Areas of Practice
The firm represents lenders in the areas of admiralty law. This practice area includes the enforcement of preferred ship mortgages, maritime liens, and UCC security interests against federally documented vessels and state titled vessels.
In the area of bankruptcy, the firm represents creditors and trustees exclusively. The firm has substantial experience handling claims litigation, obtaining relief from the automatic stay, valuation disputes, contested confirmation proceedings, cramdown trials, negotiating cash collateral agreements, and representing creditor’s committees. Additionally, the firm is experienced in defending creditors in bankruptcy adversary proceedings, such as avoidance actions brought by debtors or trustees to recover preferential or fraudulent transfers.
In bankruptcy matters, our creditor clients appreciate our efficient and practical approach to handling their matters, as the firm is always considering potential costs and expense in light of the debtor’s limited resources available for recovery.
The firm has past and present board members of the Central Florida Bankruptcy Law Association.
The firm represents owners, contractors, and subcontractors in breach of contract claims, lien disputes, termination disputes, liquidated damages claims, claims of extra work/equitable adjustment, and negligent design claims. The firm will also review draft construction contracts prior to commencement of a project.
The firm has substantial experience in commercial litigation and contract disputes. In this area, the firm represents corporate entities as well as business owners and individuals. The firm handles all types of business disputes, including contract disputes, corporate and partnership litigation, enforcement of non-competition and non-solicitation covenants, as well as cases involving claims of slander, tortious interference with existing and potential business relationships, civil theft, breach of fiduciary duty, fraud, and negligent misrepresentation.
The firm also handles real estate litigation matters, including quiet title actions, title insurance claims, evictions, foreclosures, and receiverships.
The firm has experience with both jury and bench trials in state and federal courts.
Commercial Loan Transactions
The firm handles loan transactions, including loan originations, loan modifications, renewals, and loan closings.
The firm’s general corporate transactional experience involves corporate formation, corporate operations and governance, and contract drafting, review, and negotiation.
The firm’s primary litigation focus is in the area of creditor’s rights, representing financial institutions, companies with acquired loan portfolios, and commercial landlords in state, federal district, and bankruptcy courts. The majority of the firm’s cases involve commercial loan and lease defaults, including foreclosures, replevins, receiverships, evictions, lawsuits on personal guaranties, garnishments, and preferred ship mortgage foreclosures. The firm has successfully defended lender liability and bankruptcy adversary claims for its clients. The firm also has unique and substantial experience with loan portfolios acquired from the Federal Deposit Insurance Corporation (“FDIC”). The firm has worked with clients operating under loss-share agreements and has litigated special federal powers, including the D’Oench, Duhme doctrine.
Another significant area of creditor’s rights practice is the firm’s handling of defaulted 504 and 7a Small Business Administration (“SBA”) loans. Having acted as Southeast Regional Counsel for a large, nationwide lender, the firm has handled hundreds of SBA loans and has substantial experience working with the SBA and Certified Development Companies.
The firm primarily represents commercial landlords in property management issues and landlord/tenant disputes. As clients, the firm has several national corporate shopping center owners, handling all of their landlord/tenant matters at multiple properties throughout the state of Florida. The firm also has experience representing both landlords and tenants in the auditing of CAM and other charges and the review of proposed estoppel letters when outstanding disputes may exist between the landlord and the tenant.
Outside of litigation, the firm will advise clients on potential property management issues, as well as the negotiation and drafting of leases.
The firm handles commercial real estate transactions, including loan originations, loan modifications, renewals and closings. The firm works with lenders and borrowers on interim and permanent mortgage loans on commercial projects. We also handle workouts, bankruptcies, foreclosures and restructurings of troubled projects. We represent developers, home builders and contractors on contract and other construction-related issues. The firm acts as an agent for First American Title Company in issuing title insurance policies for commercial transactions.