Corporate Formation & Governance, Commercial Litigation

PRACTICE AREAS

BANKRUPTCY & CREDITORS’ RIGHTS

The Firm represents debtors, creditors in

Chapter 7 Liquidations
Chapter 9 Municipalities
Chapter 11 Individual and business reorganizations
Chapter 12 family farmers and fisherman
Chapter 13 Individual repayment plans
Chapter 15 Cross Border insolvencies

The Firm also represents parties in bankruptcy litigation, distressed asset purchasers in bankruptcy auctions and sales, in and out of court debt restructuring and assignments for the benefit of creditors. Using its unique perspective representing creditors and debtors alike, the Firm is able to assist banks and other financiers in proceedings throughout Florida in loss prevention and recovery, judgment enforcement and collections. The Firm’s client have included, banks, lenders, landlords, property managers, homeowner’s and condominium associations, equipment and automobile lenders and various judgment holders.

Real estate is the driving force behind commerce in the state of Florida. It is also the driving force behind most of the bankruptcy filings in Florida. Whether a property is in foreclosure, subject to eviction proceedings, over-leveraged or otherwise distressed, the Firm regularly represents property owners and lenders and lienholders in legal proceedings in and out of the Florida courts. When out of court negotiations are unsuccessful, the Firm utilizes the Bankruptcy Code on behalf of its property- owner clients to modify the rights of most lienholders and landlords, making bankruptcy relief a powerful tool for the owners of distressed real estate.

The Firm has also successfully reorganized many business including, private and public companies in the agricultural, airline, construction, healthcare, hospitality, manufacturing, manufacturing, retail, telecommunications, technology and accessories and transportation and is familiar with the legal issues and regulatory schemes facing many business owners.

BUSINESS AND REAL ESTATE REORGANIZATIONS

CORPORATE FORMATION & GOVERNANCE

When it comes to choosing the appropriate corporate form, one size does not fit all. The Firm gets to know its clients, their individual needs and business goals and aspirations. The Firm’s business litigation experience enables it to advise clients and provide insight on a variety of legal issues that affect how they do business and with whom in order to counsel and hedge against and reduce the costs and risks of future business disputes.

The Firm works with other professionals, like estate planners and accountants, to tailor the right solution to each client to help clients achieve their goals and prosper. Whether it be a subchapter s corporation, limited liability company, or limited liability limited partnership, the Firm is well-equipped to counsel and devise strategies for the needs of each client in the formation and operation of their businesses, the responsibilities of corporate governance and asset protection. The Firm can assist clients with:

Formation
Shareholder and operating Agreements
Corporate governance
Vendor and supplier contracts
Non-Compete agreements
Purchase and sale agreements
Employment agreements
Asset Purchase Agreements

Even though the Firm’s offices are located in Palm Beach Gardens, the Firm routinely practices in state and federal courts throughout South Florida and the Treasure Coast. When dispute resolution is unsuccessful and we are unable to keep our clients out of court, the Firm pursues and defends all facets of business and commercial disputes, including complex fraud matters, fraudulent transfer actions, real estate litigation involving developers, contractors, buyers, sellers, brokers and lenders, asset forfeiture matters, debt instruments, landlord tenant litigation, contract disputes, business torts, such as breach of fiduciary duty and tortious interference claims, FDTPA (Florida Deceptive Trade Practices Claims), warranty claims.

COMMERCIAL LITIGATION

SIGNIFICANT REPRESENTATIONS

Negotiated and formulated agreement for acquisition of chapter 11 debtor international cargo carrier
Negotiated and formulated successful reorganization pan and related transactional documents for international masonry products manufacturing company
Negotiated and formulated reorganization plan for automobile components manufacturer with global production facilities.
Negotiated and implanted reverse “IPO” through confirmed chapter 11 plan of publicly traded chapter 11 debtor.
Negotiated and formulated successful reorganization plan for ambulatory, outpatient healthcare facility.
Negotiated and formulated plan for the sale of international telecommunications company.
Negotiated successful restructuring of principal secured debt for national hotelier through chapter 11 plan.
Counsel for principal secured lender in nationwide reorganization of musical instrument and equipment retailer.
Counsel for debtor in successful reorganization or leading manufacturer of specialized refrigerated trailers and specialized emergency service vehicles.
Counsel for intellectual property licensor in cross border insolvency proceeding.
Counsel for Panamanian receiver in cross border insolvency proceeding involving Bahamian insurance companies.
Counsel for international telecommunications carrier is in cross border insolvency proceeding.
Successfully defeated “responsible personal” assessment by IRS against small business owner.
Recovered judgment determining $6 million trademark infringement and copyright infringement was nondischargeble.
Recovered judgment determining $2 million embezzled by employee was nondischargeble.
Defeated nondischargeability proceeding involving $1 million foreign judgment.
Restructured $12 million farm loan.
Represented receiver of nursing home and was responsible for day to day operations in connection with court approved auction.