Bankruptcy and Creditors’ Rights

Our Bankruptcy and Creditors’ Rights Team represents both institutional lenders and servicers in all state and federal courts in Florida involving all aspects of creditors’ rights work including foreclosure, bankruptcy, workouts and related litigation. Our experience covers the range of services that our clients expect including:

• Negotiation of plans of reorganization
• Litigation concerning confirmation of disputed plans of reorganization
• Liquidation plans
• Prepackaged plans
• Representation of creditor and bondholder committees
• Cram-down litigation
• Litigation involving unexpired leases and executory contracts
• Litigation avoidance actions
• Debtor-in-possession financing
• Valuation proceedings
• Post-petition financing
• Acquisitions of stock and assets
• Asset sales
• Going-out-of-business sales
• Automatic stay litigation
• Objections to discharge
• Bankruptcy appeals

We have foreclosed thousands of properties and handle all types of foreclosure issues from non-contested residential foreclosures to complex litigated foreclosure actions on all types of commercial properties including shopping centers, hotels, office buildings, apartment complexes, restaurants, assisted living facilities and agricultural properties.

We represent multi-state lenders and holders of securitized loans in lender liability claims, receiverships and rent sequestration issues.

Our firm represents both secured and unsecured creditors in all aspects of bankruptcy matters including objections to confirmation, motions for relief from stay, cram-down litigation, and adversary proceedings.

Our attorneys regularly appear in both state and federal courts on many other creditor/debtor issues such as replevin, garnishment and attachment as well as lien priority disputes, tax sale issues, surplus funds actions, quiet title actions and eviction/writ of possession actions. We assist our clients in post-judgment execution including the domestication and enforcement of judgments of other states and foreign countries, and prosecute fraudulent transfer claims. We are also regularly called upon to conduct due diligence for clients interested in purchasing secured loans from existing lenders. As counsel to the potential loan purchaser, we provide experienced-based guidance throughout the acquisition process.