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  • Represented several Chapter 11 debtors in bankruptcy proceedings including WRS Infrastructure & Environment, Inc., Ruden McClosky P.A., Levitt and Sons, LLC, et al., First NLC Financial Services, LLC, et al., MPI Eagles, LLC, et al. and Miles Properties, Inc., et al.
  • Represented several individuals and entities in appellate matters before the United States District Court, the United States Court of Appeals for the Eleventh Circuit, and the Florida Supreme Court.
  • Reported decisions include the following matters:
    • Luria v. Thunderflower, LLC (In re Taylor, Bean & Whitaker Mortgage Corp.), Adv. Pro. No, 3:11-ap-693-JAF (Bankr. M.D. Fla. Sept. 28, 2018): Granting plaintiff partial summary judgment on state and federal fraudulent transfer claims
    • Wortley et al. v. Bakst et al., No. 17-20050-WILLIAMS (S.D. Fla. Aug. 29, 2018): Adopting proposed conclusion of law that action removed from state court was jurisdictionally barred under the Barton doctrine
    • Tabas v. Peebles (In re PADC Marketing, LLC), Adv. Pro. No. 10-3477-LMI (Bankr. S.D. Fla. Dec. 29, 2017): Granting defendant judgment on partial findings on fraudulent transfer action instituted by Bankruptcy Trustee
    • NWC Credit Service, LLC v. Shipworks Marketing Ltd., et al., No. 4D16-3094 (Fla. 4th DCA Oct. 5, 2017): Per curiam affirmance of Circuit Court’s judgment in favor of proceeding supplementary respondent Irene Jung
    • Regions Bank v. Herendeen, No. 8:14-cv-01631-SDM (M.D. Fla. Feb. 25, 2015), aff'd, 632 Fed. Appx. 602 (11th Cir. 2016): Affirming order of bankruptcy court approving a settlement entered into by the chapter 7 trustees in related cases over the objection of lender which proposed to continue litigation being compromised.
    • In re Antonini, 555 Fed. Appx. 909 (11th Cir. 2014): Affirming bankruptcy court judgment in favor of petitioner awarding fees for bad faith filing of involuntary petition in bankruptcy and denial of discharge of debt
    • Cutuli v. Elie, No. 13-21721-KMM, 2014 WL 584211 (S.D. Fla. Feb. 14, 2014): Affirming bankruptcy court order overruling objection to creditor’s claim in bankruptcy.
    • Boxer Finance, LLC v. Mukamal, No. 1:13-cv-23142-KMM (S.D. Fla. Sept. 29, 2014): Affirming order of bankruptcy court approving a settlement entered into by the chapter 7 trustee which included a litigation bar order, finding that the bankruptcy court possessed jurisdiction to enter the bar order and it was otherwise fair and equitable.
    • In re Scantling, 754 F.3d 1323 (11th Cir. 2014): Holding that a so-called "Chapter 20" debtor ineligible for a discharge in her chapter 13 case may nevertheless strip off valueless liens on her principal residence.
    • WHR Holdings, LLC v. Geoff & Krista Sims Enterprises, Inc., No. 11-61576-KAM, 2011 WL 5838387 (S.D. Fla. Nov. 11, 2011): Holding that a settlement agreement between the debtor and a third party was an executory contract necessary to operate the debtor's business which was not excluded from the sale such that there was no basis to challenge the sale of the debtor's assets.
    • Krause v. Textron Financial Corp., 59 So. 3d 1085 (Fla. 2011): Holding, in part, that the tolling provisions in § 1367(d) tolls claims commenced in federal court but later dismissed for lack of subject matter jurisdiction such that the dismissed claims could be reasserted in state court if filed within 30 days of dismissal.
    • Osborne v. Dumoulin, 55 So. 3d 577 (Fla. 2011): Holding that, for the purpose of the statutory personal property exemption in Fla. Stat. § 222.25(4), a debtor in bankruptcy does not receive the benefits of Florida's constitutional homestead exemption where the debtor owns homestead property but does not claim the exemption in bankruptcy and the trustee's administration of the property is not otherwise impeded by the existence of the exemption.
    • Lawrence v. Goldberg, 573 F.3d 1265 (11th Cir. 2009): Holding, in part, that the Barton doctrine applied to suit by debtor against the chapter 7 trustee and his professionals where the crux of the suit concerned efforts to collect and reduce to money an offshore asset protection trust found to constitute property of the bankrupt estate.
    • Fern v. Eagles Reserve Homeowners Ass'n, Inc., 231 Fed. Appx. 941 (11th Cir. Aug. 21, 2007): Holding that district court correctly rejected a challenge to a settlement agreement which was within the bankruptcy court's "related to" subject matter jurisdiction.
    • In re Piccadilly Cafeterias, Inc., 484 F.3d 1299 (11th Cir. 2007): Holding that Bankruptcy Code § 1146(a)'s stamp tax exemption applies to transactions necessary to consummation of a confirmed chapter 11 plan. This ruling was reversed by the United States Supreme Court which sided with other circuit courts of appeal which have that the exemption contemplated by § 1146(a) only applies to transfers under a chapter 11 plan.
    • Rodriguez v. Dept. of Corrections, 508 F.3d 611 (11th Cir. 2007): Holding that the district court erred in granting judgment for defendants/appellees where genuine issue for trial existed concerning plaintiff/appellant's § 1983 claims deriving from near fatal attack at prison after prison authorities had been advised by prisoner that his life was in danger).
    • Chames v. DeMayo, 972 So. 2d 850 (Fla. 2007): Holding that there can be no waiver of the homestead protection provided for in Florida's constitution in respect of an unsecured claim as distinguished from a secured (mortgage) claim.
