Orange Country Florida Tenant Landlord Rights - PDF

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            Bank of America
       390 North Orange Avenue         Mr. Roy S. Kobert is a Partner in the Orlando office of Broad and Cassel. He is
              Suite 1400               the Chairperson of the Firm's Bankruptcy and Creditors' Rights Practice Group
        Orlando, FL 32801-4961         and co-chairs the Firm’s Special Assets Practice Group.

        Phone: 407.839.4200              Mr. Kobert is Board Certified in Business Bankruptcy Law by the American
         Fax: 407.425.8377               Board of Certification.
                                         He has represented secured creditors, commercial
                                         debtors and creditor committees throughout the

       &$5((5 352),/(                    Mr. Kobert currently represents the chairman of
                                         Enron’s post confirmation committee, in his
            326,7,21                     capacity as Receiver/Chapter 11 trustee for a $140
                Partner                  million sub-prime mortgage lenders in bankruptcy
                                         with 1800 investors.
     $5($6 2) 35$&7,&(
   Bankruptcy and Creditors' Rights      Mr. Kobert served as lead creditors’ counsel in a
       Commercial Litigation             $250 million Ponzi fraud case, the largest in Florida
           Special Assets                history.

            $'0,77('                     He also successfully represented 1,200 investors in another Ponzi scheme
             Florida, 1988               involving investments of more than $40 million.

                                         Mr. Kobert prevented a major secured creditor/lender from a confirmation
          ('8&$7,21                      of Plans of Reorganization by mobilizing creditors from around the world in
 University of Miami School of Law
      Coral Gables, Florida, 1988        opposition, thus preventing a third-party channeling injunction.
     J.D., Doctor of Jurisprudence
                                         He achieved a decision in 1999 awarding an insurance company a $6.5
        University of Miami              million recovery of real and personal property and securities in a fraudulent
      Coral Gables, Florida, 1984        transfer action.
        B.A., Bachelor of Arts
                                         Mr. Kobert represents over 400 subcontractors as counsel to the Official
         $)),/,$7,216                    Trade Creditors Committee in the XL Homes, Inc., and Olympia Homes,
          The Florida Bar                Inc., a residential developer of tract homes.
Member, Bankruptcy/UCC Subcommittee
                                         He has been involved in many national retail bankruptcy cases including:
   Central Florida Bankruptcy Law        Service Merchandise, KMart, Heilig-Meyers, Frenkel Home Improvements,
             Association                 Winn-Dixie Supermarkets, Planet Hollywood, Heckinger’s Builders Square,
            Past President               Waccamaw/Home Place, TWA, United Airlines, Alamo, National Rent-a-
  Downtown Orlando Partnership           Car, Budget Rent-a-Car, ATA Airlines, US Airways, and Air Canada.
            President-Elect              Mr. Kobert represented the Trustee in the Cypress Restaurants case, which
Credit Abuse Resistance Education of     included the liquidation of 44 Denny’s Restaurants in Florida, Georgia,
          Central Florida                Alabama, Tennessee, and South Carolina.
        Founder and Co-Chair

   Orange County Bar Association
    Member, Section of Bankruptcy
   &217$&7 ,1)250$7,21
                                       5R\ 6 .REHUW
            Bank of America
       390 North Orange Avenue           Mr. Kobert is admitted to the U.S. Bankruptcy Court, the U.S. Court of
              Suite 1400                 Appeals, Eleventh Circuit, and U.S. District Courts of the Northern, Middle
        Orlando, FL 32801-4961           and Southern Districts of Florida.

