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Robert F. Higgins

Partner

Practice Areas

• Bankruptcy and Creditors’ Rights
• Alternative Dispute Resolution
• Commercial Litigation

Specialty Practices/ Industries

• ADR: Pre-mediation and pre-arbitration advice and strategy; Co-counsel in mediations and arbitrations; Service as a mediator in commercial litigation; Service as a mediator in bankruptcy issues
• Bankruptcy: Creditor and Special Interest Committee representation; Sophisticated preference and fraudulent conveyance litigation; Advice on stay relief and lien enforcement issues; Mediation of Chapter 11 Plan issues
• Creditors' Rights/Lien Enforcement: Multi-Site Foreclosure and Lien Enforcement Issues; Expert Testimony on lender policies regarding secured lien enforcement issues; Advise on sophisticated workout agreements
  

Education

• Washington University in St. Louis School of Law, J.D., 1969
• Marietta College, B.A., 1966

Admitted

• The Florida Bar - 1972
• Missouri Bar - 1968
• Ohio Bar - 1969

Appointments and Elected Positions

• Meritas Corporate Business Development Committee 2006-2007

Recognition

• Martindale-Hubbell Rating: AV
• Listed in the Best Lawyers in America 2007-2008
• "Florida's Top Lawyers" Florida Monthly Magazine
• Orlando's Best Lawyers 2006-2008 Orlando Magazine
• "Florida Legal Elite" 2006 Florida Trend Magazine
• Selected for inclusion in 2006-2008 Florida Super Lawyers
• "Best of the Bar" by Orlando Business Journal
• "Top Lawyers" Corporate Counsel
• 2006-2007 "Honors Edition" of the Madison Who's Who of Executive and Professionals
• "Florida's Top Lawyers" Florida Monthly Magazine
• Best Lawyers Annual Guide to Bankruptcy and Creditor-Debtor Rights Law Corporate Credit Magazine

Professional Certification, Memberships and Activities

Professional Associations
Orange County Bar Association
American Bar Association
The Florida Bar
Central Florida Bankrutpcy Law Association, President, Board of Directors
Meritas, Corporate Development Committee
CRABS Financial Services
Corporate Marketing Presentation, Board of Directors, past Vice-Chairman
Professional Certifications
Florida Supreme Court Certified Mediator
Member of American Arbitration Association
National Commercial Panel
National Association of Securities Dealers, Approved Arbitrator

Community Activities

Washington University in St. Louis School of Law Alumni Association
U.S. Air Force Judge Advocate Corps., USAF Trial Judiciary
Florida A&M Law School, Bankruptcy Clinic Program
Seniors First, Board of Directors

Publications and Lectures

"Bankruptcy Evaluation of Claims Secured by a Mortgage on Realty and Assignment of Rents," with David E. Peterson, Esquire and Matt E. Beal, Esquire Commercial Law Journal, The Commercial Law League of America
"Is the Homestead Subject to the Statute on Fraudulent Asset Conversion?" with David E. Peterson, Esquire and Matt E. Beal, Esquire The Florida Bar Journal
"Is There a One-Year Preference Period for Non-Insiders?" American Bankruptcy Law Journal
"Leasehold Mortgage Issues," with David E. Peterson, Esquire and Matt E. Beal, Esquire The Quarterly Report, The Florida Bar Business Law Section
"The Relationship Between the Corporate Client and Their Legal Services Providers" at Stetson University's Center at Celebration
"Problems and Pitfalls in Electronic Discovery for Corporate Counsel"
"Marketing and Increasing Firm-to-Firm Referrals" Meritas Marketing Summit
"Results of Our Group Marketing To Specialty Areas of Practice" Meritas Marketing Summit
Facilitated "How to Grow the Meritas Marketing Effort to Companies in the Broad Financial Services Sector" Meritas Financial Services meeting
"ADR in the Business World"

Representative Client Experience

Representation of financial institutions, private and asset based lenders, real estate departments of insurance companies, lessors, bond and stockholders, manufacturers, contractors and developers in the enforcement and protection of their secured liens and rights in major Chapter 11 bankruptcy cases throughout the country. Extensive experience with motions for stay relief and adequate protection, avoidance actions, DIP lending, fraudulent and preferential transfer and fraud claims, valuation litigation, the preparation of Plans of Reorganization and contested confirmation trials, as well as all other aspects of bankruptcy litigation.

Representative Projects

• Represented the primary secured creditor and DIP lender in the largest successful reorganization of a national trucking company.
• Represented a creditor in a successful objection to a bankruptcy debtor's homestead exemption claim under Florida law that led to a landmark Eleventh Circuit Court of Appeal opinion limiting homestead rights in the State of Florida.
• Represented multiple claimants successfully in adversary cases in one of the largest asbestos manufacturer bankruptcies in the country.
• Represent creditor and bond claimant committees in the protection and enforcement of their interests and claims.
• Represent Bankruptcy Trustees in avoidance, preference, discharge, fraud, and fraudulent conveyance actions.
• Appointed as a special examiner by bankruptcy courts.
• Regularly appointed by Bankruptcy Courts as mediator of complicated adversary cases, including three major cases involving bankruptcies of companies engaged in Ponzi schemes.
• Representation of public and private lenders in hundreds of foreclosure, receivership and troubled loan workouts involving resort hotels, motels, commercial office buildings, real estate developments, restaurant operations, the hospitality industry, golf course developments, shopping centers, rental apartment buildings, commercial residential and recreational condominiums, recreational vehicle parks, manufacturing facilities, automobile and parts dealerships and mortgage warehousing companies.
• Examples:
  • Lead counsel in the successful workout of a troubled loan on Florida's largest resort hotel.
  • Successfully foreclosed on hundreds of major commercial properties throughout Florida.
  • Substantial experience in the prosecution and defense of lender liability claims
  • Representation of public and private corporation, partnership and individual business and commercial litigation, including contract, partnership, corporate, non-compete, technology and intellectual property issues, construction and mechanic lien litigation, constitutional law litigation, land use and real estate litigation.
  • Successfully defended a major manufacturer of air pollution control devices in a multi-million dollar claim arising out of the largest phosphate manufacturing facility in Florida.
  • Successfully argued an appellate case that clarified an owner/developer's insulation from direct privity claims of sub-contractors.
  • Represented a developer before the Supreme Court of Florida on an issue that clarified the rights of voters to amend state law mandated Comprehensive Land Use Plans through voter referenda.