Miami, FL
Bankruptcy and debt Lawyer at Miami, FL
Practice Areas: Bankruptcy & Debt, Real Estate ... +3 more
OUTCOME: Partial Summary Judgment on liability in favor of the Trustee Granted
Adversary action filed on behalf of Chapter 7 Trustee seeking to avoid preferences and fraudulent transfers
OUTCOME: Motion to Dismiss Denied in part and Granted in Part
Claims for misappropriation of business idea, breach of noncompetition and non-circumvention and Unfair and Deceptive Trade Practices Act.
OUTCOME: Affirmed in part, reversed in part
Appeal to reverse trial court ruling awarding relief as violating client's due process rights.
OUTCOME: Eleventh Circuit Court of Reversed in favor of Trustee.
Following $3.9 million settlement of her lawsuit involving some 377 allegedly fraudulent transfers made by debtor, Chapter 7 trustee filed adversary complaint against transferee that had not been named ... as a defendant in the first action, asserting that this defendant was the initial transferee of 11 of the 377 fraudulent transfers at issue in the settled lawsuit and seeking to recover approximately $900,000.00 on the basis that her claims against this defendant had been only partially satisfied by the settlement. After granting partial summary judgment in favor of each party, the United States Bankruptcy Court for the Southern District of Florida, No. 01-15934-BKC-RA, Barry S. Schermer, J., entered final summary judgment for defendant, applying Florida law and crediting entire amount of settlement to trustee's claims. Trustee appealed. The District Court, No. 05-21059-CV-PAS, Patricia A. Seitz, J., affirmed. Eleventh Circuit Court of Appeals Reversed in favor of Trustee.
OUTCOME: Order vacating default judgment affirmed in favor of client
Defense of an Appeal in which default against client was vacated by the trial judge after demonstrating that notice of appearance had been filed and establishing excusable neglect and meritorious defen ... se.
OUTCOME: Credit Union prevailed in redemption turnover proceeding.
Representing credit union that repossessed a vehicle pre-petition, Chapter 13 debtors moved to redeem and to compel turnover of motor vehicle. Successfully argued, and bankruptcy court ruled that: (1) ... debtors' bare redemptive rights in motor vehicle that was validly repossessed, in accordance with Florida law, prior to commencement of their Chapter 13 case was insufficient to bring motor vehicle into property of the estate or to compel turnover; and (2) debtors could not exercise their Florida state law right to redeem motor vehicle that secured creditor had repossessed prepetition, simply by paying full redemption amount over course of their Chapter 13 plan.
OUTCOME: Trial Orders in favor of Wife Affirmed.
Appeal representing the wife in a case involving Florida Family Court's alimony and property award to the wife and trial court's jurisdiction to award alimony and make property distribution after Puert ... o Rico Court entered divorce decree
OUTCOME: The District Court of Appeal affirmed and held that purchaser was not entitled to attorney fees.
Representing vendor defending an appeal of the trial court's order denying attorney's fees to vendor. After vendor took voluntary dismissal of its suit against purchaser, the Circuit Court, Dade County ... , Steve Levine, J., denied purchaser's application for award of attorney fees. Purchaser filed petition for writ of certiorari. The District Court of Appeal affirmed and held that purchaser was not entitled to attorney fees.
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