Gunster represents secured and unsecured creditors, creditors’ committees, lenders, indenture trustees and business owners in bankruptcy matters. Our firm is dedicated to providing comprehensive legal counsel from the initial stages of evaluating the alternatives and assisting in prepetition planning, handling bankruptcy proceedings and adversary litigation, through the plan of reorganization. Our team includes a former panel trustee and senior counsel with a wide variety of experiences in representing creditors, debtor in possession lenders, purchasers of assets in bankruptcy sales, landlords and valued vendors.
Protecting the rights of creditors requires skilled, experienced professionals who have a dimensional understanding of bankruptcy law. Gunster’s Bankruptcy team is committed to assisting in the negotiation of agreements to re-document loans, obtaining relief from stay, as well as pursuing defaulting debtors and enforcing their rights in liquidation and reorganization matters. The firm represents creditors’ committees and equity holders, as well as individual creditors or lenders in the protection of their rights and assets in both out-of-court restructurings and/or a chapter 11 reorganization proceedings. The firm has experience in negotiating and supervising out-of-court, informal workouts and debt compositions, for both debtors and creditors.
Our attorneys strive to be effective advocates in prosecuting and defending the wide variety of litigation claims that arise in bankruptcy proceedings. Our firm’s goal is to offer both the extensive trial experience and a multi-dimensional understanding of the Bankruptcy Code in order to resolve complex bankruptcy disputes both in and out of court. Our team has effectively handled a broad range of disputes and claims, including those pertaining to:
- A debtor’s use of cash collateral
- Debtor-in-possession financing
- Section 363 Sales transactions
- Section 365 assumption or rejection of leases
- Executory contracts
- Approval of disclosure statements
- Confirmation of reorganization plans
- Relief from the automatic stay
- Preference avoidance actions
- Fraudulent transfer actions
- Claims objections
- Exceptions from discharge
- Objections to discharge
- Appeals from Bankruptcy Courts to U.S. District Courts, as well as the 11thCircuit Court of Appeals
Bankruptcy proceedings are fast-paced and the stakes are usually high, requiring solid judgment to resolve complicated disputes in the most cost-effective way possible. Chapter 11 and Chapter 7 matters often unfold very quickly. Our attorneys seek to promptly and efficiently address the variety of issues that arise in bankruptcy proceedings, including first day motions. Our team also includes Tax, Corporate and Real Estate lawyers who can address the myriad of issues that can arise related to bankruptcy.
Our team members are regularly involved in adversary proceedings. Our attorneys represent bankruptcy trustees in claims against a debtor or its principals for making fraudulent schedules, misusing the bankruptcy system, or for avoidance and recovery of preferential or fraudulent transfers. Additionally, if other parties received avoidable transfers, our attorneys have also been called upon by the trustee to bring actions to recover those funds. Our team members have defended claims brought by trustees and debtors against creditors and other non-debtors. Our lawyers represent creditors in adversary proceedings against debtors by seeking exceptions from discharge, or a complete denial of a discharge resulting from a debt arising from fraudulent activities of the debtor. Our team also advocates our creditor client’s rights when contesting the priority of the lien of another creditor.