John B. Hutton, III

John B. Hutton, III

Areas of Concentration

· Bankruptcy, reorganization and restructuring

· Bankruptcy litigation

· Purchase and sale of assets of financially distressed companies

· Creditor/debtor rights

· Financial institution liquidation

· Commercial litigation

Significant Representations

· 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 successful 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 Bank of New York as Indenture Trustee on behalf of secured bondholders in Chapter 11 bankruptcy of Sun Coast Hospital.

· 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 a bank as creditor with $2 million of secured debt in consumer case involving issues of valuation, dischargeability and avoidance.

· 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, 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 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.

Professional & Community Involvement

· Past President and Current Board Member, Bankruptcy Bar Association for the Southern District of Florida

· Board Chairman, Family Resource Center of South Florida, Inc.

· Volunteer Mentor, Big Brothers/Big Sisters of Greater Miami, Inc.

· Member, American Bankruptcy Institute

· Member, Bankruptcy Bar Association

· Member, Dade County Bar Association

· Member, Business Law Section of the Florida Bar
- Bankruptcy / UCC Committee
- Judicial Liaison Committee

Awards & Recognition

· Listed, Best Lawyers in America, 2009

· Selected by Super Lawyers magazine, 2006, 2007 and 2008

· Listed, 2006 and 2007 Legal Elite, Florida Trend magazine, a listing of Florida's top attorneys as selected by their peers

· Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2005 - 2008 every edition

· Listed as one of "South Florida's Up & Comers" by the South Florida Legal Guide, 2002

· Listed, 2005 Legal Elite, Florida Trend Magazine, listing of Florida's top attorneys as selected by their peers

Articles, Publications, & Lectures

Articles

· 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

· 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