Michael S. Provenzale

Mike Provenzale is a shareholder in the Creditors’ Rights Group, representing institutional and private lenders in commercial loan foreclosure and other collection lawsuits, receiverships, workouts, and bankruptcies throughout the state. Mike's bankruptcy practice involves representing creditors of all types in Chapter 7, 11, and 13 cases, as well as advisory proceedings.

In his litigation practice, Mike also represents clients on a variety of matters concerning business, real estate, and condominium litigation.

Additionally, Mike has experience in the area of real estate transactions, development and finance. He has represented a myriad of private and public clients in connection with the leasing, financing, acquisition, and disposition of commercial real estate.

Mike has also published several articles on current creditors’ rights and real estate issues.

Experience

Representative Cases

• In re 2 Monkey Trading, LLC, 2023 WL 3947494
• In re Pope, 2022 WL 16859665
• In re Burke, 2021 WL 1997257
• Wells Fargo v. Barber, et al., 85 F.Supp. 3d 1308 

Representative Matters

• Successfully defeated Chapter 11 debtor’s bid for a temporary injunction protecting its owners in connection with confirmation of its plan of reorganization.
• Obtained judgment for factoring company, including successful defense of lender liability counterclaims at trial.
• Obtained a multi-million-dollar judgment in bank fraud case stemming from forged documents.
• Represented a court-appointed receiver over marble fabrication company and its affiliates, resulting in multiple assets sales and significant recovery to creditors.
• Obtained dismissal of Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act claims filed in federal court against a creditor.
• Obtained various judgments declaring debts non-dischargeable in bankruptcy based upon intentional, willful, and malicious acts, and fraud.
• Successfully resolved debt collection litigation on behalf of a bank involving Nevis trust law and the imminent removal of funds to a foreign country.
• Represented a purchaser of failed bank assets from the FDIC during the Great Recession, resulting in numerous foreclosure and debt collection filings and workouts.
• Obtained numerous multi-million dollar deficiency judgments.
• Represented buyers of various real estate projects in Section 363 sales conducted in the seller’s bankruptcy, including hotels, golf courses, and vacant land.
• Defended fraudulent transfer claims brought by bankruptcy trustee against creditor.
• Negotiated an eight-figure loan sale and contemporaneous deed-in-lieu of foreclosure from the borrower to the note buyer.
• Handled the successful appellate representation of mortgage lender following a bankruptcy court ruling invalidating its mortgage, leading to reinstatement of mortgage and payment in full.
• Obtained complete defense verdict at trial for real estate investor sued to enforce restrictive covenants.
• Successfully resolved dispute over breached warranties in litigation over a hotel purchase.
• Obtained favorable summary judgment ruling on a major legal issue in a condominium termination lawsuit, leading to its settlement.
• Negotiated the resolution of an easement dispute between a hotel and an adjacent parking lot, ending litigation over parking usage.

News

Speaking Engagements

Publications

Recognition

• Awesome Attorneys, Orlando Family Magazine, 2023
• Rising Star, Florida Super Lawyers, 2016-2022
• Managing Editor, Florida State University Law Review
• Order of the Coif
• Florida Blue Key

Community Activities

• Mills 50 Main Street District, Board of Directors
• Harry P. Leu Gardens Board of Trustees, Former Chairman

Professional Certifications & Memberships

• Orange County Bar Association
• The Florida Bar
• Turnaround Management Association
• Central Florida Bankruptcy Law Association