JEFFREY P. BAST

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JEFFREY P. BAST

Founder

jbast@bastamron.com
Miami
305.379.7904

JEFFREY P. BAST

Founder

Jeffrey P. Bast

He is a very knowledgeable corporate and bankruptcy attorney who brings multidisciplinary skills to cases. He is clinical in his analysis of a matter and comes up with practical solutions.” “He can litigate if something is contested, but can also negotiate and resolve cases if need be.”
Chambers USA

Jeff has been practicing in the insolvency and litigation arena for 30 years. He guides business clients through all types of insolvency-related issues, including bankruptcy and bankruptcy avoidance, emphasizing corporate reorganization, workouts, and liquidation. Through his experience in commercial litigation, Jeff knows his way around the courtroom, but he also knows that his clients are often better served by avoiding court. For this reason, Jeff’s initial focus is avoiding bankruptcy when possible. Jeff’s business background makes him well-suited to guiding his clients with insolvency-related transactions as well. Indeed, Jeff has extensive experience with all aspects of bankruptcy sales, acquisitions, and financing. Jeff represents corporate and individual debtors, shareholders, trustees, receivers, indenture trustees, and creditors’ committees, as well as secured and unsecured creditors in workouts, reorganizations, and litigation.

After law school, Jeff completed two bankruptcy judicial clerkships in Texas and Florida. He then practiced law in the restructuring groups at two international law firms, working his way up to equity partner at both firms. In 2008, Jeff left the big firm life to start his own solo practice. In 2009, he founded Bast Amron LLP with his partner Brett Amron. The firm is now widely recognized as one of South Florida’s top boutique firms delivering sophisticated advice to an array of clients with complex commercial disputes.

Jeff is a frequent speaker and writer both in the U.S. and abroad on topics related to insolvency. Jeff has been recognized by his peers and numerous publications for professional excellence, including Best Lawyers in America, Chambers and Partners, Martindale Hubble, South Florida Legal Guide, and Florida Super Lawyers.

Representative Experience

Insolvency Representations:

Official Committee of Unsecured Creditors in FedNat Holding Company, Chapter 11
Official Committee of Investor Creditors in Mosaic Management Group, Inc., Chapter 11, and post-confirmation Investment Trustee of the Mosaic Investment Trust
Official Committee of Unsecured Creditors in Ecological Paper Recycling, Inc., Chapter 11
Official Committee of Unsecured Creditors in Pharma Science Nutrients, Inc., Chapter 11
Official Committee of Unsecured Creditors in Ilan Doron, Chapter 11
Special Counsel to Official Committee of Unsecured Creditors and Liquidating Trustee investigating and prosecuting director and officer liability claims in SMF Energy Corporation
Special Counsel to Official Committee of Unsecured Creditors prosecuting director and officer liability claims in E Brands Restaurants, LLC, et al
Official Committee of Unsecured Creditors in Advanced Blast Protection, Inc.Chapter 11
Official Committee of Unsecured Creditors in Solar Cosmetic Labs, Inc.Chapter 11
Official Committee of Unsecured Creditors in Britt Metal Processing, Inc.Chapter 11
Official Committee of Unsecured Creditors in Gemini Air Cargo, Chapter 11
Official Committee of Unsecured Creditors in Hospital Staffing Services, Inc. (NASDAQ), a national Medicare provider in Chapter 11
Chapter 11 Trustee for Global Energies, LLC, Chapter 11 case, and Chapter 7 Trustee upon conversion
Debtor-in-possession in extended-stay hotel property Chapter 11 (contested reorganization plan confirmed)
Florida Department of Transportation in Chapter 11 case of Munilla Construction Management, LLC
Lexi Condominium Association in Chapter 11 case of Developer Lexi Development Company, Inc
Several Latin American financial institutions in Chapter 11 of Refco Inc.
Receiver for Flamingo Condominium Association in Miami Beach
Receiver for commercial office building in Miami-Dade County
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
Financial institution in Chapter 11 bankruptcy of Levitt Homes, a large national home builder
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
Receiver in FTC receiverships involving consumer credit companies
Legal opinions regarding bankruptcy and insolvency issues, including substantive consolidation
Prosecuted and defended hundreds of preferential and fraudulent transfer actions

Director & Officer, Fiduciary Liability and Professional Negligence:

Special litigation counsel to Trustee of Liquidation Trust of Modell’s Sporting Goods, Inc., retained to investigate and prosecute breach of fiduciary, avoidance, and other claims against the former officers, directors, and insiders
Special litigation counsel to Assignee of Allied Aerofoam Products, LLC, retained to investigate and prosecute breach of fiduciary duty claims against the former officers and directors, resulting in a settlement of $2.4 million for the estate plus a waiver of claims of over $14 million
Special litigation counsel to the Liquidating Trustees of Advanced Blast Protection, Inc., a designer, and distributor of vehicle armoring systems to foreign and domestic governments, 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, resulting in a recovery of $6.1 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

