Jeffrey P. Bast

Jeffrey P. Bast

Founder
jbast@bastamron.com
Miami
305.379.7904
LinkedIn

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), 2007-2023
  • Best Lawyers In America– “Lawyer of the Year” award for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation-Bankruptcy 2022
  • Recognizedas a Distinguished Leader honoree by the Daily Business Review- Florida Legal Awards, 2021
  • Recognizedas 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, 2013-2022
  • 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

  • Co-author, “Caution: Committee Communications Causing Chaos—Ethical, Legal, and Strategic Considerations for Counsel in Chapter 11,” published in the American Bankruptcy Association’s Business Section Business Law Today, March 2022
  • Author, “Anchors and Breadcrumbs: Tiny Life Hacks From a Miami Attorney,” published in the Daily Business Review, January 2002
  • 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)



Contact Information
Email

jbast@bastamron.com


Address

One Southeast Third Avenue
Suite 2410
Miami, FL 33131
T:305.379.7904
F:305.379.7905


LinkedIn
Twitter


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