Areas of Concentration
· Bankruptcy, reorganization and restructuring
· Bankruptcy litigation
· Purchase and sale of assets of financially distressed companies
· Bond debt restructurings
· Hospitality industry bankruptcies
· Creditor/debtor rights
· Financial institution liquidation
· Commercial litigation
Professional & Community Involvement
· Co-Chair, Asset Sales Committee, American Bankruptcy Institute
- Former Education Director
· Former President and Current Member, Bankruptcy Bar Association for the Southern District of Florida
· Immediate Past Board Chairman, Family Resource Center of South Florida, Inc.
· Member, American Bankruptcy Institute
· Member, American Bar Association
· Member, Dade County Bar Association
· Member, Business Law Section of the Florida Bar
- Bankruptcy / UCC Committee
- Judicial Liaison Committee
Awards & Recognition
· Listed, The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Commercial Litigation; Litigation - Bankruptcy, 2009-2014
· Listed, Chambers USA Guide, 2005-2013
· Listed, South Florida Legal Guide, "South Florida's Top Lawyers," 2011-2013
- "South Florida's Up & Comers"
· Listed, Super Lawyers magazine, Florida Super Lawyers, 2006-2013
· Listed, Florida Trend magazine, "Legal Elite," Bankruptcy Law, 2005-2007
· Rated, AV Preeminent® 5.0 out of 5
· Representation of lender on a $197 million mortgage loan, with respect to Chapter 11 bankruptcy of the borrower, owner of a 65-acre golf resort hotel and beach club commonly know as the Sawgrass Marriott Resort, in Ponte Vedra, Florida. Lender acquired title to the resort through the bankruptcy proceeding.
· Representation of lender on a $119 million mortgage loan with respect to the Chapter 11 bankruptcy of the borrowers, owners of a hotel, two condominium projects, tax credits and some land, in San Juan, P.R.
· Representation of Indenture Trustee with respect to bond indebtedness in excess of $71 million, with respect to the Chapter 11 bankruptcy cases of a developer holding in excess of 120 acres of land in Miami, financed by community development district bonds to fund the infrastructure improvements.
· Representation of Indenture Trustee with respect to 11 bond issuances, with aggregate bond indebtedness in excess of $106 million, with respect to Chapter 11 bankruptcy of a master planned residential community comprised of nearly 4,000 zoned acres of land in Naples, Florida, financed by community development district bonds to fund the infrastructure improvements.
· Representation of Indenture Trustee, with respect to $300 million in corporate bonds, and as member of the Creditors Committee, in Chapter 11 case filed by Atherogenics, which operated a clinical stage drug development program for its lead antioxidant and anti-inflammatory drug candidate, AGI-1067.
· Representation of secured lenders on $800 million revolving credit facility, with respect to Chapter 11 bankruptcy of the borrower, Fontainebleau Las Vegas, and related litigation.
· Representation of secured lender with respect to defaulted $32 million loan on a luxury apartment building in Naples, Florida. Obtained dismissal of case within 90 days of the filing.
· Representation of lender with respect to $70 million mortgage loan secured by two commonly owned hotels, the Miami Airport Mart Hotel and the Sheraton Orlando Downtown, in Chapter 11 bankruptcy proceeding for the hotels.
· Representation of GE as secured mortgage lender owed $38 million on three of Bill Heard's dealership properties, in Chapter 11 bankruptcy of Bill Heard Enterprises, one of the largest dealers of General Motors vehicles in the country.
· Representation of Indenture Trustee for secured noteholders, in Chapter 11 bankruptcy of Greater Miami Neighborhoods, a low income housing debtor, which sold the properties in the bankruptcy and paid the bonds in full.
· Representation of Bank of New York as Indenture Trustee on behalf of secured bondholders in Chapter 11 bankruptcy of Sun Coast Hospital.
· Representation of Chapter 7 Trustee for a large banking corporation, returning over $300 million to creditors from proceeds of litigation settlements with Federal Deposit Insurance Corporation and liquidation of other assets.
· Representation of franchisor in Chapter 11 bankruptcy of Burger King franchisee group, in which restaurants and franchise agreements were sold to an approved franchisee, and franchisor received full payment of all outstanding obligations (in excess of $2 million).
· Representation of secured lender in connection with Chapter 11 sale of franchised Church's Chicken restaurants with the secured lender receiving almost all of the sale proceeds.
· Representation of Textron Financial Corporation as secured lender in Chapter 11 bankruptcy of retail appliance stores.
· Representation of McDonald's Corporation as lessor under ground lease to Mid American Oil, Inc.
· Representation of Hilton Hotels in Chapter 11 bankruptcy of Sunterra Corporation; successfully obtained assumption of various trademark, licensing and management contracts.
· Representation of New Horizons Computer Learning Centers, Inc. as franchisor in serial bankruptcy filings by former franchisee after termination; successfully obtained stay relief to enforce termination obligations.
· Representation of Creditors Committee in health care bankruptcy, with in excess of $50 million in unsecured debt, which provided a distribution of 90% to unsecured creditors.
· Representation of Creditors Committee in bankruptcy of large funeral home chain; assisted unsecured creditors in obtaining $1 million carve-out within the first two weeks of retention.
· Representation of Creditors Committee in Chapter 11 case of stalled power plant project; assisted unsecured creditors in obtaining a distribution in excess of 30% of their claim amounts.
· Representation of Creditors Committee in successful Chapter 11 reorganization of $500 million trucking company; Committee represented interests of more than $100 million in unsecured claimants.
· Representation of Chapter 11 Trustee for Debtor/owner and operator of hotel/apartment complex. Case included sale of commercial/residential property for approximately $30 million within 120 days of appointment and confirmation of a plan which provided a 100% return to creditors and a substantial return to equity.
· Representation of debtors, indenture trustees, secured and unsecured creditors, trustees and other interested parties in all phases of workout and bankruptcy proceedings, including pre-packaged Chapter 11 plans, state receivership proceedings and adversary proceedings.
· Significant experience as trial counsel in adversary proceedings and contested matters involving valuation, plan feasibility, fraudulent conversions, claims objections and allowance, turnover, and breach of contract.
· Handled issues involving the purchase and sale of assets, DIP financing, plan confirmation, Section 1125 disclosure, relief from the automatic stay, bad faith filings, perfection of security interests, assumption/assessment and rejection of leases and executory contracts, preferences, fraudulent transfers and equitable subordination.
Publications & Presentations
Articles, Lectures & Publications
· Co-author, "Supreme Court Holds that Free and Clear Sale Plan Cannot be Confirmed Without Preserving Secured Creditor's Credit Bidding Rights," GT Alert, June 11, 2012
· Author, "Recent Developments in Bankruptcy Issues," Advance Bankruptcy Law in Florida, National Business Institute, May 2004
· Author, "Revised UCC Article 9," Advanced Bankruptcy Law in Florida, National Business Institute, May 2004
· Co-author, "A Guide to Buying Restaurants Out of Bankruptcy," Restaurant Finance Monitor, April 2003
· Co-author, "Businesses Should Brace for Change," Miami Daily Business Review, August 2001
· Co-author, "Mounting Financial Pressures Spark Trend in Health Care Bankruptcies," Florida Medical Business, March 21, 2000
· Author, "Not too late for Y2K compliance plan," South Florida Medical Business, September 29, 1999