Commercial Litigation:

Representation of a global technology company in a post-M&A dispute involving the divestiture of a business unit and the buyer’s subsequent refusal to make an earn-out payment, and successfully prosecuted client’s breach of contract claims through two multi-week jury trials, obtaining a judgment for millions in damages and attorneys’ fees while avoiding liability on numerous counterclaims ranging from breach of contract to fraud
Representation of individual owners of successful restaurant chain in partnership dispute with owners of a separate chain over a joint venture.
Representation of telecommunications company in prosecution of non-competition and on-solicitation agreement, including successful prosecution of emergency preliminary injunction leading to settlement in favor of client
Representation of multiple clawback targets in Ponzi schemes perpetrated by Phoenix Diversified, Scott Rothstein, E.S. Bankest, Financial Federated, Mutual Benefits, Bernard Madoff, Premium Sales, Nevin Shapiro, and others
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

Mergers and Acquisitions Representations:

Purchaser in $62 million acquisition of the only petroleum refinery in the Caribbean, within the United States Virgin Islands, after court approval of a sale to another bidder and court re-opened auction
Private equity fund in $162 million acquisition of operating automotive accessories manufacturing from Chapter 11 in Delaware
Chapter 11 Trustee in the sale of a series of landfill, cycling, and waste centers owned by Atlas Environmental, and eleven debtor subsidiaries
Owner/seller of a Florida plastics manufacturer to its largest competitor
Target information technology consulting business in $48 million acquisition by public technology company
Stalking horse purchaser of curtain manufacturer with exclusive contracts with JC Penneyout of Chapter 11
Palm Beach Popsin the acquisition of the library and member list from Boca Pops in Chapter 7
Corporate purchaser of intellectual property of Tasco Worldwide Inc. from assignment for the benefit of creditors
Cable television channel in connection with the purchase of cable decoders from a company in Chapter 11
Executive office suite business in sale to the nation’s largest office suite owner
Banca del Gottardo in the $148 million sale of the Roney Plaza in Chapter 11 of Roney Associates
Secured lender in series of sales of operating plastics manufacturers in Chapter 11 of Security Plastics
Secured lender in sale of 15Church’s fried chicken franchises in Chapter 11 of The Restaurant Group

Business Representations:

Serve as outside general counsel to US subsidiary of global digital agency, reviewing and advising on contract negotiations and other legal and business matters
Condominium conversion developer in workout of largest foreclosure action in Palm Beach County
Advised a global technology company in negotiations with a global information services company for a multi-million dollar vendor agreement, and drafted and negotiated a master services agreement, statements of work, and service level agreements
Numerous commercial and residential developers in Miami-Dade, Palm Beach, and Broward County foreclosures and workouts

Reported Decisions:

Bast Amron LLP v. Unites States Trustee Region 21, Case No. 20-12547, U.S. Court of Appeals for Eleventh Circuit (June 23, 2023)
In re Cargo Transp. Services, Inc., 502 B.R. 875 (Bankr. M.D. Fla. 2013)
Court-Appointed Receiver forLancer Management Group LLC v. Taubman, WL 984452 (S.D. Fla. March 27, 2007)
Steinberg v. A Analyst Ltd., WL 4287662 (S.D. Fla. December 5, 2007)
Steinberg v. A Analyst Ltd., (S.D. Fla. December 5, 2007)
E.C. v. Lauer, WL 2931398 (S.D. Fla. November 18, 2004)
Procedo Gesellschaft Fur Exportfactoring, D. Klindworth MBH v. Juli-and Holding of Fla., Inc., 691 So. 2d 1143 (Fla. Dist. Ct. App. 1997)

Awards and Recognitions

Florida Trend Florida Legal Elite™ Hall of Fame, 2023
Chambers and Partners USA – BAND 1 (2023) Bankruptcy Litigation (Florida) Bankruptcy/Restructuring (Florida: South), 2007-2024
Best Lawyers In America– “Best Lawyer” award for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation-Bankruptcy 2023
Recognized as a Distinguished Leader honoree by the Daily Business Review- Florida Legal Awards, 2021
Recognized as Florida Trailblazer in the ALM-Daily Business Review’s Second Annual Florida Trailblazers special supplement, 2020
Best Lawyers In America– Listed in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation-Bankruptcy, 2013-2024
Super Lawyers – Business Litigation, Creditor Debtor Rights: Business, Bankruptcy: Business 2006-2024
Martindale-Hubbell AV® Preeminent™ rated 20 years
South Florida Legal Guide- Top Lawyers in Bankruptcy, 2011-2021
Florida Super Lawyers- Business Litigation, Creditor/Debtor Rights 2006-2022
Florida Trend, Florida’s Legal Elite, Bankruptcy, and Workout, 2005-2022
Alumni, Goldman Sachs – 10,000 Small Businesses Miami, 2015

