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Focusing on the areas of bankruptcy and restructuring, complex business litigation, creditors' rights, collection defense for judgment debtors, commercial foreclosure, director, officer, manager and member liability litigation, and fraud litigation, Tabas & Soloff has built its reputation on a robust foundation of client service. The firm serves a variety of clients, including debtors, creditors, business, financial services companies and loan/mortgage servicers in the State of Florida and beyond.
Bankruptcy and Restructuring [+]
Tabas & Soloff's lawyers represent clients throughout the U.S., serving as bankruptcy counsel, trustee or receiver in complex cases and in restructuring and other insolvency related matters. Our lawyers have years of experience with out-of-court restructuring and workouts, bankruptcy law and litigation and have been recognized for their exceptional service to clients in bankruptcy matters by SuperLawyers, Martindale-Hubbell, Corporate International Magazine and the Daily Business Review.
Tabas & Soloff's bankruptcy practice encompasses all aspects of bankruptcy proceedings, including Chapter 11 reorganization, Chapter 7 liquidation, Chapter 13 individual reorganization and state-court assignment for the benefit of creditors. The bankruptcy practice includes representing debtors, creditors, committees and trustees.
Given our diverse and extensive bankruptcy experience, we can help with whatever your needs require, pertaining to or ranging from:
- Chapter 11 Reorganizations and Liquidations
- Cash Collateral Disputes
- Filing and defending objections to proofs of claims
- Creditor’s committee representation
- Chapter 11 Trustee representation
- Chapter 11 Debtor-in-Possession representation
- Corporate governance disputes
- Assumption or rejection of complex contracts
- Section 363 asset sales
- Bankruptcy Adversary Proceedings and Complex Contested Matters
- Bankruptcy-Related Appellate Litigation
- Chapter 7 Liquidation
- Chapter 7 Trustee representation
- Effectively liquidating and monetizing assets of debtor estates
- Prosecuting and defending preference actions
- Prosecuting and defending fraudulent transfer actions
- Prosecuting and defending discharge and dischargeability actions
- Filing and defending objections to proofs of claims
- Section 363 asset sales
- Prosecuting and defending various types of Ponzi scheme recovery actions
- Chapter 13 Individual Reorganization
- Protecting rights of creditors
- State and Federal Court Receiverships
- Serving as receiver
- Representing receiver
- Representing receivership targets
- Representing creditors
- State and Federal Court Receiverships
- Representing debtor/assignor
- Representing assignees
- Representing creditors
Joel L. Tabas is certified in business bankruptcy law by the American Board of Certification (ABC), which for over twenty years has certified lawyers in business bankruptcy, creditors’ rights and consumer bankruptcy. ABC, the nation’s premier legal specialty certification organization, is sponsored by the American Bankruptcy Institute and the Commercial Law League of America, and all three ABC certification programs are accredited by the American Bar Association. ABC’s business bankruptcy certification has not been accredited by the Florida Bar, which does not offer a certification in business bankruptcy.
Our bankruptcy and restructuring team understands the nature of all distressed situations and can provide efficient and cost-effective resolutions tailored to each client’s specific needs and legal circumstances.
Complex Business Litigation [+]
Tabas & Soloff has always been heavily involved in complex business litigation. Because we’ve been doing it a long time, we know how to do it well. And, by remaining up to date on changes in the legal framework of business litigation issues and using sophisticated technology, we can help you get through it cost effectively, in all manner of commercial litigation matters, including:
- Business Fraud
- Business Torts
- Construction Disputes and Litigation
- Construction Liens
- Contract Disputes
- Corporate, Partnership and Business Entity Disputes
- Director & Officer Litigation
- Fiduciary Litigation
- Foreclosure Litigation
- Fraudulent Transfer Litigation
- Landlord/Tenant Disputes
- Loan Workout
- Mortgage Fraud
- Real Property Litigation
- Securities Fraud
We have successfully handled numerous complex multi-million dollar commercial litigation cases. As part of this practice, we encourage alternative dispute resolution, workout, lawsuit prevention and settlement wherever possible and practicable. We understand that every case and every situation is unique and will work with you to find the best solution possible. When litigation is unavoidable, however, we have all the necessary resources and are well-positioned to optimize your outcome.