        Phone: 407.839.4200              Mr. Kobert is featured in Leading Florida Attorneys in the areas of
         Fax: 407.425.8377               bankruptcy and workout law (Commercial Creditor/Debtor section); he has            lectured for the Florida Bar and The National Business Institute on
                                         bankruptcy and insolvency issues.
                                         Frequently called upon for speaking engagements, Mr. Kobert addressed
                                         the 2005 National Association of Legal Professionals Convention in Kansas
       &$5((5 352),/(                    City, the 2005 Attorney/Trust Officer Liaison Conference in Palm Beach,
                                         Florida and the 2005 Central Florida Bankruptcy Law Association's annual
            326,7,21                     conference.
                                         Mr. Kobert was also a visiting Professor at the University of Florida College
     $5($6 2) 35$&7,&(                   of Law, in their Advanced Bankruptcy Course during the Spring 2007
   Bankruptcy and Creditors' Rights      semester.
       Commercial Litigation
           Special Assets                Since 2001, Mr. Kobert has been recognized with an AV® Peer Review
                                         Rating with Martindale-Hubbell, the agency's highest mark for both
            $'0,77('                     competency and ethics and is achieved by only 5 percent of attorneys. In
             Florida, 1988               2005 and 2009, Mr. Kobert was designated a “Florida Legal Elite” in Florida
                                         Trend magazine by his peers, an honor awarded to less than 2 percent of the
           ('8&$7,21                     Florida Bar. He was also featured in the past five consecutive years of
 University of Miami School of Law       Chambers USA: A Guide to America’s Leading Business Lawyers as a leading
      Coral Gables, Florida, 1988
                                         bankruptcy and creditors' rights attorney and selected as one of the region's
     J.D., Doctor of Jurisprudence
                                         "Best Lawyers" by Orlando Magazine in 2006, 2007 and 2009. He was also
        University of Miami              named a "Florida Super Lawyer" in for four consecutive years by Law &
      Coral Gables, Florida, 1984        Politics magazine and recognized by the top legal guide "The Best Lawyers
        B.A., Bachelor of Arts           in America," published by Woodward and White in 2006, 2007, 2008, 2009
                                         and 2010. In 2008, he was recognized by the Orlando Business Journal as one
         $)),/,$7,216                    of the "Top 10 Businessmen to Watch in 2009."
          The Florida Bar
Member, Bankruptcy/UCC Subcommittee    Mr. Kobert is active in the community and currently serves on the Board of
                                       Directors of both the Downtown Orlando Partnership (2005-2008) and the
   Central Florida Bankruptcy Law
             Association               Downtown Orlando Breakfast Rotary Club. He devotes time to A Gift for
            Past President             Teaching, which is an organization that provides school supplies to students
                                       and teachers. He also serves as a visiting law professor at the FAMU School of
  Downtown Orlando Partnership         Law and is involved with the Blankner Elementary School Foundation. He
            President-Elect            coaches youth soccer and baseball.
Credit Abuse Resistance Education of
          Central Florida
        Founder and Co-Chair

   Orange County Bar Association
    Member, Section of Bankruptcy
                                                                         Page 2 of 2
                                                     Roy Kobert’s
                                                   Reported Decisions

T   (In re: Seminole Walls & Ceilings Corp.,) Debtor. Dartlin J. Africh, vs. Carla Musselman in her capacity as
    Chapter 7 Trustee 412 B.R. 878; (U.S. Dist. Ct. for the So. Dist of Fla., 2008). A waiver of the right to trial by
    jury can be accomplished by filing of a proof claim allowing consent to bankruptcy Court’s limited jurisdiction
    can even be imputed to a non proof of claim filing legal entity (i) if it is established such entity is an alter ego of
    the filing entity and (ii) the claim need not relate to the cause of action before the Court; expanding the prior U.S.
    Supreme Court holdings in Granfinanciera, S.A. v Nordberg, 492 U.S. 33, 36 (1989), and Langenkamp v. Culp, 498 U.S.
    42 (1990).
T   In re: Clark, GOGUYS, INC vs. Clark , 2009 Bankr. LEXIS 597 (January 16, 2009) Case explains when the limited
    equitable exception is available in applying a California state court judgment in a bankruptcy discharge
    action in Florida.
T   In re: EZ Pay Services, Inc. 390 B.R. 445 (Bankruptcy Court, Middle District of Florida 2008) $254,867.50 awarded
    in favor of client for contempt of Nevada Court's temporary restraining order.
T   Franklyn Alexander, DDS, Inc., et al., Plaintiffs, vs. Alternative Debt Portfolios, LLC, and Alternative Debt
    Portfolios, L.P., Defendants. 390 B.R. 421 (Bankruptcy Court, Middle District of Florida 2007) Plaintiffs' tortuous
    interference action is so inextricably intertwined that mandatory abstention would not be granted. The action
    was successfully removed from Texas District Court to the Florida Bankruptcy Court.
T   James Allen Hinton, and King Acquisitions, LLC v. James Allen Hinton and Susan C. Hinton 2007 WL 3051264 (Bkrtcy.
    M.D.Fla. 2007) 378 B.R. 371 Roy represented the Chapter 7 Trustee in a case of first impression dealing with new
    bankruptcy code section 522(o) enacted under the Bankruptcy Abuse Prevention and Consumer Protection Act
    and its impact on an exemption claim of real property as homestead.
T   Aquamarine USA, Inc (Middle District of Florida) (A) 2005 Bankr. LEXIS 1752; 58 U.C.C. Rep. Serv. 2d (Callahan)
    646; and (B) 319 B.R. 270; 2004 Bankr. LEXIS 1909; 56 U.C.C. Rep. Serv. 2d (Callaghan) 309; 18 Fla. Law Weekly
    Fed. B 31. Established in 2 separate trials (boat buyer vs. boat seller and boat buyer vs. seller's secured lender)
    the expansion of the legal theory of "entrustment" under the Uniform Commercial Code, determining that in a
    transaction via a consignment dealer, a buyer would have superior, clear title over the seller AS WELL AS the
    prior properly perfected lien of the seller's secured lender.
T   Seminole Walls & Ceilings Corp., Debtor. Carla P. Musselman, Chapter 7 Trustee for the estate of Seminole
    Walls & Ceilings Corp., Plaintiff, v. Debbie Jasgur, Joseph Jasgur, Robert L. Fox, Dartlin J. Africh, Africh
    Maintenance, Inc., Africh Management & Investment, Inc., Vintage Partners, Inc., Bradley E. Whittle, The
    Funding Solutions, Inc., Joseph Yaron, Pita Corporation, and Paul Philipson, Defendants (Middle District of
    Florida) 2006 Bankr. LEXIS 1900. Defined the parameters under which judicial notice under Federal Rule of
    Evidence 201 is not appropriate.
T   Greater Orlando Aviation Authority v. Delta Airlines (Southern District of NY Bankruptcy Court-2006) 341 B.R.
    439 (Bankr. S.D. N.Y. 2006) and (ii) Greater Orlando Aviation Authority v. Independence Air (District of
    Delaware Bankruptcy Court-2006) crystallized the contrary views as to whether a creditor can properly exercise
    its right to set off of pre petition monies owed to the debtor against a post petition rejection damages claim
    against the same bankrupt entity.
                                                    Roy Kobert’s
                                                  Reported Decisions

