Shells Seafood Restaurant chain.


​Director and Officer Representation

  • Defended former officers and directors and negotiated multiparty settlement with Chapter 7 trustee and term lenders in connection with failed $2.9 billion Fontainebleau Las Vegas project.
  • Defended six former officers of publicly-traded company Avantair, Inc., against claims for breach of fiduciary duty, among other things, asserted by Ch. 7 bankruptcy trustee and others in multi-claimant proceedings.
  • Defended board of not-for-profit in multiparty dispute and settlement in connection with failed high-profile charity.
  • Represented general partner in the Kaiser Aluminum Corp, et al Chapter 11 proceedings in the District of Delaware wherein we preserved a right of first refusal relating to the auction of a $331 million partnership interest.

Insurance Industry Representation
  • Our group is particularly specialized in navigating insolvency-related issues impacting the insurance industry. We have represented insurers and insureds throughout the country in complex bankruptcy disputes involving coverage, claims administration, officer and director liability, and warranty matters.

  • Defended several major insurers in negotiations with and action brought by the Liquidating Trustee in the Hovensa, LLC bankruptcy proceeding in the U.S. Virgin Islands, the largest bankruptcy filed in that district.
  • Represented insurance company in TOUSA, Taylor Bean & Whitaker Mortgage Corporation, Gulfstream International Group, and GunnAllen Financial, Inc. bankruptcy cases.
  • Negotiated assumption and assignment of administration agreement between RadioShack and extended service contracts provider in connection with $26 million § 363 sale of 1,743 RadioShack stores and related assets to Standard General subsidiary.

All Insights

Playing the Blame Game: Fiduciary Duty Litigation in Bankruptcy Proceedings

Playing the Blame Game: Fiduciary Duty Litigation in Bankruptcy Proceedings

June 8, 2017

Businesses and other organizations fail from time to time. That is a reality of our capitalist system.

Key Contacts

Other Team Members

Gary L. Sasso

Gary L. Sasso

President and Chief Executive Officer

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Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.