    • In re Westwood Community Two Ass'n, Inc., No. 05-13753, 2006 WL 940647 (11th Cir. April 12, 2006): Affirming order denying fees and ordering fees received by trustee's counsel disgorged because counsel had no right to be paid from funds derived from an improper assessment against non-debtor homeowners where such funds were not estate property and because counsel ran the risk of nonpayment and disgorgement if the estate turned out to be insolvent.
    • Karma Intn'l., S.A.R.L. v. Karre, 173 Fed. Appx. 755 (11th Cir. 2006): Holding in part, that the district court correctly dismissed state law  claims based on lack of "related to" subject matter jurisdiction where litigation proceeds were promised to the debtor, a non-party.
    • Cowan, Liebowitz & Latman, P.C. v. Kaplan, 902 So. 2d 755 (Fla. 2005): Holding that parties may assign claims for legal malpractice committed in preparing private placement memoranda, and receding from dicta in prior caselaw purporting to prohibit the assignment of all legal malpractice claims.
    • Lawrence v. Goldberg, 153 Fed. Appx. 552 (11th Cir. 2005): Affirming district court's denial of debtor/appellant's writ of prohibition and mandamus based on his to meet the strict requirements for such extraordinary relief in connection with his incarceration for civil contempt for failure to comply with turnover order concerning the res of an offshore asset protection trust.
    • In re Piper Aircraft Corp., 362 F.3d 736 (11th Cir. 2004): Affirming denial of post-confirmation motion to compel the trustee for the Piper Aircraft Irrevocable Trust to furnish certain records that the trustee supplied to actuaries in connection with a re-computation process directed by the Trust where movant had received all documents required by the Trust and it failed to negotiate a provision requiring the trustee to provide further documentation.
    • In re Bateman, 331 F.3d 821 (11th Cir. 2003): Holding that a secured creditor cannot collaterally attack a confirmed chapter 13 plan, even though the plan conflicted with the mandatory provisions of the Bankruptcy Code, where the secured creditor failed to object to the plan's confirmation or appeal the confirmation order, and that a secured creditor's claim for mortgage arrearage survives the confirmed plan to the extent it is not satisfied in full by payments under the plan, or otherwise satisfied under the terms Code § 1325(a)(5).
    • In re World Wide Web Systems, Inc., 328 F.3d 1291 (11th Cir. 2003): Affirming denial of defendants/appellants' motion to vacate default judgment in avoidance action where they failed to establish "excusable neglect," that is, a meritorious defense that might have affected the outcome; granting the motion would not result in prejudice to the non-defaulting party, and (3) a good reason existed for failing to reply to the complaint.
    • In re Martinez, 311 F.3d 1272 (11th Cir. 2002): Affirming grant of summary judgment against law firm based on claims that firm, engaged in debt collection activities, violated § 1962g of the Fair Debt Collection Practices Act by failing to give notice required under the statute.
    • In re Lawrence, 279 F.3d 1294 (11th Cir. 2002): Affirming order directing debtor to turn over to the chapter 7 trustee the res of an offshore asset protection trust and holding the debtor in contempt and ordering him incarcerated until he purged the contempt by complying with turnover order.
    • Ex Parte Karl James Dorough, 773 So. 2d 1001 (Ala. 2000): The Supreme Court held that it could not determine whether the forfeiture of the petitioner's vehicle was excessive and, therefore, violates the Excessive Fines Clause of the Eighth Amendment to the United States Constitution because the trial court made no findings as to the value of the vehicle, the amount of controlled substance seized from the vehicle or the criminal charge, if any, made against the petitioner.
    • In re Alabama Symphony Ass'n, 211 B.R. 65 (N.D. Ala. 1996): Holding, in part, that the bankruptcy court committed reversible error in approving debtor-symphony's rejection of collective bargaining agreement with union where the debtorsymphony breached the collective bargaining agreement and, therefore, Bankruptcy Code § 1113(f).
    • In re Miami Trucolor Offset Serv. Co., 187 B.R. 767 (Bankr. S.D. Fla. 1995): Holding, in part, that where creditors whose claims were subject of objections neither sought or obtained leave of the court to have their claims allowed for voting purposes prior to the deadline to submit ballots, their ballots rejecting the plan could not be counted where the plan provided that creditors whose claims were subject to objections had to obtain an order allowing same for voting purposes.
    • In re North Alabama Anesthesiology Group, Inc., 154 B.R 752 (N.D. Ala. 1993): Reversing an order of the bankruptcy court enjoining a state suit against non-debtor guarantors for breach of consulting and non-compete agreement based on the res judicata effect of a ruling by the Alabama Supreme Court that the chapter 11 confirmation order did not bar the state suit.
  • Martindale-Hubbell, AV® Preeminent™ rated
  • The Best Lawyers in America®,  Bankruptcy and Creditor Debtor Rights/Insolvency and Business Reorganization Law, 2018-2019
  • Director, Bankruptcy Bar Section, Federal Bar Association, October 2017 to present
  • Director, Bankruptcy Bar Association of The Southern District of Florida (2010-2013)
  • Member, West Palm Beach Chapter of Federal Bar Association
  • Markowitz, Davis, Ringel & Trusty, P.A., Miami, FL
  • Schoel, Ogle, Benton & Centeno, P.A., Birmingham, AL

