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Bankruptcy and Creditor’s Rights

Led by Roy M. Hartman, a former bankruptcy attorney at both Mershon, Sawyer and Weil, Gotshal in Miami, the Firm's Bankruptcy/Creditor's Rights Department considers the client's objectives and resources, before recommending the most appropriate course of action. Whenever possible, we encourage alternative means of conflict resolution, through negotiation or mediation, but are also committed to pursue litigation strategies aggressively in order to obtain the best possible results for our clients.

We have an outstanding record of success in bankruptcy matters and creditor's rights litigation, due to our rigorous approach in pre-trial strategy, discovery and motion practice that often leads to a successful resolution before any evidentiary hearing or hearing on a contested matter.

Our bankruptcy and creditor's rights experience includes:

Foreclosures of commercial and residential properties

  • Appointment of receivers
  • Sequestration of rents/profits
  • Actions to perfect assignments of rents and other collateral
  • Non-judicial foreclosure sales
  • Reformation of mortgages
  • Foreclosures of asset-based loans
  • Loan workouts and modifications
  • Replevin actions
  • Defense of junior lienholders
  • Mechanic's lien and other construction lien litigation

Financial Fraud

  • Non-dischargeability of debts in bankruptcy
  • Appointment of receivers and trustees
  • Conversion and civil theft actions
  • Imposition of constructive trusts

Lender Liability

  • Defense and avoidance
  • Review/analysis of lending and workout practices
  • Review/analysis of procedures to perfect security interests
  • Litigation concerning failed loan commitments

Bankruptcy Litigation

  • Stay relief
  • Cash collateral protection
  • Fraudulent transfers
  • Preference actions
  • Appointment of trustees/examiners
  • Objections to discharge
  • Objections to confirmation
  • Conversion to Chapter 7 liquidation
  • Turnover claims

Letter of Credit Litigation

  • Defense of bank's dishonor of draw request
  • UCP 500 / UCC Article 5
  • Letters of guarantee, standby letters of credit and "red clause" letters of credit

Banking Operations

  • Wire transfers
  • Stop-payment orders
  • Wrongful dishonor of checks
  • Customer dispute and claims
  • UCC Articles 3, 4 and 4A claims

Reported Cases

In re F & C Servs., Inc., 44 B.R. 863 (Bkrtcy. S.D.Fla. 1984): Seminal case on fraudulent transfers in Florida.

Standard Chartered Bank v. Klepach, 43 B.R. 571 (S.D. Fla. Bkrtcy 1984): Successfully prosecuted claim for non-dischargeability of debt due to fraudulent financial statements.

Other Representative Experience

  • Successful representation of secured lenders in bankruptcy to seek stay relief, dismissal of bankruptcy cases due to bad faith filing, appointment of trustees and examiners, conversion of case, and defense of preference claims.
  • Successful appointment of receivers to oversee commercial properties securing loans.