Brian Gart has over 25 years of experience in complex business bankruptcy cases, bankruptcy litigation matters, out-of-court restructurings, and other types of insolvency proceedings. He represents public and private business debtors, secured creditors, official creditors' committees, trustees, DIP lenders, plan funders, landlords, liquidators, banks and other financial institutions, indenture trustees and equity security holders.
Brian also focuses a significant portion of his practice representing purchasers of assets and distressed businesses under Section 363 of the Bankruptcy Code and structuring DIP financing in connection with such transactions. He has been specially admitted in Bankruptcy Courts throughout the United States.
Representative Experience
· Lead representation of Perry Ellis International, Inc. in the $88.5 million 2005 acquisition of substantially all of the assets of Tropical Sportswear, Inc. out of Chapter 11 in the Middle District of Florida, Tampa Division, in a complex section 363 sale that was approved in a record 60 days.
· Counsel to ComVest Venture Partners and various other secured noteholders in 2005 in the Delaware Chapter 11 of Comdial Corporation, a public company manufacturer and distributor of enterprise communication equipment, telephone systems, VoIP and other IP-telephony deployment and software systems. Helped structure and finalize an insider "stalking horse" bid and enabling DIP loan that resulted in a successful $20+ million sale to Vertical Communications, a wholly owned subsidiary of Artisoft, Inc.
· Joint representation of ComVest Investment Partners II, LLC and NJK Holdings as purchasers in the 2005 successful funding and acquisition of the assets and business of Weight Intervention and Surgical Healthcare Holding LLC, a nationwide group of bariatric surgery centers, out of Chapter 11 in the Northern District of Illinois.
· Representation in 2004 of Corporate Recovery Group and Boeing Capital Corporation in a joint venture to acquire Hawaiian Airlines under a competing plan of reorganization in the Hawaiian Airlines Chapter 11 case. Co-counsel to the Ad Hoc Committee of Class A Equipment Trust Certificate Holders in the 2004 Atlas Air Chapter 11 in connection with $1.6 billion due under leases subject to Section 1110 of the Bankruptcy Code for jet aircraft, engines and equipment.
· Lead representation of the New Piper Aircraft, Inc., the leading manufacturer of general aviation aircraft in the United States, in connection with an out-of-court workout (2003) and debt restructuring (2005) with its secured creditors to avoid bankruptcy.
· Primary representation of Textron Financial Corporation as the major prepetition secured creditor and DIP Lender in the 2004 cross-border (US and Canada) proceedings for PSA Quality Systems, a leading supplier of temporary labor for recall work to the major automobile manufacturers.
· Representation of ComVest Investment Partners II, LLC, the prepetition secured lender to Metatec, Inc. (a publicly traded company involved in the manufacturing of compact discs and supply chain services technology) in its role as DIP lender and buyer in Metatec's 2003-04 Chapter 11 case in the Bankruptcy Court for the Southern District of Ohio.
· Representation of the C.I.T. Group/Business Credit, Inc as DIP lender providing $20 million in post-petition financing to Reptron Electronics, Inc. in its 2003-04 Chapter 11 in the West Palm Beach Division of the Bankruptcy Court for the Southern District of Florida.
· Lead counsel to Tutor Time Learning Systems and its subsidiaries, a nationwide children's day care provider with over 300 owned and franchised centers, as debtor in a sale in Chapter 11 to Childtime Learning Centers.
· Lead representation of Fine Air Services Corp., Arrow Air, and its other affiliates, a Miami-based international cargo airline with over $275 million in debt, as debtors in Chapter 11 reorganization.
· Served as primary counsel to debtors, Empire of Carolina (a public company) and its subsidiary, Empire Industries, an international toy and sporting goods manufacturer, in a multistaged sale of assets in Chapter 11.
· Lead representation of Tasco Worldwide, Inc. and Celestron Telescopes in a workout with their lenders, ultimate successful assignment for the benefit of creditors under Florida law and subsequent sale to Meade Instruments.
· Lead representation of The Florida Philharmonic Orchestra in its Chapter 11 case pending before the Bankruptcy Court for the Southern District of Florida.
· Lead representation of Sea Specialties, Inc., and Homarus/Marshall Smoked Fish, Inc., a major processor and distributor of seafood and related products on the east coast, in their Chapter 11 cases pending before the Bankruptcy Court for the Southern District of Florida.
