David Joseph Volk

Conducted over eighty trials and over eight hundred hearings as sole or lead counsel.  Litigated cases around the State of Florida and in Colorado, New York, Pennsylvania, Alabama, and West Virginia.  Results of interest include the successful prosecution of a receivership involving an aircraft equipment manufacturer and approximately thirty other defendants with claims to property on the premises, winning a key part of a case with tens of millions of dollars in play based on the legal status of the parties (other issues are still pending), preventing bankruptcy discharges of approximately $1,000, and $830, in business debt owed clients due to misconduct by debtors in filing their cases; obtaining an $830, fraud judgment at trial regarding false statements used to lease a jet; a $5,400, housing development foreclosure including negotiating terms by which the developer would allow foreclosure, not file for bankruptcy protection, and assist the lenders in completing the project; reported cases, including regarding bankruptcy dischargeability, regarding the scope of the Florida homestead exemption for rural property and Complaint drafting to obtain jurisdiction over out-of-state defendants; lender liability cases representing borrowers so that strict compliance with loan documents is excused; commercial landlord-tenant cases where significant lease indebtedness was reduced to de minimis amounts; Chapter 11 reorganization of a construction contractor with fifteen employees, and enforcement of a non-compete injunction for our client resulting in a total award of over $650, because of the violation. He also had a recent case dealing with lien stripping in bankruptcy decided by the United States Supreme Court and prevailed in a trial involving tens of millions of dollars and a trial in a case  to prove and recover hundreds of thousands for violation of a noncompete injunction.

Experience Volk has focused on trial practice and has assisted clients in the following areas of law: 

❂ Bankruptcy: experience in virtually all aspects of that field.  He has represented creditors, debtors, and professionals in bankruptcy proceedings, including personal, manufacturing, real estate, and restaurant reorganizations, liquidations, stay proceedings, claim disputes, fraud/preference litigation, and discharge litigation.

❂ Commercial Litigation:  numerous and varied disputes such as partner and shareholder, employer-employee actions including trade-secrets, non-compete, and employment agreements, breach of contract, UCC, lender liability, RICO, securities, sale of business, and franchise actions.

❂ Fraud: diverse matters including lending, automobile, prop and jet aircraft, race car, and real estate schemes.

❂ Collections:  prosecuted and defended attachments, replevins, garnishments, fraudulent transfer suits, and levies.

❂ Real Property Rights:  prosecuted and defended mortgage foreclosures and other matters involving real estate such as commercial landlord/tenant, ownership, nuisance, construction defect and lien, and eminent domain cases.

❂ Governmental Misconduct: code enforcement misconduct and owner rights, administrative rights, and civil rights violations.     

❂ Forfeiture Litigation:  represented the Florida Department of Highway Safety and Motor Vehicles in contraband forfeiture suits.