Bankruptcy & Creditors’ Rights

Damian & Valori, LLP represents corporate and individual debtors, debtors-in-possession and creditors in Chapter 11 reorganization cases and litigation matters brought within, arising from, or related to bankruptcy cases. The Firm also represents third parties with interests in bankruptcy proceedings or assets being administered therein, or involved in bankruptcy-related litigation or other matters. The Firm provides pre- and post-bankruptcy consulting services to corporations and individuals who are considering filing for bankruptcy, who are parties to bankruptcy proceedings, or who otherwise require bankruptcy advice and counseling.

Members of the Firm have worked on a number of significant Chapter 11 reorganization and converted liquidation cases in a variety of capacities, representing the full spectrum of interests, including domestic, foreign and international corporations acting as debtors-in-possession, individual debtors, corporate and individual creditors, creditors committees, bankruptcy and liquidating trustees, and federal and state court-appointed receivers, including the following, which are representative of the interests that Members of the firm have represented in bankruptcy cases:

Debtors-In-Possession
  • In re:  Beverage Canners International Corp. ($63 million of debt)
  • In re:  CHS Electronics, Inc. ($725 million of debt)
  • In re:  New Florida Properties Corp. ($102 million of debt)
Creditors
  • Department of Financial Services as Receiver of Aries Insurance Company in bankruptcy cases of its principals and related companies (In re: Fenix Financial Group, Inc. and Omega Finance Corporation, (Case No. 03-17363-RAM), pending in the U.S. Bankruptcy Court for the Southern District of Florida))
  • Unipro Foodservice, Inc. in bankruptcy case of United Container, LLC (E.S. Bankest, LLC v. United Beverage Florida, LLC, 284 B.R. 162 (Bankr. S.D. Fla. 2002)
  • Wilmington Trust Company (as indenture trustee, in the Atlas Air, Inc. reorganization involving more than $1 billion in debt)
  • 1st Source Bank (in Amerijet International, Inc. reorganization involving $76 million in debt)
  • Carnival Cruise Lines (as post-petition secured lender under Revolving Credit Facility in the GoCruiseDirect.com reorganization)
  • Estate of George Batchelor (in the International Air Leases, Inc. reorganization)
  • The Walt Disney Company (in the Estrellamundo of California, LLC reorganization/liquidation)
Creditors Committees
  • Creditors Committee in United Petroleum Group and F.S. Gas Subsidiary, Inc. reorganization (Case No. 01-43263-RAM), pending in the United States Bankruptcy Court for the Southern District of Florida
Bankruptcy and Liquidating Trustees
  • Bankruptcy Trustee in the Aerofloral, Inc. reorganization (Case No. 01-16367-RAM), pending in the United States Bankruptcy Court for the Southern District of Florida
  • Bankruptcy Trustee in the Shops at Ocean Court, Ltd. reorganization/liquidation (Case No. 01-14173-BKC-RAM), pending in the United States Bankruptcy Court for the Southern District of Florida
  • Liquidating Trustee in United Petroleum Group and F.S. Gas Subsidiary, Inc. reorganization (Case No. 01-43263-RAM), pending in the United States Bankruptcy Court for the Southern District of Florida
Receivers
  • Receiver of the Estate of Sean Nathan Healy in SEC v. Sean Nathan Healy, et al. (Case No. 09-CV-1330) and CFTC v. Sean Nathan Healy, et al. (Case No. 09-CV-1331), in the Chapter 11 bankruptcy case of Alfred L. Madeira (Case No. 09-02819-MDF), pending in the U.S. District Court for the Middle District of Pennsylvania
  • Receiver of Pension Fund of America (U.S. Securities and Exchange Commission v. Pension Fund of America, L.C., et al. (Case No. 05-20863-CIV-MOORE), pending in the U.S. District Court for the Southern District of Florida ($130 million enforcement action)) in related bankruptcy proceedings of its principals.
  • Department of Financial Services as Receiver of Aries Insurance Company in bankruptcy cases of related companies (In re: Fenix Financial Group, Inc. and Omega Finance Corporation, (Case No. 03-17363-RAM), pending in the U.S. Bankruptcy Court for the Southern District of Florida))