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Jeffrey T. Kucera

Jeff Kucera is a partner in the firm's Finance practice. He helps clients to enforce, interpret, restructure, and renegotiate lending arrangements. He is a litigator who focuses his practice on Bankruptcy, Debtors’ and Creditors’ Rights, and Commercial Litigation before U.S. District Courts and U.S. Bankruptcy Courts nationwide, as well as circuit courts throughout the state.

In addition, Jeff brings his skills and experience to the table as a Supreme Court of Florida Certified Circuit Civil Mediator for cases pending in state, federal, and bankruptcy courts. He is also listed on the Register of Mediators for the U.S. Bankruptcy Court for the Southern District of Florida.

Jeff has extensive experience representing parties in bankruptcy cases throughout Florida, Texas, Delaware, New York, and California.  His clients have included:

  • Debtors
  • Secured creditors
  • General unsecured creditors
  • Mezzanine lenders
  • Official committees of unsecured creditors
  • DIP lenders
  • Purchasers of estate property
  • Mechanics’ and materialmen’s lienholders
  • Lessees of real and personal property
  • Financers of purchases through bankruptcy sales

He has been involved in a wide variety of contested matters, including cash collateral motions; sale motions; and contested confirmations.

Bankruptcy Litigation
Jeff has represented parties in adversary proceedings in various courts, including:

  • Defending preference and fraudulent transfer claims
  • Defending general tort and contract claims brought by trustees and debtors in possession
  • Claims litigation
  • Relief from the automatic stay
  • Motions to compel administrative and lease payments
  • Administrative claim proceedings
  • Assumption and rejection of executory contracts
  • Claims by trustee in a fraud case against broker-dealer, including secondary claims against broker-dealer by investors filed in various state and federal courts
  • Intercreditor agreements and disputes
  • Withdrawal of the reference to the bankruptcy court

Creditors’ and Debtors’ Rights Litigation
Jeff has extensive experience litigating creditors’ and debtors’ rights issues, and has represented:

  • Borrowers
  • Lenders secured by real estate
  • Agricultural lenders
  • Asset-based lenders
  • Trade creditors
  • Unsecured note holders
  • Receivers
  • Assignors for the Benefit of Creditors
  • Participants and agents in syndicated loans
  • Servicers and special servicers
  • Issuers of credit default swaps
  • Judgment creditors

These representations have involved a wide range of cases, including:

  • Mortgage foreclosures and deficiency actions
  • Prejudgment relief including writs of replevin and attachment
  • Garnishment actions
  • Appointment of receivers
  • UCC Article 9 notices to account debtors
  • UCC sales
  • Judgment collection and enforcement
  • Proceedings supplementary
  • Discovery in aid of execution
  • Mortgage lien defense against “sovereign citizen” claims

General Commercial Litigation
Jeff has significant experience representing plaintiffs and defendants in state and federal court, including:

  • Audit malpractice
  • Prosecuting and defending business torts, including intentional interference with business arrangements
  • Fraud, including Ponzi scheme cases
  • Negligence and negligent misrepresentation
  • Securities fraud
  • Commodities market claims
  • Defense of auditors in connection with Sarbanes-Oxley and securities laws
  • TILA and RESPA defense
  • Piercing the corporate veil
  • Recognized in The Best Lawyers in America® in Miami
    • Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2015-2024
    • Litigation-Bankruptcy, 2023-2024 
  • Listed in Chambers USA America's Leading Lawyers for Business for Bankruptcy/Restructuring, 2011 and 2012
  • ABA Business Law Section, Business Bankruptcy Committee, past co-vice-chair of Subcommittee on Bankruptcy Committees, current co-chair of Subcommittee on Avoidance Powers
  • American Bar Association
    • Member, Real Property, Probate and Trust Law
    • Member, Business Law Section
    • Member, Litigation Section
  • Bankruptcy Bar Association, Member, Southern District of Florida
  • City Theatre
    • President of the Board of Directors (2005-2008)
    • Vice Chairman of the Board of Directors (2004-2005)
    • Member, Board of Directors (1999-2008)
  • Dade County Bar Association
  • “The Small Business Reorganization Act of 2019: New Chapter 11 Procedures for Small Business Bankruptcies,” Co-presenter, January 2020
  • “Bankruptcy Code Puzzlers, Anomalies, Riddles and Rhymes,” Panel moderator, April 2018
  • "Restructuring in the Oil and Gas Sector," Co-presenter, June 2016
  • “No More Ad Lib: the Nuts and Bolts of Ad Hoc Bankruptcy Committees,” Speaker, October 2014
  • “Those Who Don’t Know their Commercial Mortgage Litigation History are Bound to Repeat It,” Panelist, October 9, 2015
  • WPLG Channel 10, Miami, interview regarding suits brought by the Bankruptcy Trustee in the Scott Rothstein case, October 20, 2011
  • Dubai International Financial Court, “Insolvency in the UAE and Across the World,” Dubai, February 28, 2011
  • “The Savings and Loan Crisis and Bankruptcy Litigation Ramifications – Are We Coming Full Circle?” Miami, April 7, 2010
  • “Bankruptcy in Florida,” Miami, March 19, 2009
  • “Dentist in Local 10 Investigation Files for Bankruptcy,” on-air interview by Julie Summers for WPLG Channel 10, June 30, 2008
Additional Thought Leadership Pages
  • How Are Courts Interpreting the New ‘Reasonable Due Diligence’ Requirement Under § 547(b)?Business Law Today, June 2022
  • "Bankruptcy Code Changes Offer Lifeline to Small Businesses," Miami Herald, 14  August 2020
  • “No More Ad Lib: the Nuts and Bolts of Ad Hoc Bankruptcy Committees,” Speaker, October 2014; also an article published in Business Law Today, December 2014
  • “Curbside Consult – Sole Proprietor Subject to Liens Against Accounts Receivable,” Florida Medical Business, June 24, 2003
  • “Boardroom Bankruptcy Issues,” The Corporate Board, May/June 2003
  • “Hotel Industry Faces Need for Restructuring,” The National Law Journal, February 10, 2003
  • “Act Quickly to Cope With Deteriorating Financials,” South Florida Business Journal, 2001
  • “Bankruptcy Concerns for Hotels,” Florida Real Estate Journal, 2001
Additional News & Event Pages
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