T   In re Family Health Food USA, Inc v. SouthTrust Bank (Southern District of Florida) 223 B.R. 250; 40 Collier on
    Bankruptcy Case 2d. 682; 32 Bankr. Ct. Decisions 1228; 11 Fla. Law Weekly Fed. B 336. Unapproved post
    petition payments to a secured creditor are not avoidable post petition transfers subject to attack by a
    subsequently appointed bankruptcy trustee.
T   World Vision Entertainment (Middle District of Florida) represented unsecured creditor committee in $40
    million fraud case; Evergreen Securities ( Middle District of Florida) Lead creditor counsel in $240 million fraud
    case in which we successfully replaced the Debtor with a Chapter 11 Trustee over the objections of the Debtor
    AND the Unsecured Creditors' Committee.
T   In re McIntyre Trucking Co. (Middle District of Florida) 223 B.R. 588; 1998 Bankr. LEXIS 1007; 98-2 U.S. Tax Case.
    (CCH) p50,760; 82 A.F.T.R.2d (RIA) 6432 Established standard for proving reasonable cause to defeat willful
    neglect standard for unpaid 941 Federal Taxes.
T   Indiantown Realty Partners, Ltd. (Southern District of Florida) 270 B.R. 532; 2001 Bankr. LEXIS 1514; 47 Collier's
    Bankr. Cases 2d (MB) 904; 38 Bankr. Ct. Dec. 184; 15 Fla. L. Weekly Fed. B 15 Further defined when attorney-
    client and work-product privileges can be waived.
T   Grosvenor Orlando Associates (Middle District of Florida) 2005 Bankr. LEXIS 2746; 178 L.R.R.M. 2876 Set forth
    the appropriate intersection between administrative law procedures under an NLRB collective bargaining
    procedure and the bankruptcy court dealing with allegations of wrongful discharge of union employees and
    claims for back wages and reinstatement.
                                                Roy Kobert’s
                                                 Most Recent
                                            Speaking Engagements

T   Association of Insolvency and Restructuring Advisors (AIRA). “Commercial Real Estate: Practical Tips and New
    Pitfalls Under an Obama Administration.” June 13, 2009. (Orlando, FL)
T   Central Florida Bankruptcy Law Association. “Commercial Bankruptcy after TARP (Troubled Asset Relief
    Program)…are you ready?” May 21, 2009. (Orlando, FL)

T   Annual Meeting, City of Orlando Attorneys Office. “The Super Secret Powers of City Attorneys – or the
    Bankruptcy Code is Not Kryptonite.” December 7, 2006. (Orlando, FL)
T   Bankruptcy Abuse Prevention and Consumer Protection Act--One Year Later; Commercial Bankruptcy Update-
    panelist; Central Florida Bankruptcy Law Association Annual Seminar- October, 2006
T   "Airline Bankruptcies: Are We Done Yet?" Florida Airport Council Annual Meeting, Summer, 2006 (Bonita
    Springs, FL)
T   "Florida Landlord Tenant Law" Lorman Educational Program, Spring, 2006 (Orlando, FL)
T   "Bankruptcy Reform Act's Impact on Commercial Landlords and Developers" Certified Commercial Investment
    Member (CCIM) Florida District Annual Meeting and Certification Exam; Spring, 2006 (Universal Studios

T   "Bankruptcy Reform Legislation and Personal Property Loans and Commercial Leases" Caterpillar Financial
    National Paralegal Meeting; Fall, 2005 (Nashville, TN)
T   "Bankruptcy Reform Act: Now What?" National Association of Legal Assistants, 2005 (Kansas City, MO)
T   "Mastering Pre Foreclsoures-- A Guide to the Impact of Bankruptcy Reform" Real Street Money Tour National
    Seminar hosted by Bob Diamond, [Live and taped delay] 2005 (Orlando)

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