Creditors' Rights [+]
When a business or individual owes you money, collecting it can be challenging. Tabas & Soloff's creditors’ rights team actively pursues creditors’ rights in order to protect the rights and maximize returns.
Tabas & Soloff has represented secured and unsecured creditors, banks, lending institutions and related entities, and court-appointed receivers and assignees for the benefit of creditors. We have substantial litigation experience in all types of creditors’ rights, UCC, and banking disputes.
Our attorneys handle these rights cases on an almost daily basis, and have many years of experience in the area. In today’s business climate, it is inevitable that most businesses will, at some point, be creditors, purposefully or not, in or out of the bankruptcy forum, and navigating through the minefield can be challenging. We can help, as we have expertise in all facets of creditors’ rights, including:
• Asset-Based or Secured Lending Counseling and Litigation
• Assignments for the Benefit of Creditors
• Collection Proceedings
• Creditor Representation in Bankruptcy
• Creditor's Committee Representation
• Foreclosure Litigation
• Fraudulent Transfer Litigation
• Mortgage Fraud Defense and Unwinding
• Mortgage Servicer Defense (FDCPA, FCCPA, TILA, RESPA, etc.)
• Preference Litigation
Our focus in the creditors’ rights area is to protect your interests and help you recover your money; both in a cost-effective and timely manner. If you would like more information about our creditors’ rights practice interests and how our firm can assist you, please feel free to contact any of our partners or attorneys directly, or by using the “Contact Us” link below.
Collection Defense for Judgment Debtors [+]
Tabas & Soloff practices collection defense for judgment debtors. We bring an understanding of asset protection to the table when handling these cases and because we have a broad-based creditors’ rights practice, we understand both sides of the collection equation and can examine and exploit the strengths and weaknesses of typical collection and defense strategies.
We are often able to successfully attack the underlying judgment but if that is not possible, we know how to maximize the benefit of asset protection planning and state and federal exemption laws. We also know how to successfully negotiate with creditors when necessary. Our experience and ability in this area will allow us to effectively guide you through the treacherous and stressful process of dealing with a judgment entered against you.
Finally, because of our bankruptcy and restructuring practice, we are often able to leverage a credible threat of a bankruptcy alternative to workout negotiations. And if all other alternatives are unsuccessful, we can provide a seamless transition to bankruptcy strategies.
Commercial Foreclosure [+]
During times of economic recession, developers, contractors and other owners of commercial property often find themselves struggling to afford their commercial mortgages or other loan obligations secured by commercial or multi-unit residential real property. Numerous financial services entities of varying types have called upon the attorneys of Tabas & Soloff to assist them with these situations.
Florida law requires judicial foreclosure of all mortgage interests, but even before that point, once a loan has been identified as distressed, there are consensual remedies that can and should be explored, and we can assist with those, including workouts, restructurings and modifications. In the event the borrower cannot make payments under any negotiated scenario, we can do a deed in lieu of foreclosure or “friendly foreclosure” from start to finish. If those efforts fail, before filing we assist our creditor clients in making proper demands on borrowers and guarantors and exercising self-help rights to other non-real property collateral, including setoff of deposits or accounts and perfecting the right to take control of the rents and profits of mortgaged real property.
Once a lawsuit is filed, we handle all aspects, including dealing with potentially difficult affirmative defenses and counterclaims. We make sure rents and profits are collected and applied for the lender’s benefit and under certain circumstances, we might recommend that the lender seek appointment of a receiver to take charge of the property while the foreclosure is pending, and we handle those proceedings as well. Unless we are able to resolve the lender's and borrower’s differences along the way, we vigorously and carefully prosecute our commercial and multi-unit residential foreclosure cases all the way to summary judgment or non-jury trial, foreclosure sale and even appeal. After foreclosure sale, we frequently seek deficiency judgments against borrowers and guarantors on behalf of our clients if the value of the property on the date of the sale is not sufficient to satisfy the underlying indebtedness as set forth in the foreclosure judgment.