American Bankruptcy Institute Journal, "Retention of a Turnaround Firm"

October 2018

Law360, "New Value Defense: 11th Circ. Reverses 30-Year-Old Precedent"

August 30, 2018

The Federal Lawyer, "A Primer on the Roles of the Office of the US Trustee and Individual Trustees in Bankruptcy Proceedings"

July 30, 2018

The Federal Lawyer, "Constitutional Issues Concerning Civil Forfeiture"

March 2018

The Florida Bar Out-of-State Division, "New Eleventh Circuit opinion may warrant a second look at Florida as a venue for chapter 11 bankruptcy filings"

Winter 2017

Law360, "11th Circ. Just Got More Attractive For Business Bankruptcy"

October 24, 2017

The Record, "A Primer on the Law of the Case Doctrine in the Eleventh Circuit"

July 20, 2017

Doing Business in Florida, "Homecourt Advantage: Pitfalls, Challenges and Opportunities regarding nonparty witness subpoena motion practice in Federal District and Bankruptcy Court"

May 4, 2017

The Federal Lawyer, "A Primer on Vacatur of a Prior Court Order as Part of a Settlement Agreement; Recent Case Law"

March 2017

American Bankruptcy Institute Journal, "Equitable Mootness: Is It Time for the Supreme Court to Weigh In?"

March 2017

Doing Business in Florida "Exclusive Arbitration Clauses and Non-Parties to Agreements: The Eleventh Circuit Holds That the Kardashians Cannot Compel Arbitration"

January 24, 2017

Doing Business in Florida, "Foreign Businesses Catering to U.S. Tourists Can Enforce Contract Provisions Determining Where Litigation for Injuries Suffered Overseas Must Be Initiated"

January 6, 2017

Doing Business in Florida "Subject Matter Jurisdiction Trumps All in Appeals"

September 22, 2016

Doing Business in Florida, "Eleventh Circuit Gives Guidance to Third Parties Served With Discovery"

May 27, 2016

Doing Business in Florida, "Post-Westwood Eleventh Circuit Bankruptcy Appellate Standing Cases"

February 19, 2016

Doing Business in Florida, "Approval of Bankruptcy Settlements – No Evidentiary Hearing Required"

February 16, 2016

The Federal Lawyer, "Can A Waiver of Indemnification Insulate an Insider-Guarantor From Preference Liability?"

February 3, 2016

Doing Business in Florida, "Be Careful What You Wish For: Eleventh Circuit Finds that an Assignment for the Benefit of Creditors Cannot be Converted into a Bankruptcy without Specific Authorization"

January 28, 2016