Publications

Author, “Subchapter V is Good for Business,” published in the Pincus Professional Education. Inc., September 2023
Co-author, “Assignments for the Beneﬁt of Creditors: Florida” published in PRACTICAL LAW BANKRUPTCY & RESTRUCTURING, a Westlaw/Thomson Reuters publication, August 2023
Author, “Anchors and Breadcrumbs: Tiny Life Hacks From a Miami Attorney,” published in the Daily Business Review, January 2022
Author, “Virtual Trials-The Future is Now-Are You Ready?” published in the American Bankruptcy Association’s Business Section Summer Newsletter, July 2020
Author, “Coronavirus Tips for Business Owners, From an Insolvency Litigator,” published by the Daily Business Review, April 2020
Author, Practice Note for PRACTICAL LAW BANKRUPTCY & RESTRUCTURING, a Westlaw/Thomson Reuters publication, April 2020 and annual updates
Co-Author, “When to Assert ’In Pari Delicto’: Affirmative Defense or Motion to Dismiss?” – ABI Committee Newsletter, Commercial Fraud 9, No. 6 / December 2012 http://www.abiworld.org/committees/newsletters/commercial-fraud/vol9num6/assert.html
Author, “Pre-Confirmation Tax Exemptions Under Section 1146(c) of the U.S. Bankruptcy Code” – Bankruptcy Litigation Reporter, Andrews Publications, Thompson West, August 2004
Author, “Special Report: Bankruptcy – Web sites help, but buying assets of a failed enterprise is still tricky” – Daily Business Review, February 2004
Co-author, “My Claim is What? No-fault Subordination of Stock Redemption Claims is Dead” – The Bankruptcy Strategist (Vol. XX, No. 12), October 2003