The expertise of our commercial foreclosure team enables us to efficiently and cost-effectively protect the security of our financial services entity clients.
Director, Officer, Manager and Member Liability Litigation [+]
Tabas Soloff is experienced in successfully representing trustees, receivers and creditors in prosecuting claims against officers and directors of corporations and members and managers of limited liability companies for their negligence and breaches of fiduciary duties. In pursuing these claims, we have become experienced in reviewing and analyzing insurance coverage issues and prosecuting bad faith claims for insurers’ failure to cover claims against their insureds. Given our vast experience in prosecuting these actions, we are primed for defending actions brought against officers, directors, managers and members, either directly or derivatively.
- The firm represented the Liquidating Trustee in the Chapter 11 case of Renaissance Cruise Lines, once the world’s fifth largest cruise line. In that capacity, we successfully prosecuted officers, directors and others, and recovered $23 million for unsecured creditors.
- Successfully prosecuted and settled claims against officers, directors and consultants in the liquidating Chapter 11 proceeding of Solar Cosmetic Lab, Inc. and recovered $4.050 million for unsecured creditors.
- Successfully prosecuted and settled claims against officers and directors in the involuntary Chapter 7 liquidation of Laminate Kingdom, LLC and recovered $6.5 million for unsecured creditors.
- Successfully prosecuted and settled a claim against officers and directors in the Chapter 7 liquidation of Transmeridian Airlines, Inc. and recovered $1.5 million for unsecured creditors and obtained a release of $42 million of claims against the estate.
Fraud Litigation [+]
Fraud is generally described as the intent to deceive another party and benefit from the action. The legal system gives special scrutiny to fraud claims, so it is vitally important that the attorney handling yours have experience and expertise in the area. Tabas & Soloff has litigated fraud cases brought against a variety of its clients, including bankruptcy trustees and all types of business entities, banks and bank holding companies, mortgage lenders and mortgage servicing companies.
In the bankruptcy arena, we have extensive experience in prosecuting Ponzi scheme claims. In these actions, the trustee seeks recovery of initial investments and false profits paid to investors in order to redistribute the funds to investors and other creditors. The cases are fact-intensive, require extensive investigation and discovery, and are almost always vigorously contested. We have handled many such suits, resulting in multi-million dollar recoveries for the bankruptcy estates involved. For example, the firm represented the Chapter 7 Trustee in administering a $900 million Ponzi scheme case in the bankruptcy of Capitol Investments USA, Inc. and Nevin Shapiro, requiring a forensic reconstruction of the Ponzi scheme’s records and the development of theories of recovery against third parties who assisted or participated, including clawback, professional negligence and malpractice, usury, aiding and abetting, Florida and Federal securities violation claims and other tort claims. Through those efforts, and the resulting actions against professionals, advisors and financial institutions involved in the scheme, we recovered $41.5 million for the benefit of Capitol’s creditors and reduced creditors’ claims by $49.2 million through its litigation efforts.
We are also well equipped to defend our financial services entity clients if they are sued for breach of fiduciary duty, negligence or negligent misrepresentation in connection with marketing or maintaining accounts or loans associated with Ponzi or other fraudulent scheme operators.
In the mortgage arena, we have handled complex mortgage fraud scheme cases, which almost always involve multiple defrauded creditors and the title companies who become involved in the cases as a result. We have been able to manage these very complicated cases and have brought each one to a successfully negotiated or litigated solution. We provide effective and especially aggressive representation in this area, through the investigation, written discovery, depositions, hearings, all the way to trial and appeal.