Reorganization and Bankruptcy

Our Reorganization and Bankruptcy Team has decades of experience represent­ing clients in every aspect of reorganizations, restructurings, workouts, bankruptcies, liquidations, and distressed acquisitions and sales, as well as cross-border proceedings. Our team members have fought for our clients' interests in bankruptcy courts throughout the country including: Florida, Pennsylvania, Delaware, Southern District of New York, Arizona, and Texas – and in insolvency proceedings throughout the world including: Italy, Spain, the Dominican Republic, Guatemala, and Mexico.

Our Department was recently was recognized as 2010's Insolvency & Restructuring Firm of the Year, USA by Finance Monthly Magazine. Likewise, our team members have been recognized by inde­pendent third parties as the best in their field, including:

  • Best Lawyers in America
  • Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2007-2012 editions
  • Legal 500 US, 2009 edition
  • PLC Which Lawyer Guide, Restructuring and Insolvency, 2008 through 2011
  • Super Lawyers magazine, 2006-2011
  • 2004 and 2005 Legal Elite, Florida Trend magazine, listing of Florida's top attorneys as selected by their peers
  • “Best of the Bar” by the South Florida Business Journal, April 2003
  • Leading Restructuring and Insolvency Lawyers, PLC Cross-Border Handbook, 2008/09 and 2012
  • Ranked AV® Preeminent 5.0 out of 5*

Our team members have over 30 years’ experience – including the following representations:

Creditor Committee and Creditors

  • Committee of Unsecured Creditors of Innovida Systems – Represented Unsecured creditors in Chapter 11 of this high-tech, transnational company.
  • Committee of Unsecured Creditors of Big Smith Brands – Represented Committee in Chapter 11 reorganization of clothing and uniform apparel manufacturer, recovering over 40% of creditor claims.
  • Committee of Unsecured Creditors of Pallet Systems – Represented Committee in this Chapter 11 liquidation, forcing secured creditor to concede significant portion of proceeds from sale of all assets.
  • Committee of Unsecured Creditors of Mission Health – Represented Committee in company's chapter 11 bankruptcy case, securing a 100% return for the unsecured creditors.
  • Neptune Technologies – Represented petitioning investors in hostile takeover of start-up fishing farming company.
  • Nicaraguan Fish Farms – Represented investor in Nicaraguan insolvency proceedings of fish farm­ing and distribution company.
  • Tricom – Represented major Caribbean bank in prosecuting its claims and objection to plan confir­mation of Tricom in Bankruptcy Court, Southern District New York.
  • Miami Aircraft Repair Facility – Lead recovery of multiple aircraft engines from Mexican insolvency proceedings on behalf of this Miami-based engine leasing and aircraft component repair facility.

Trustee Representations

  • Osorio Trustee – Represented the Chapter 7 Trustee of this celebrated businessman in his personal Chapter 7 liquidation.
  • Gosman Trustee – Represented Chapter 7 Trustee of Abraham Gosman, former Fortune 500 rich­est American, in the recovery and liquidation of assets secreted in Switzerland and other asset pro­tection havens, including a 6 1/2-acre oceanfront mansion, millions of dollars of artwork, and controlling interests in several hundred corporations, partnerships, limited liability companies and other entities, resulting in a significant return to unsecured creditors.
  • Thomas A. Warmus, Chapter 11 Trustee – Represented Chapter 11 Trustee of the most cunning fraud perpetrators in Florida history, and spear-headed efforts that led to his conviction for fraud and imprisonment.
  • Reed Slatkin Trustee – Represented the liquidating trust for the estate of Reed E. Slatkin, perpe­trator of a $250 million Ponzi scheme, in multiple fraudulent transfer actions.
  • Southeast Banking Corp. – Represented Chapter 7 Trustee for Southeast Banking Corporation, returning 119% dividend to creditors from proceeds of litigation settlements with Federal Deposit In­surance Corporation and liquidation of other assets.
  • Biomass Processing – Represented chapter 7 Trustee in securing and selling $25 million start-up bioprocessing facility.

Debtor Representations

  • First Foliage, LLC – Represented one of the largest nurseries in the country in its Chapter 11, re­sulting in the sale of the company as a going concern for $21 million dollars.
  • Fine Air Corporation – Represented this international air cargo operator, and its affiliates in $275 million Chapter 11 reorganization.
  • Gerald Stevens, Inc. – Lead Chapter 11 reorganization of $300 million, publicly traded nationwide flower retailer.
  • Burt Reynolds and Burt Reynolds Productions – Advised this famous actor in his successful Chapter 11 reorganization.
  • Insight Technologies – Represented environmental remediation company in its prepackaged Chap­ter 11 case, resulting in plan confirmation in a record 40 days.

Department of Justice Appointments

  • Privacy Ombudsman, U.S. Department of Justice – Appointing Consumer Privacy Ombudsman by United States Department of Justice in several Chapter 11 matters, including Sound Advice, ViCorp Restaurants, Harlem North General Hospital, and HearUSA bankruptcies.

Litigation Matters

  • Kendall Land Development – Represented major land developer in defense of $50 million fraud­ulent conveyance claim brought by committee of unsecured creditors of TOUSA.
  • Stuart Rosenfeldt – Represented partner of Scott Rothstein in government and bankruptcy trustee investigations and subsequent litigation.

Our attorneys thus have broad and deep experience representing all of the parties in bankruptcies and restructurings, both in-court and out-of-court, including debtors, official and ad hoc committees of creditors, investors and purchasers of assets, debt instruments or equity of troubled companies, se­cured and unsecured creditors and DIP lenders, boards of directors and board committees, trustees, receivers, examiners, indenture trustees and other fiduciaries.

We welcome the opportunity to discuss the ways in which we can help you or discuss your needs and concerns.

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