Speaking Engagements

Speaker, Bankruptcy for Non-Bankruptcy Lawyers-The Florida Lawyers Network-Miami Chapter, November 2022
Panelist, Managing Partner Roundtable- Legal Marketing Association South Florida Chapter, September 2022
Speaker, “Future of the Legal Profession – The Role of Lawyers in the Rapidly Changing World” – AIJA Americas Meeting at the University of Miami Law School, March 2022
Moderator, Virtual ABA Business Law Section Spring-Meeting Business Bankruptcy, April 2021
Panelist, “Adaptability in the Pandemic-Future of The Market.” The webinar was hosted by UF| Innovation Academy University of Floridafor their spring 2021 academy and general student body. March 2021
Panelist, What’s in Store for the Brazilian Insolvency Law?- hosted by The Brazilian-American Chamber of Commerce, November 2020
Moderator, Bankruptcy Law for Local Government Lawyers- hosted by The City, County, and Local Government Law Section of The Florida Bar, September 2020
Moderator, That’s Entertainment! Impact of COVID-19 on Sports & Entertainment- hosted by Turnaround Management Association, September 2020
Speaker, Business Bankruptcy 101: Chapter 11 Nuts and Bolts-hosted by Pincus Professional Education, July 2020
Panelist, Distressed Companies in a Distressed Market-hosted by ACG | Association for Corporate Growth: South Florida, June 2020
Panelist, COVID 2.0: What’s Next in the World of Workouts and Bankruptcies- hosted by the American Bar Association Business Section, June 2020
Panelist, Strategies in Bankruptcy Court for Newbie and Pros- hosted by Dade Legal Aid/Put Something Back and the Bankruptcy Bar Association of the Southern District of Florida, January 2020
Panelist, Cutting Edge Issues – New Sub Chapter 5 on Small Business, Strategies in Bankruptcy Court for Newbies and Pros Seminar, presented by Dade Legal Aid/Put Something Back, The Bankruptcy Bar Association of the Southern District of Florida, and American College of Bankruptcy Foundation, January 2020
Panelist, The role of the oil & gas companies and information to their shareholders regarding climate change commitments. AIJA, Half-Year Conference, Miami, November 2019
Panelist, Stakeholder liability on insolvency (Comparative directors’ and receivers’/supervisors’ liabilities in insolvency), AIJA International Association of Young Lawyers, Mallorca, Spain, June 2019
Panelist, Contracting Out of Bankruptcy: Domestic and International Considerations, 2019 Caribbean Insolvency Symposium, Grand Cayman, Islands January 2019
Panelist, Webinar: Insolvency Explained: Bankruptcies, Assignments, Bulk Transfers, Receiverships, Probates, and Workouts. Presented by the Business Bankruptcy Committee of the American Bar Association Business Law Section, May 22, 2018.
Speaker, Family Feuds And Chapter 11: What Is Counsel To Do? 2018 ABA Business Law Section Spring-Meeting Orlando, FL April 2018
Panelist, Webinar: Small Business Debtor Provisions in Chapter 11 – What is working and what is not? Presented by the Business Bankruptcy Committee, January 2018
Panelist, Seminar: State of the Market: Are Distressed Deals Coming Back?, Miami, February 2017
Speaker, Plan & Confirmation and Classifications of Claims, Intermediate-Advanced Bankruptcy: Chapter 11, Fort Lauderdale, FL December 2016
Speaker, Recognition, and Enforcement from US perspective, International Litigation and Assets Transactions, AIJA International Association of Young Lawyers, Lille, France, October 2016
Speaker, Creditor Concerns In Bankruptcy, Preferences And Other Risks, National Association of Credit Managers Tampa Chapter, Savannah, GA, October 2015
Speaker, Insolvency Labor Law, AIJA International Association of Young Lawyers, Frankfurt, Germany, October 2015
Speaker, Webinar: Fighting about Involuntary Bankruptcy Petitions, Commercial Law League Of America, September 2015
Speaker, “Chapter 11” – International Association of Young Lawyers – Where is the money? Chasing and protecting the assets before and after insolvency in the international arena, Santa Margherita Italy, September 2014
Speaker, Counseling the Closely Held Business in Financial Trouble, ABA Business Law Section Annual Meeting, Chicago, September 2014
Speaker, Webinar: Fighting About Involuntary Bankruptcy Petitions, Commercial Law League of America, July 2014
Speaker, Business Bankruptcy Boot Camp: Chapter 11 Essentials, Fort Lauderdale, June 2014
Speaker, Why Go There and What’s Different: Role of the Chapter 11 Trustee and Introduction to Executory Contracts and Unexpired Leases, 363 Asset Sales; American Bankruptcy Institute, National Association of Bankruptcy Trustees Spring Conference, Coral Gables, April 2014
Speaker, What Every Business Lawyer Should Know about Bankruptcy, American Bar Association Business Law Section Spring Meeting, Washington, D.C., April 2013
Speaker, Bankruptcy Sales, Florida Institute of Certified Public Accountants Broward Chapter, October 2012
Speaker, Commercial Bankruptcy & Receiverships, Realtors Commercial Alliance of Greater Miami and the Beaches, January 2010
Speaker, Overview of U.S. Bankruptcy Law, Role of the Trustee, Avoidance Powers: Preferences and Fraudulent Conveyances, Bankruptcy in Florida, February 2005

Professional & Community Activities

Member, Board of Trustee, Miami Waterkeeper, 2021-2024
Co-Chair, Bankruptcy Committees Subcommittee, American Bar Association, Business Law Section, Business Bankruptcy Committee, 2020-present
Co-Chair, Closely held and Small Business Subcommittee, American Bar Association, Business Law Section, Business Bankruptcy Committee, 2012-2020
Member, American Bar Association
Member, American Bankruptcy Institute
Member, International Association of Young Lawyers (AIJA)
Member, Turnaround Management Association
Member, Commercial Law League of America
Director at Large, Bankruptcy Bar Association of the Southern District of Florida, 2008-2014
Fellow, American Bar Foundation
Young Founder, Mount Sinai Medical Center, Miami Beach
Member, North Dade, and the Beaches Real Estate Council
Chairman of the Board, ReThink and ReUse Center, Inc., 2008-2013
Member, Entrepreneurs’ Organization, 2013-Present
Alumni, Goldman Sachs 10,000 Small Businesses (10 KSB)

In The News

Contact Information

Email

jbast@bastamron.com

Address

One Southeast Third Avenue
Suite 2410
Miami, FL 33131
T:305.379.7904

Education

J.D., New York University School of Law
B.S., University of Florida, with honors, Accounting

Business Background

Partner, Jeffrey Bast, P.A.
Partner, Hunton & Williams
Partner, Holland & Knight
Judicial Law Clerk, U.S. District Court, Southern District of Florida
Judicial Law Clerk, U.S. Bankruptcy Court, Northern District of Texas

Admitted to

Florida Bar
New York Bar
U.S. District Court, Southern District of Florida
U.S. Bankruptcy Court, Southern District of Florida,
Middle District of Florida, Northern District of Florida, Northern District of Texas
U.S. Circuit Court of Appeals, Eleventh Circuit
U.S. Supreme Court

Areas of Practice

Reorganization
Insolvency Litigation
Outside General Counsel