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Zakarij N. Laux

SunTrust International Center

One S.E. Third Ave., Ste. 1400

Miami, Fl 33131

T:305.379.7904

F:305.379.7905

Zakarij Laux concentrates his practice in bankruptcy and restructuring, workouts, creditors’ rights, and complex business litigation. Zak has represented national lending institutions and loan servicers, commercial landlords, receivers, creditor committees, debtors, and bankruptcy trustees at the trial and appellate levels and through post-judgment execution.

Representative Matters

  • Represented Chapter 7 bankruptcy trustee in dozens of adversary proceedings to recover fraudulent transfers emanating from the Ponzi scheme in In re Liberty International Financial Services, Inc.
  • Represented investor committee in negotiating consensual Chapter 11 plan of reorganization in In re Mosaic Management Group, Inc.
  • Defended international technological development company in $80 million breach of contract action.
  • Represented secured creditor in bad faith Chapter 11 bankruptcy filing, ultimately obtaining dismissal of case by strategically and economically acquiring unsecured claims to effectively prevent plan confirmation.
  • Represented loan servicer, obtaining affirmance of trial court order awarding the client its attorneys’ fees after it prevailed on borrowers’ claims brought under Florida’s Deceptive and Unfair Trade Practices Act.
  • Represented unsecured lender in obtaining final summary judgment, defeating borrowers’ affirmative defense of alleged marital discrimination under the Equal Credit Opportunity Act.
  • Represented Chapter 7 bankruptcy trustee in obtaining sustained objection to debtor’s claimed exemption of homestead sale proceeds, which decision was affirmed on appeal.
  • Represented Chapter 7 bankruptcy trustee in administration of a fraudulent bankruptcy filing, which ultimately led to the recovery of over $5 million for creditors and a federal perjury indictment of the debtor.

Reported Decisions:

  • Ramaglia v. E*Trade Bank, 184 So. 3d 530 (Fla. 2d DCA 2015)
  • Carpenter v. Brown (In re Carpenter), 2013 WL 4047017 (S.D. Fla. 2013)
  • Lopez v. Interbay Funding, LLC, 96 So. 3d 901 (Fla. 3d DCA 2012)

Awards and Recognitions

Order of the Coif, 2011

Fulbright French Government Teaching Assistantship, 2006

 

Publications:

“Debtors, Fiduciaries, and Directors and Officers Beware: The Limits of D&O Liability Policy Coverage,” American Bar Association, Business Law Today (November, 2017)

“Trapped in the Trustee’s Claws: How Your Client’s Thriving Business Might Become Ensnared in Bankruptcy Law,” Dade County Bar Association Bulletin (March, 2017)

“The Jury Waiver Double Standard,” Dade County Bar Association Bulletin (May, 2016)

Constitutional Anomalies: When Canada’s Proportionality and the U.S.’s Categorization Just Don’t Fit the Bill, 41 U. MIAMI INTER-AMER. L. REV. 389 (2010)

Professional and Community Activities

  • Executive Committee Member of the Friends of New World Symphony
  • Past Director, Dade County Bar Association Young Lawyers Section
  • Member, Bankruptcy Bar Association for the Southern District of Florida
  • Member, LGBT Bar Association

 

 

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Education

J.D., University of Miami, magna cum laude, 2011

B.A., Florida State University, magna cum laude, French & Music, 2006

Business Background

Associate, Tabas, Freedman & Soloff, P.A.

Admitted To

Florida Bar
U.S. District Court, Southern District of Florida,
Middle District of Florida