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Representative Cases

Assignment for the Benefit of Creditors

  • Corporate purchaser of intellectual property of Tasco Worldwide Inc., designer and manufacturer of binoculars and telescopes, from assignment for the benefit of creditors
  • Corporate purchaser of operating business from assignment for the benefit of creditors of Fantasi International Corp., designer and manufacturer of high end athletic apparel
  • Assignors in assignment for the benefit of creditors of Aicon Yachts, Inc., TAG Company US, LLC, Gulfcoast International Products, Inc., Prodecom International Corp and many others
  • Assignee in assignment for the benefit of creditors of Global Yachts International, Inc., School Box, Etc., Planettraks, Inc., YAZ Perfumes, Inc., DSL Internet Corporation, Royal Headwear, The Electric Beverage Company and many others

Bankruptcy

Debtors/Trustee

  • Debtor-in-possession in Camaguey Plaza, LLC, Chapter 11 case
  • Debtor-in-possession in Lofts on the Park LLC, Chapter 11 case
  • Debtor-in-possession in Banah International Group, Inc., Chapter 11 case
  • Debtor-in-possession in Phoenix Worldwide Industries, Inc. Chapter 11 case
  • Chapter 11 Trustee for Global Energies, LLC, Chapter 11 case
  • Prosecuted and defended hundreds of avoidance actions
  • Bankruptcy trustee in Certified HR Services Chapter 11 case investigating and pursuing preferences and fraudulent transfers, director and officer liability, and professional malpractice claims
  • Bankruptcy trustee in Abraham Gosman’s Chapter 7 case pursuing avoidance claims totaling $60 million
  • Liquidating trustee in Pacific Forest Chapter 11 case pursuing insiders and banks relating to a $500 million check kiting scheme
  • Chapter 11 Trustee in sale of landfill, recycling and waste centers owned by Atlas Environmental

Creditors Committees

  • Investor Creditors Committee in jointly administered Chapter 11 cases of Mosaic Management Group, Inc., Mosaic Alternative Assets Ltd. and Paladin Settlements, Inc.
  • Creditors Committee in Ecological Paper Recycling, Inc. Chapter 11 case
  • Creditors committee in Advanced Blast Protection Chapter 11 case
  • Special counsel to creditors committee in SMF Energy Corporation Chapter 11 case
  • Creditors committee in MCZ/Centrum Florida XVIII, LLC Chapter 11 case
  • Creditors committee in Cornerstone Propane Chapter 11 case investigating avoidance and equitable subordination claims against pre-petition lenders
  • Creditors committee in Solar Cosmetic Labs, Inc. Chapter 11 case
  • Creditors committee in Britt Metal Processing, Inc. Chapter 11 case
  • Creditors committee in Gemini Air Cargo Chapter 11 case
  • Creditors committee in Safety-Kleen Chapter 11 case pursuing claims seeking to avoid $2.0 billion in liens and security interests

Creditors

  • Secured creditor in Fontainebleau Las Vegas Holdings, LLC Chapter 11 case
  • Several Latin American financial institutions in Chapter 11 of Refco Inc.
  • Local exchange carriers and other telecommunications providers in Worldcom, Global Crossing, Viatel, Star Telecommunications and other national bankruptcies
  • Pre-petition and post-petition lender in Chapter 11 of international injection molding manufacturer with seven facilities in four countries
  • Secured lenders in the following sales:
    • Banca del Gottardo in the $148 million sale of the Roney Plaza in the Chapter 11 of Roney Associates
    • Comerica Bank in series of sales of operating plastics manufacturers in Chapter 11 of Security Plastics
    • Bay View Bank in sale of 15 Church’s fried chicken franchises in Chapter 11 of The Restaurant Group
  • Lienholders in Chapter 11 bankruptcy of Levitt Homes, a large national home builder
  • Bentley Bay Condominium Association in the Chapter 11 bankruptcy of developer, Florida Development Associates, Ltd.
  • Pre-petition and post-petition lender with over $100 million facility in Chapter 11 of large hotel and condominium property in Miami Beach
  • Secured creditors in Chapter 11 bankruptcy of TOUSA, a large national home builder

