The Barrister Firm’s Bankruptcy and Creditors’ Rights department offers experienced attorneys with diverse skills for clients with varying needs. When a business or individual experiences insolvency, the consequences are far reaching. For this reason, skilled bankruptcy attorneys must understand how other areas of the law might impact strategy for a client. We are currently involved in several bankruptcy cases and state court actions on behalf of clients. However, we feel that our true strength lies in our ability to attend to the full range of client needs when bankruptcy or insolvency arises.
We also work closely with other attorneys in the firm to ensure the best possible result for the client. The following are some of the primary areas that we find we can offer unique assistance to our clientele.
LOAN ENFORCEMENT:Â We get results for lenders state wide. We have represented many financial institutions and more than 90 percent of fees and costs were ultimately collected from the defaulting borrowers.
DEBT RESTRUCTURE:Â Insolvency contexts often require loan modification transactions to be completed on an expedited basis in order to maximize the lender client’s ability to expand the available pool of collateral, and to avoid the consequences of certain bankruptcy law that sometimes retroactively “undo” workouts. Our team appreciates the need for prompt, skillful service when a borrower is at the point of insolvency.
COMPLEX LITIGATION:Â Bankruptcy is not only an area of specialization within the practice of law: bankruptcy is also a forum uniquely suited to resolve many complex business disputes in a fast, efficient, and fair manner. Disputes pertaining to corporate governance, misappropriation of business assets, landlord-tenant disputes, insurance coverage, and other forms of sophisticated litigation can often be resolved most rapidly in bankruptcy court. While our litigators are experienced in all courts in the State of Florida, we have litigated complex disputes in every Florida division of the United States Bankruptcy Court, as well as many bankruptcy courts throughout the country.
SOPHISTICATED COLLECTION ACTIVITIES:Sometimes, obtaining a “money judgment” is the easiest part of litigation for a creditor. Our team has collected many millions of dollars using Florida’s full range of collection remedies. In particular, we have experience in successfully utilizing Florida’s enactment of the Uniform Fraudulent Transfer Act in state, federal, and bankruptcy courts.
DEFENSE AGAINST ESTATE CLAIMS:Â Sometimes bankruptcy debtors or fiduciaries for debtors bring claims under bankruptcy laws against third parties in order to accumulate assets for distribution to creditors. “Preference claims” are asserted by debtors or trustees against creditors who legitimately received payments shortly before bankruptcy. Our team successfully represents scores of creditors in preference litigation every year. We also defend other business clients against similar “estate claims.”
REPRESENTATION OF FIDUCIARIES:Â We represent fiduciaries in the full range of state and federal contexts. At any time, our teammates may represent a state court receiver, assignee for benefit of creditors, chapter 7 trustee, chapter 11 trustee or examiner, post-confirmation disbursing agent, or other fiduciary. We develop insights from these representations that are beneficial for all of our clients.
ACQUISITIONS:Â Willing buyers often find willing sellers in the halls of United States Bankruptcy Court. During the past year, we have represented or counseled with numerous purchasers and prospective purchasers of various assets owned by business entities involved in insolvency proceedings.
ESTATE PLANNING:Â The firm’s estate planning experience and insolvency experience combine to provide estate planning services in a range of contexts. Additionally, our team is experienced in the representation of litigants in estate planning litigation and litigation involving family-owned business entities.
REAL ESTATE AND CORPORATE FINANCE:Â We handle all types of commercial and residential real estate transactions in addition to representing companies seeking start-up or expansion financing. We work closely with banks and similar financial institutions, venture capitalists, securities underwriters and private sources. We view our banking relationships as a vital element of our success. In addition to performing legal services on behalf of our lending clients, we actively seek opportunities to refer our developer, landowner and corporate clients to appropriate sources of funding. Our goal is to deliver the highest level of client service. We are deal makers, not deal breakers. We read the fine print but also keep an eye on the big picture to provide the quickest turnaround possible. We understand the need for responsiveness. We are available at all times and will work around the clock to help achieve our client’s success.