The attorneys in the Bankruptcy & Financial Restructuring Group represent both creditors and debtors in out-of court negotiations as well as bankruptcy and other proceedings in Federal Courts throughout the United States, and all state courts of the State of Florida. They have significant experience representing banks, savings and loans, credit unions, franchise owners, finance companies, commercial landlords, business entities and individuals seeking to protect their investments. The attorneys in the Bankruptcy & Financial Restructuring Group also represent business debtors, bankruptcy trustees and creditors' committees.

In addition, they advise and represent both creditors and debtors regarding the variety of business planning and litigation alternatives available under both state and federal law. Because they have represented both debtors and creditors in a variety of complex restructuring and sophisticated workouts, they have the knowledge, skill and practical experience to develop a winning strategy that is uniquely tailored to meet each client's specific financial objectives.

These attorneys have significant experience in a full range of issues relating to bankruptcy, business crisis planning, insolvency and debt resolution strategies. This experience includes:

• representation of debtors and creditors both in and out of court;
• analysis of the operations of on-going businesses seeking to better protect themselves from financial crises;
• formulation and implementation of out of court restructuring plans;
• formulation and confirmation of plans of reorganization;
• formulation and implementation of liquidation plans;
• representation of creditor committees, as well as, individual secured and unsecured creditors;
• preference and fraudulent conveyance litigation;
• cram down litigation;
• litigation involving unexpired leases and executory contracts, including franchise and other complex vendor and operating agreements;
• litigating avoidance actions;
• debtor in possession financing; cash collateral agreements and litigation;
• valuation proceedings;
• acquisitions of stock and assets;
• automatic and other “stay” relief litigation;
• litigation of contested matters and adversary proceedings;
• bankruptcy appeals.

Becker & Poliakoff is proud of its excellent reputation for handling matters quickly and effectively. The strategy in maintaining this reputation is simple—the Firm draws on experienced and successful attorneys from its broad range of specialized practice areas to ensure our clients receive personalized attention, excellent service and positive results.

The success of the attorneys in the Bankruptcy & Financial Restructuring Group in efficiently and effectively representing our clients' interest is further supported by the breadth and depth of the Firm's experience in areas outside the context of bankruptcy creditor's rights, and debt management. Because many bankruptcies and other financial crisis matters have their origin in litigation cases or contested workout situations, the attorneys in the Bankruptcy & Financial Restructuring Group frequently work in conjunction with attorneys in other practice areas of the Firm, such as tax, financial institutions, corporate securities, and, commercial and real property transactions. Additionally, the Bankruptcy & Financial Restructuring Group represents individuals in complex financial situations. Representation includes estate and business succession planning; business crisis planning, offshore asset protection and wealth preservation and a wide array of other related financial planning strategies. By working in association with the attorneys in other specialized practice areas of the Firm, the attorneys in the Bankruptcy & Financial Restructuring Group can give the Firm's clients the highest quality and most comprehensive representation in a cost-effective manner.

Bankruptcy cases handled by Becker & Poliakoff, P.A.:

The following is a representative listing of recent Chapter 11 bankruptcy cases in which our attorneys have served as counsel:

New Florida Properties (Miami) – Represented the three largest unsecured creditors, the condominium associations for the Blue and Green Diamond Condominiums, in post confirmation proceedings and litigation with the Debtor/ Developer.

Le Petit Bistro (Atlanta) - Served as counsel for a private equity fund specializing in the restaurant industry in the successful purchase of the assets of the Le Petit Bistro and Latin Grill fast food restaurant chains.

Balboa Beach Club (Ft. Lauderdale) Served as Counsel to Debtor in Possession in Chapter 11 that resulted in sale of beach front property in Hollywood Florida that resulted in paying creditors in full.

Eagle Building and Fleming Manufacturing (Miami) – Represented former President and Chairman, and largest creditor, in joint bankruptcy proceedings, and adversary litigation with the estate.

Renaissance Cruises (Ft Lauderdale) – Successfully defended multiple foreign defendants in several preference actions for each in excess of $100,000 brought by Liquidating Trustee in cruise line bankruptcy.

Conseco (Chicago) – Represented the Official Committee of Unsecured Creditors of Conseco Finance Corp. and Conseco Finance Servicing Corp., subsidiaries of Conseco, Inc., which filed Chapter 11 bankruptcy on December 17, 2002. This was the third largest bankruptcy in the history of the United States.

Naranja Lakes Condominiums (Miami) – Served as counsel for four debtor condominium associations destroyed by Hurricane Andrew in landmark Chapter 11 bankruptcy. Title had been clouded for 10 years by the destruction of the condominiums was cleared so as to allow the property to be sold for $8 million for the benefit of over 1400 unit owners who had lost their homes, though a confirmed plan of reorganization.

Tutor Time (Ft. Lauderdale) – Served as counsel for the official committee of unsecured creditors in the Chapter 11 bankruptcy reorganization of an international operator and franchiser of child care centers, resulting in a sale of the company for over $32 million dollars and resulting in over $2.5 million recovery to unsecured creditors.

Hollywood Hotel Acquisitions (Ft. Lauderdale) – Served as counsel for debtor, who was the owner and operator of the Ambassador Resort and Conference Center on Hollywood beach, resulting in an approved sale of $26,750,000 with a proposed return to unsecured creditors of 100% on their claims.

Tristar (San Antonio) – Served as counsel for a publicly traded international perfume manufacturer in the mass market fragrance industry in the successful purchase of the assets of its major competitor, another publicly traded perfume manufacturer, out of Chapter 11 bankruptcy.

Sunterra (Baltimore) – Served as counsel for owners in time-share association who were successful in being able to terminate an onerous property management agreement with its time share developer, a debtor in a Chapter 11 reorganization.

Seascape Cruises, Ltd. - Successfully represented a debtor in a chapter 11 in an adversary proceeding brought against its largest creditor, a German bank, to prevent it from seizing several vessels secured by bank's ship's mortgages outside of US territorial waters and in Bahamas and Mexico.

Doctor's Hospital - Chapter 11 debtor representation on multiple matters, in which a plan was successfully confirmed.

Cambridge Nursing Homes - Successfully litigated adversary claim against Commonwealth of Massachusetts for recoupment of Medicare overpayments made.

Woodfield Country Club - Chapter 11 and state court proceedings representing the various companies and members of the Barbar family in upscale Boca Raton real estate development.

Multidisciplinary Approach
Because many bankruptcies and other financial crisis matters have their origin in litigation cases or contested workout situations, the attorneys in the Bankruptcy & Financial Restructuring Group frequently work in conjunction with attorneys in other practice areas of the Firm, such as tax, financial institutions, corporate securities, and, commercial and real property transactions. The Firm is proud of its excellent reputation for handling matters quickly and effectively. The strategy in maintaining this reputation is simple—the Firm draws on experienced and successful attorneys from its broad range of specialized practice areas to ensure our clients receive personalized attention, excellent service and positive results.