Lowndes Drosdick Doster Kantor & Reed, P.A.

Practices and IndustriesPractices and Industries


Bankruptcy and Creditors’ Rights

The firm attorneys who specialize in bankruptcy, creditors’ rights and commercial litigation have vast experience in all aspects of sophisticated bankruptcy practice and litigation, the enforcement and re-structuring of problem loans, and federal and state commercial trial and appellate practice. Our attorneys regularly appear in all of Federal Bankruptcy and District Courts in Florida and in most Circuit Courts throughout the state. The firm's bankruptcy lawyers frequently appear in major cases throughout the country on behalf of the firm’s clients.

Bankruptcy

The firm’s bankruptcy practice focuses on the representation of lenders, creditors and lessors in sophisticated Chapter 11 reorganizations and Chapter 7 liquidations. We offer significant experience to our clients in connection with:

  • Bankruptcy litigation, including relief of stay, preference and fraudulent conveyance claims and claims litigation;
  • Commercial leases, rejections claims and executory contract disputes;
  • DIP financing;
  • Asset sales;
  • Committee representation;
  • Negotiation of “pre-packaged” plans;
  • Negotiation of plans of reorganization and confirmation disputes;
  • Representation of bankruptcy trustees in complicated preference and fraudulent conveyance actions;
  • Bankruptcy appeals.

Creditors' Rights

Firm attorneys have substantial expertise in the representation of commercial, asset based and consumer lenders in connection with:

  • Sophisticated state and federal court creditors’ rights litigation, including suits to recover monies owed, real estate and personal property foreclosures and replevin, attachment and injunction actions;
  • Receiverships;
  • Workout of problem loans;
  • Debt restructuring;
  • Defense of lender liability claims;
  • Residential mortgage foreclosures, timeshare foreclosures;
  • Deeds-in-lieu of foreclosure and friendly foreclosures;
  • Defense of lender liability claims;
  • Fraudulent conveyance claims;
  • Assignments for the benefit of creditors;
  • Commercial bank operation issues.

Sophisticated Business and Real Estate Transactions

The firm attorneys who specialize in the areas of bankruptcy and creditors’ rights assist the transactional, securities and real estate attorneys in the firm in the structuring of sophisticated lending transactions, asset transfers and real estate sales and acquisitions, including:

  • Establishing bankruptcy-remote special purpose entities in connection with securitized loan transactions;
  • Rendering substantive consolidation, “true sale”, preference and fraudulent transfer opinions;
  • Planning the structure of asset sales to avoid claims in bankruptcy that the transaction was preferential or fraudulent;
  • Corporate and securities law issues.

Personal and Estate Planning

The attorneys with expertise in bankruptcy and creditors’ rights issues are available to assist the firm’s tax and estate planning attorneys with issues that relate to clients' personal asset and estate planning.

Clients

The clients of the firm include commercial and private banks, real estate investment trusts, real estate departments of insurance companies, partnerships, bankruptcy trustees, indenture trustees, creditors’ committees, as well as a broad range of secured and unsecured creditors.



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