Some successful client representations include:
- Our client was the wife of a Florida real estate developer who had numerous real estate investments, partnerships and entities, both domestic and international. He owed millions of dollars, much of which had been guaranteed by his wife. After years of litigation, he was placed into involuntary bankruptcy by his creditors. Under pressure from creditors, our client filed Chapter 11 to protect her interest in some of the property, including a rapidly expiring option to purchase a valuable shopping center in Boca Raton, Florida. The husband died during his case, and the eyes of numerous creditors turned to our client, asserting a variety of claims and allegations against her. As the litigation pressure mounted and the issues became more complicated, the debtor’s case was in danger of failure. The client hired our firm to rescue her Chapter 11 reorganization effort. We quickly steered the case back on track, worked with the various constituencies to liquidate certain property to generate some cash and used the new liquidity to facilitate settlements with the numerous creditor groups. This strategy allowed our client to emerge from chapter 11 with some cash in her pocket and possession of much of her property, free and clear from the stress and financial burdens of her extensive debts.
- Our client, located in Miami-Dade County, is in the business of collecting delinquent condominium assessments for condominium associations located throughout the state. When a condominium association, located in Orange County, fell behind in paying our client, we filed suit in Miami. The defendant condominium association moved to transfer venue to Orange County, on the basis that none of the causes of action accrued in Miami-Dade County. The trial court denied the motion to transfer on the basis that one of the counts alleged sought liquidated damages under a contract here. The defendant condominium association appealed. On appeal, the Third District Court of Appeal affirmed the trial court’s decision, granting an appellate victory to our Client, and ensuring that the litigation could proceed in our client’s venue of choice, before a court that was familiar with the issues in the case.
- Our client was awarded attorneys’ fees by a divorce court in connection with a child custody dispute against the child’s father. The father later filed a case under Chapter 11 of the Bankruptcy Code. On behalf of our client, we filed an administrative proof of claim on the basis that the fee award was a domestic support obligation (“DSO”). Status as a DSO is significant because DSO claims are paid before all other types of claims in a bankruptcy except secured claims. We ultimately prevailed, over the father’s objection. The court allowed our client’s claim in full, and our client recovered the entire balance owed to her.
- Our client’s business model was in jeopardy when one of its former customers sued our client for criminal usury and our client’s officers and directors for violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act. We quickly responded with counterclaims and embarked on aggressive discovery. After our litigation team applied heavy pressure through a variety of legal strategies, the lawsuit became entirely untenable for the customer to pursue. Ultimately, we were successful in achieving a favorable resolution of the case, with the lawsuit being dismissed with prejudice. Our client also received a healthy settlement payment of several hundred thousand dollars in resolution of its counterclaims.
- Our client was a law firm that had represented their client in contentious divorce proceedings over more than five years. She promised to pay the firm from the proceeds of the sale of her multi-million dollar house which was largely the subject of the divorce battle. Just prior to the sale of the house, however, she filed personal bankruptcy and attempted to avoid paying our client by claiming that the house was her homestead. By formulating and implementing an aggressive litigation strategy, we challenged the debtor’s claims and her entire case. This strategy paved the way to a settlement that allowed our client to recover nearly 70% of its debt.
- Our client operated an extended-stay hotel in South Florida. When they fell behind on their mortgage, the bank began foreclosure proceedings. On the eve of the foreclosure sale, the client’s counsel referred them to Bast Amron. With a sale approaching and a non-communicative lender, we commenced a chapter 11 case. Though the property was underwater, we successfully formulated a budget, turned the operations around and confirmed a chapter 11 plan of reorganization over the vigorous objection of the first mortgagee. The plan allowed our client to continue operation of their business and gave them five years to find alternative sources of refinancing or a sale of the property. Needless to say, the client was thrilled with the outcome.
- Our client was a partner in a successful law firm. While on vacation, his other two partners essentially retired him from the partnership. We commenced an arbitration action against the firm and the other two partners. After a multi-day arbitration, our client was awarded not only the past and future compensation we were seeking but also the fees and costs incurred in the process. We are now pursuing claims against the firm’s accountants for withholding information to which our client was entitled.
- Our client was a committee of creditors in a chapter 11 case in which several million in debt and equity investment had been raised by the Debtor’s officers. Though the debtor held certain patents which were allegedly valuable, the operations never generated any revenue. Thus, the case had very little hope of generating any real return to creditors. We felt the company’s officers and directors had breached their fiduciary duties to the company and creditors, but when pressed the debtor had no interest in pursuing such claims. We asked the court for standing to bring the claims directly. The court agreed, we filed suit and ultimately we settled the claims for approximately $1.95 million, enabling the estate to distribute nearly 20 cents on the dollar to creditors.