Bankruptcy Litigation

  • Special Counsel to Liquidating Trustee prosecuting director and officer liability claims in SMF Energy Corporation Chapter 11 case, resulting in a recovery of over $5 million to creditors
  • Special Counsel to Plan Administrator prosecuting director and officer liability claims in E-Brands Restaurants, LLC, et al Chapter 11 case, resulting in a recovery of $1 million to creditors
  • Special Counsel to Official Committee of Unsecured Creditors in Advanced Blast Protection Chapter 11 case investigating and pursuing director and officer liability claims, resulting in a recovery of $2 million to creditors
  • Recovery of more than $100,000 in undisclosed bank accounts for Chapter 7 trustee after evidentiary hearing regarding ownership of funds
  • Bankruptcy trustee in Certified HR Services Chapter 11 case investigating and pursuing preferences and fraudulent transfers, director and officer liability, and professional malpractice claims
  • Debtor in contested confirmation proceedings in Chapter 11 case of Lofts on the Park LLC
  • Bankruptcy trustee in Abraham Gosman’s Chapter 7 case pursuing avoidance claims totaling $60 million
  • Liquidating trustee in Pacific Forest Chapter 11 case pursuing insiders and banks relating to a $500 million check kiting scheme
  • Creditors committee in Cornerstone Propane Chapter 11 case investigating avoidance and equitable subordination claims against pre-petition lenders
  • Numerous preference defendants in Tousa Homes
  • Numerous preference defendants in First Foliage, L.C.
  • Prosecuted and defended hundreds of avoidance actions, including preferential and fraudulent transfers

Commercial Litigation

  • Displaced partner of a high profile law firm in a three-day arbitration of a partnership dispute resulting in a multi-million dollar award in favor of client
  • Developer of TAO, a 400 unit condominium in Broward County, defending rescission and breach of contract claims
  • Regular representation in breach of contract cases in Miami-Dade and Broward counties on behalf of clients who provide agricultural materials and supplies on credit to the farming industry
  • Restaurant defending against Lanham Act claims of trademark infringement and violations of trade dress
  • Breach of contract action between two association unit owners for claims involving construction defects
  • Software development company defending case for breach of contract, breach of warranty, and several tort claims brought in Texas
  • Developers defending foreclosure, rescission and breach of contract claims
  • Successfully represented a major commercial landlord in a construction dispute with the co-owner of the building resulting in repairs worth several million dollars
  • A local university in the litigation over defects in a new building on campus resulting in a settlement of over $2 million
  • Local Boat manufacturer in litigation over alleged defects in a luxury yacht resulting in a defense judgment saving the client over $6 million in damages
  • Caribbean hotel chain in litigation involving application of foreign law with owner of one of its hotels over breach of hotel management contract resulting in very favorable settlement for client
  • Federal government corporation in trial of fraud claim against a local restaurant resulting in a jury verdict for punitive damages
  • State agency in action over interpretation of easements for utilities along state right of way resulting in a favorable declaration for the client
  • National golf course management corporation in property dispute with local developer resulting in favorable settlement for client
  • Co-owner of successful and well – known local restaurant in litigation brought by disgruntled former co-owner resulting in summary judgment in favor of client
  • SW Florida golf club in litigation with resigned members over resignation and refund policy worth more than $20 million resulting in summary judgment for client

Creditors’ Rights

  • Secured creditor in Fontainebleau Las Vegas Holdings, LLC Chapter 11 case
  • Several Latin American financial institutions in Chapter 11 of Refco Inc.
  • Local exchange carriers and other telecommunications providers in Worldcom, Global Crossing, Viatel, Star Telecommunications and other national bankruptcies
  • Pre-petition and post-petition lender in Chapter 11 of international injection molding manufacturer with seven facilities in four countries
  • Numerous preference defendants in Tousa Homes Chapter 11 case
  • Secured lenders in the following sales
    • Banca del Gottardo in the $148 million sale of the Roney Plaza in the Chapter 11 of Roney Associates
    • Comerica Bank in series of sales of operating plastics manufacturers in Chapter 11 of Security Plastics
    • Bay View Bank in sale of 15 Church’s fried chicken franchises in Chapter 11 of The Restaurant Group
  • Lienholders in Chapter 11 bankruptcy of Levitt Homes, a large national home builder
  • Bentley Bay Condominium Association in the Chapter 11 bankruptcy of developer, Florida Development Associates, Ltd.
  • Pre-petition and post-petition lender with over $100 million facility in Chapter 11 of large hotel and condominium property in Miami Beach
  • Secured creditors in Chapter 11 bankruptcy of TOUSA, a large national home builder

Director & Officer, Fiduciary Liability and Professional Negligence

  • Special litigation counsel to the Liquidating Trustees of Advance Blast Protection, Inc., a designer and distributor of vehicle armoring systems to foreign and domestic governments. Bast Amron LLP attorneys successfully investigated and prosecuted claims against the former officers and directors of the company, resulting in a settlement of $1.95 million
  • Special litigation counsel to the Liquidating Trustee of SMF Energy Corporation, a provider of mobile fleet fueling services. Bast Amron LLP attorneys conducted an in-depth investigation of claims on an expedited basis, including procurement and review of hundreds of thousands of pages of documents, and coordination of depositions across the country, resulting in a recovery of over $5 million to creditors
  • Special Counsel to Plan Administrator prosecuting director and officer liability claims in E-Brands Restaurants, LLC, et al Chapter 11 case, resulting in a recovery of $1 million to creditors
  • Special Counsel to Trustee in Scott Acquisition Corp. Chapter 7 case investigating and prosecuting director and officer liability and professional malpractice claims, resulting in a recovery to creditors in excess of $4.5 million
  • Liquidating trustee in Pacific Forest Chapter 11 case pursuing insiders and banks relating to a $500 million check kiting scheme, resulting in a recovery to creditors in excess of $5 million
  • Receiver for failed HMO in SunStar Health Plan investigating and pursuing director and officer liability and professional malpractice claims

