recent cases
Representative cases:
- City of New York in appeal to the 11th Circuit, successfully defending against appeal of a bankruptcy dismissal order.
- Seven interrelated chapter 11s, four of which were Subchapter Vs, for an orthodontics practice and dental aligner company, all successfully confirmed.
- Charitable organization that owned valuable real estate in Boca Raton, FL. Successfully completed 363 sale and confirmed plan, allowing organization to continue operating with significant cash reserves.
- Drug and alcohol treatment center, selling all assets in a 363 sale.
- Cardiology practice charged with Medicare fraud, resolving through Chapter 11 a $70M claim by the DOJ by paying $2M through a Section 363 sale of real estate.
- The City of New York in defending a $50M environmental claim in a Chapter 11 case, achieving dismissal.
- Pharmaceutical company, resolving a $4M FTC claim for deceptive trade practices, with only $25,000 paid in 4 monthly installments as a fine.
- Individual in Chapter 11, resolving an FTC claim of $5M for deceptive trade practices, with no payment being made to the government.
- High net worth individual who owed $2.8M to the IRS in back taxes, reducing debt by over $1M payable over 10 years (twice the customary length) and with quarterly instead of monthly payments.
- Public company holding $250M in patents and conducted a Section 363 sale of the assets.
- Public company that manufactures home building supplies, recovering over $1M in a highly litigious Chapter 11 proceeding.
- Holding company of 39 rental properties, extending all mortgage loans by 5 years.
- National franchisor of home companion care businesses, paying out only a third of outstanding claims interest-free over 5 years, eliminating an additional $1M in claims, and allowing for the principals to retain their business.
- Single-asset real estate company, lowering debt by over 40% and securing a three-year loan extension, even though its property was facing imminent foreclosure.
- Single-asset real estate company, reducing the mortgage by one-half of a million dollars on a $10 million waterfront mansion in Boca Raton, preventing a foreclosure sale, and securing an agreement by the lender not to pursue the individual guarantee by the principal.
- Private school in Palm Beach, lowering overall debt by over $1 million.
- Owners of 11 rental properties, lowering the total mortgage debt by over $1.5M.
- Owner of eight businesses and four rental properties, eliminating $5.7M in unsecured claims.
- Owners of a home-remodeling business, eliminating $500K in unsecured debt while allowing them to keep their business and their home.
- Real estate developer, wiping out $3.7M in unsecured debt while also deferring 30% of the mortgage balance on his homestead.
- Restaurant and bread factory owner, saving his factory, which was facing imminent foreclosure, while allowing for him to retain both of his businesses.
- Both a business owner and his business, eliminating almost one-half of a million dollars in Fair Labor Standards Act claims.
- Chapter 7 trustee in a highly complex matter involving pharmaceutical clinical testing, successfully orchestrating a global resolution with all major drug companies for the orderly distribution of records.
Additional Information:
- Successfully reorganized numerous small- to medium-sized businesses in various industries, including construction, trucking, manufacturing, addiction recovery, restaurants, disaster remediation, landscape design, and auto repair.
- Represented both national franchisors as well as franchisees in various industries.
- Represented numerous individuals in Chapter 11, including physicians, dentists, financial service providers, real estate investors, and business owners.
- Successfully crammed down or settled through negotiation various types of debts and claims, including SBA loans, FTC fines, Medicare fines, merchant cash advances, as well as income, trust fund (including withholding) taxes, property, and sales taxes.
- Resolved multi-party disputes through judicial settlement conferences within Chapter 11.
- Defended and instituted adversary proceedings relating to preferences, fraudulent transfers, dischargeability of debts, and loss of discharge.
- Saved well-known mega-church from foreclosure, significantly reducing $17M of debt.