Professional & Community Involvement
· Member, Business Law Section of the Florida Bar - Executive Council; Chair-Elect, 2011; Vice Chair, Continuing Legal Education (CLE) Committee, 2001-2002; Chair, Bankruptcy/UCC Committee, 1997-1998
· Member, Local Rules Advisory Committee for the United States Bankruptcy Court for the Southern District of Florida, 2001-2006
· Member, Business Bankruptcy Committee, American Bar Association Section of Business Law - Member, Committee on Official Creditors' Committees
· Member, American Bankruptcy Institute, Business Reorganization Committee and Asset Sales
· Member, Bankruptcy and Insolvency Section, Commercial Law League
· Member, Bankruptcy Bar Association, Southern District of Florida
· Director, University of Miami School of Law Alumni Association, 2005-2008
· Leadership Fort Lauderdale, Inaugural Class I
· Member, Leadership Broward, Class XVII
· Member, Leadership Broward Foundation
· Mentor, Minority Mentorship Program
Awards & Recognition
· Chapter 11 Reorganization of the Year (Middle Market) for HearUSA, M&A Advisor's 6th Annual Turnarounds Awards, 2012
· Finalist for Most Effective Lawyer Award in Bankruptcy, Daily Business Review, 2011
· The Best Lawyers in America®, (2004, 2006, 2007-2012)
· Chambers & Partners USA, America's Leading Business Lawyers, Bankruptcy/Restructuring (2003-2011)
· The South Florida Legal Guide, "Top Lawyer" (2002-2006, 2009-2012)
· Florida Super Lawyers (2006-2011)
· Listed as one of the "Top Lawyers" in Florida, in "The Annual Best of Florida Awards," Florida Monthly
Articles & Presentations
Articles
· Contributing Author, "2001-02 Bankruptcy Law Update," Aspen Publishing
Presentations
· Speaker, "Practical Differences Between Studying the Law and Practicing Law," Florida Bar Business Law Section, Nova University School of Law, October 2010
· Speaker, "Problems With the Solicitation Process: Who is the Client, What Statutes and Rules Apply, What are the Perceived Violations and Who Should Control Them?," Business Bankruptcy Committee, ABA Business Law Section, Fall 2009 Meeting
· Presenter, "The Workings of and Current Trends in Chapter 15" at the ABI Caribbean Insolvency Symposium; Panel on New and Exciting Trends in Chapter 15
· Presenter, "Reality Bankruptcy: Survivors, Moles, Hold-Ups and Trickle Downs," ABA Section of Business Law's Committee on Business Bankruptcy, ABA Spring Meeting, 2003
· Regular contributor and lecturer on bankruptcy reorganization and debtor/creditor rights for ABA Business Bankruptcy Committee, the Business Law Section of The Florida Bar, Nova Southeastern University Shepard Broad Law Center and the University of Miami School of Law
Prior Affiliations
· Greenberg Traurig, where he helped build its reorganization and bankruptcy practice and worked on many large and complex restructuring matters locally, regionally and nationally.
In The News
Brian Gart joins Berger Singerman, South Florida Business Journal, Brian Gart, April 15, 2008
Berger Snags Reorganization Attorney, Bankruptcy Law 360, Brian Gart, April 16, 2008
Law Briefs, Daily Business Review, Brian Gart, April 17, 2008
Movers & shakers: April 18, 2008, Daily Deal, Brian K. Gart, April 18, 2008
People on the move, Sun-Sentinel, Allen Libow, Melissa Melzer, William Shaheen, Marc Shuster, Etan Mark & Brian Gart, May 12, 2008
People on the move, Miami Herald, Brian Gart, May 19, 2008
Three Tallahassee Berger Singerman Attorneys Named 2009 Best Lawyers in America, Greater Tallahassee Chamber of Commerce, Brian Gart, Melanie Hines, Dan Thompson, December 22, 2008
News and Notes, The Florida Bar News, Brian K. Gart, November 01, 2009
Bankruptcy: Multinational bankruptcies for a global recession, Daily Business Review, Brian K. Gart, November 30, 2009
Twenty-Four Attorneys Named Florida Super Lawyers By Publishers of Law & Politics Magazine, Daniel H. Aronson, Robert W. Barron, James L. Berger, Mitchell W. Berger, Howard Berlin, Anthony J. Carriuolo, John Eaton, Brian K. Gart, Jorid Guso, Melanie Ann Hines, Nick Jovanovich, Charles H. Lichtman, Sheldon S. Polish, Brian G. Rich, Leonard K. Sam, June 08, 2010
Fifteen Berger Singerman Attorneys Named to 2011 Edition of The Best Lawyers in America, October 28, 2010
In the News Report, 1.16.11, Brian Gart, Paul Avron, Debi Evans Galler, Jeffrey Wertman, Mitchell Berger, January 18, 2011
Berger Singerman Receives High Marks in the World-Famous Chambers USA 2011 Guide, Daniel Aronson, Douglas Bates, James Berger, Mitchell Berger, Howard Berlin, Leslie Cloyd, Brian Gart, James Gassenheimer, Jordi Guso, Brian Rich, Marc Shuster, Paul Steven Singerman, Arthur Spector, Daniel Thompson, June 10, 2011
Brian Gart and Douglas Bates Named to the Florida Bar Business Law Section Positions, Douglas Bates, Brian Gart, June 27, 2011
In the News Report, 8.7.11, Paul Avron, Doug Bates, Brian Gart, Jordi Guso, Laz Schneider, Dan Thompson, August 08, 2011