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- Commercial and Bankruptcy Litigation
- Antitrust and Trade Regulation
- Bankruptcy and Creditors' Rights
- Commercial Litigation
- Construction Litigation
- Corporate and Partnership Litigation
- Eminent Domain
- Noncompete Agreements
- Real Estate Litigation
Practice Leader
Practice Team 
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Bankruptcy and Creditors' Rights
The Fowler White Boggs Banker Bankruptcy and Creditors' Rights lawyers handle all phases of creditors' rights and debtor representation, including workouts, pretrial litigation, trials, appeals, pre and post judgment remedies, receiverships, assignments for the benefit of creditors, and creditor committee, trustee, and debtor bankruptcy representation. Our attorneys practice in state and federal courts, including bankruptcy court. We also have experience in all forms of alternative dispute resolution, which encompasses arbitration and mediation. Our Group also has expertise in the defense of both Federal and State Fair Debt Collection Practice Act claims.
Fowler White Boggs Banker represents secured and unsecured creditors and debtors. Our clients include Fortune 500 companies, international, national and local vendors, banks and other financial institutions, creditor committees, and insurance companies. Regardless of size, each of our clients receive the same individual attention and quality representation.
Our goal is to protect the rights of our clients to the fullest extent possible, and closely consider the most efficient means of producing practical, economical results. We believe that, if a telephone call or a letter can solve a problem, counsel has the professional responsibility to reach a quick solution without litigation. When litigation is necessary, we are cost conscious and careful to minimize fees and expenses, always keeping in mind the best interests of our clients.
Representative Matters
Creditor Committees. The Firm has represented numerous official and ad hoc committees of creditors, including:
- The Unsecured Creditors Committee and, post-confirmation, The Liquidation Trustee in the Tropical Sportswear Inc., et. al. Ch. 11 cases (Lead Case No. 04-24134). The case involved the $88.5 million sale of assets to Perry Ellis International.
- The Ad Hoc Committee of 11% Senior Secured Noteholders and certain of those Noteholders providing DIP financing in the Anchor Glass Container Corporation Ch. 11 proceeding (Case No. 05-15606). The bondholders (approximately $350,000,000.00) became the owners of the reorganized company.
- The Unsecured Creditors Committee and, post-confirmation, the Liquidating Trustee in the Pullman-Holt Corp. and Fultonville Metals Chapter 11 cases (Lead Case No. 03-08017).
- Acting as the Future Claims Representative in the Apache Products Company Chapter 11 case (Case No. 02-20896) wherein we represented a class of unsecured creditors (property damage claimants) yet to be identified. Post confirmation, the firm serves as the Future Claims Administrator.
- The Unsecured Creditors Committee in the Hernando Healthcare, Inc., et al. Chapter 11 cases (Case No. 93-02171). That case involved several Tampa Bay area hospitals and resulted in a 100% plus interest distribution to our constituency.
- The Unsecured Creditors Committee in the Pace Tech, Inc. Chapter 11 case (Case No. 97-12418), which also resulted in a 100% plus interest distribution to unsecured creditors.
- The Post Confirmation Committee in the Government Risk Insurance Trust Chapter 11 case (Case No. 00-04008).
- Approximately 100 members of a golf and country club in the Twin Eagles Golf & Country Club, Inc. et. al. bankruptcy cases pending in Ft. Myers (Case No. 99-14699). In this case, we successfully preserved expensive golf club memberships for members.
- The Unsecured Creditors Committee in the West Coast Family Medical Care of Palm Harbor, Inc. Chapter 11 case (Case No. 02-13647) (70% distribution).
- The Unsecured Creditors Committee in the Digital Community Networks, Inc., Chapter 11 case (Case No.: 06-01702)
Debtors. Representative debtor matters include:
- Restructuring approximately $350 million in debt for sports merchandise and apparel retailer.
- Restructuring approximately $150 million in debt for large insurance plan administrator.
- Representing local public telecommunications company in successful out of court workout of approximately $40.0 million of secured and unsecured debt.
- Representing regional restaurant chain in successful workout.
- Representing retail furniture company in its successful Chapter 11 reorganization.
Bankruptcy Litigation. The Firm has represented trustees, creditors, and adversary defendants in all facets of bankruptcy litigation, including:
- The Florida Department of Transportation in the Cone Constructors, Inc. Chapter 11 case (Case No. 00-10589).
- Successfully representing a Ch. 7 trustee as special counsel in fraudulent transfer action relating to biotech patent.
- A national surety company obligated on significant tobacco bonds in the Eli Witt Company Chapter 11 proceeding (Case No. 96-15441).
- A significant preference defendant in the Hayes Lemmerz International, Inc. Chapter 11 proceeding in the District of Delaware.
- Plaintiffs and defendants in fraudulent conveyance, preferential transfer and other avoidance actions in Chapter 11 and Chapter 7 proceedings throughout the country.
Ch. 11 Trustee and Examiners: Members of the Firm have served as a Ch. 11 Trustee and Examiner in several matters, including:
- As Chapter 11 Examiner in the One Stop Auto Parts, Inc. (Case No. 99-12803) Chapter 11 case.
- As the Chapter 11 Examiner in the Gator Bait Software, Inc. (Case No. 96-14276) Chapter 11 case.
- As Chapter 11 Trustee in the Babette Holmes Chapter 11 case (Case No. 02-10987). In that case, we successfully confirmed a Plan of Reorganization which provided for a 100% distribution to all creditors.
Creditors. The Firm performs creditor and workout services for major clients, including:
- The largest creditor (owed approximately $40 million) in the Pan American Hospital Chapter 11 case pending in the Southern District of Florida (Case No. 04-11819).
- A major secured creditor in the Bicoastal Corp. Chapter 11 proceeding.
- Numerous significant creditors in the Celotex Chapter 11 case.
- A national financing company and plan proponent in the Optical Technologies, et al Chapter 11 cases (Recomm) (Lead Case No. 96-00805). The client financed thousands of equipment leases pre-petition and provided post-petition financing. We have continued to represent the financing entity post confirmation in liquidating their portfolio.
- A major secured creditor in the Braniff Airlines Chapter 11 proceeding in Orlando, FL.
- A municipality in a cruise line Chapter 11 proceeding.
- Numerous secured creditors and parties in interest in the United Container bankruptcy proceeding (Case No. 01-22614).
- A major secured creditor in the Lykes Steamship Chapter 11 proceeding.
- A major lender in the Hillsborough Holdings Corp. Chapter 11 proceeding.
- A major unsecured creditor in the Gardinier, Inc. Chapter 11 proceeding.
- Served as national lead bankruptcy and collections counsel for nation's largest provider of pharmaceutical drugs and services to nursing homes.
Asset Purchases and ยง 363 Sales. The Firm has represented both buyers and sellers with respect to bankruptcy asset sales and has conducted auctions:
- The general partner in the Kaiser Aluminum Corp, et al Chapter 11 proceedings in the District of Delaware wherein we preserved a right of first refusal relating to the auction of a $331 million partnership interest.
- The successful purchase of restaurants in Leverocks Ch. 11 proceeding.
- The successful purchase of several Winn-Dixie supermarket leases.