Fiduciary Practice – Trustees and Receivers

  • Counsel for Receiver for Flamingo South Beach Condominium Association
  • Chapter 11 Examiner in reorganization of homeowners association, In re Majorca Isles Master Association, Inc.
  • Counsel for Receiver for Biscayne Centre Condominium Association
  • Chapter 7 Trustee and counsel to Trustee in liquidation of Astor & Black Custom, LLC
  • Counsel for Receiver of hedge funds with invested capital in excess of $1.0 billion in SEC receivership
  • Counsel for Receiver in FTC receiverships involving consumer credit companies
  • Chapter 7 Trustee and counsel to Trustee in over 500 individual and corporate chapter 7 cases
  • Counsel to Chapter 7 Trustee in liquidation of mortgage lender
  • Counsel for Receiver for failed HMO in SunStar Health Plan investigating and pursuing director and officer liability and professional malpractice claims
  • Counsel for Receiver for New Dawn Southside, a 264 unit condominium in Jacksonville
  • Counsel for Receiver for Midtown Miami Project

Fraud

  • Defense of large multinational oil and gas company against claims for recovery of allegedly fraudulent and preferential transfers
  • Representation of multiple creditors and clawback targets in Ponzi schemes perpetrated by Phoenix Diversified, Scott Rothstein, E.S. Bankest, Financial Federated, Mutual Benefits, Bernard Madoff, Premium Sales, Gaston Cantens, Nevin Shapiro and others
  • Representation of receiver in prior receiver’s alleged improprieties and alleged misappropriation of assets
  • Special counsel to Liquidating BankUnited to pursue recovery of several fraudulent transfer claims from professionals employed by the Debtor and related entities pre-petition
  • Prosecution and defense of numerous fraudulent transfer claims, including Lancer Partners, TOUSA, Levitt Homes, Rothtein
  • Representation of numerous Trustees in prosecution and recovery of fraudulent transfers from third parties and exempt assets

Insolvency Transactions

Legal opinions regarding bankruptcy and insolvency issues, including substantive consolidation

  • Apartment complex owner in refinancing of secured debt
  • Majority equity interest holder of an online auction company in negotiations related to potential sale of equity, restructuring of debt and ultimate structured dismissal of chapter 11
  • Secured creditors in sale of the Versace mansion in Miami Beach
  • Assignee in sale of assets of mirror and glass company in an assignment for benefit of creditors case
  • Private equity fund in $162 million acquisition of automotive accessories manufacturer from Chapter 11 in Delaware
  • Stalking horse purchaser of curtain manufacturer with exclusive contracts with JC Penney out of Chapter 11
  • Palm Beach Pops in the acquisition of the library and member list from Boca Pops in Chapter 7
  • Corporate purchaser of intellectual property of Tasco Worldwide Inc.
  • Cable television channel in connection with the purchase of cable decoders from Chapter 11

Restructuring

  • Regional restaurant chain in work out and restructuring with secured creditor
  • Industrial real estate owner in restructuring of secured debt
  • Multi-family housing developer in restructuring and forbearance
  • International factoring company in restructuring and forbearance
  • Mezzanine lender in condominium project in Coral Gables in Chapter 11 case
  • Owner of apartment complex in Miami, FL in Chapter 11 reorganization case
  • Secured lender for commercial real estate in Cutler Ridge, FL in Chapter 11 reorganization case
  • Condominium developer in Edgewater district of Miami, FL in Chapter 11 restructuring case

Workouts

  • Developers defending foreclosure, rescission and breach of contract claims
  • Builders involved in construction defect litigation
  • Restaurant in dispute with commercial landlord
  • Regional restaurant chain in workout with secured creditor
  • Individual guarantors of commercial debt obligations
  • Owner of construction company in workout with creditors
  • Warehouse operators in dispute with secured lenders
  • Contractor in loan default, prior to and during litigation
  • Manufacturer involved in dispute with its lender
  • Condominium conversion developer in workout and largest foreclosure action in Palm Beach County
  • Numerous commercial and residential developers in Miami-Dade and Broward County foreclosures