Bast Amron

Miami Business and Bankruptcy Litigation Law Firm

Jeffrey P. Bast

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October 27th, 2014 - Posted in

Jeff has been practicing insolvency law for more than 25 years. He represents clients on bankruptcy and bankruptcy avoidance, emphasizing corporate reorganization, workouts, creditors’ rights, and commercial litigation both in and out of bankruptcy court. He also provides insolvency-related transactional advice and has extensive experience with all aspects of bankruptcy sales and acquisitions. Jeff represents corporate and individual debtors, shareholders, trustees, receivers, indenture trustees and creditors’ committees, as well as secured and unsecured creditors in complex workouts, reorganizations, and liquidations.

After law school, Jeff completed two bankruptcy judicial clerkships in Texas and Florida. He then practiced law in the restructuring groups at two international law firms, where he was elevated to equity partner. In 2008, Jeff left the big firm life to start his own practice. In 2009, he founded Bast Amron LLP with his partner Brett Amron. The firm is now widely recognized as one of South Florida’s top boutique firms delivering sophisticated advice to an array of clients with complex commercial disputes.

Jeff is a frequent speaker and writer both in the U.S. and abroad on topics related to insolvency. Jeff has been recognized by his peers and numerous publications for professional excellence including: Best Lawyers in America, Chambers and Partners, Martindale Hubble, South Florida Legal Guide and Florida Super Lawyers.

Representative Matters

Insolvency Representations:

  • Official Committee of Investor Creditors in Mosaic Management Group, Inc., Chapter 11, negotiating consensual Chapter 11 plan of reorganization; currently representing the Trustee of the Mosaic Investment Trust
  • Official Committee of Unsecured Creditors in Ecological Paper Recycling, Inc. Chapter 11
  • Official Committee of Unsecured Creditors in Pharma Science Nutrients, Inc.  Chapter 11
  • Special Counsel to Official Committee of Unsecured Creditors and Liquidating Trustee investigating and prosecuting director and officer liability claims – SMF Energy Corporation
  • Special Counsel to Official Committee of Unsecured Creditors prosecuting director and officer liability claims – E Brands Restaurants, LLC, et al
  • Official Committee of Unsecured Creditors in Advanced Blast Protection, Inc. Chapter 11
  • Official Committee of Unsecured Creditors in Solar Cosmetic Labs, Inc. Chapter 11
  • Official Committee of Unsecured Creditors in Britt Metal Processing, Inc. Chapter 11
  • Official Committee of Unsecured Creditors  in Gemini Air Cargo, Chapter 11
  • Official Committee of Unsecured Creditors in Hospital Staffing Services, Inc. (NASDAQ), a national Medicare provider in Chapter 11
  • Debtor-in-possession in extended stay hotel property Chapter 11 (contested reorganization plan confirmed)
  • Several Latin American financial institutions in Chapter 11 of Refco Inc.
  • Local exchange carriers and other telecommunications providers in Worldcom, Global Crossing, Viatel, Star Telecommunications and other national bankruptcies
  • Pre-petition and post-petition lender in Chapter 11 of international injection molding manufacturer with seven facilities in four countries
  • Receiver in FTC receiverships involving consumer credit companies
  • Legal opinions regarding bankruptcy and insolvency issues, including substantive consolidation
  • Prosecuted and defended hundreds of preferential and fraudulent transfer actions

Commercial Litigation:

  • Represented a global technology company in a post-M&A dispute involving the divestiture of a business unit and the buyer’s subsequent refusal to make an earn-out payment, and successfully prosecuted client’s breach of contract claims through two jury trials, obtaining a judgment for millions in damages and attorneys’ fees, while avoiding liability on a slew of counterclaims ranging from breach of contract to fraud
  • Represented and advised a global technology company in negotiations with a global information services company for a multi-million dollar vendor agreement, and drafted and negotiated a master services agreement, statements of work, and service level agreements
  • Regular representation in breach of contract cases in Miami-Dade and Broward counties on behalf of clients who provide agricultural materials and supplies on credit to the farming industry

Mergers and Acquisitions Representations:

  • Private equity fund in $162 million acquisition of operating automotive accessories manufacturing from Chapter 11 in Delaware
  • Chapter 11 Trustee in the sale of a series of landfill, cycling and waste centers owned by Atlas Environmental, and eleven debtor subsidiaries
  • Owner/seller of a Florida plastics manufacturer to its largest competitor
  • Target information technology consulting business in $48 million acquisition by public technology company
  • Stalking horse purchaser of curtain manufacturer with exclusive contracts with JC Penney out of Chapter 11
  • Palm Beach Pops in the acquisition of the library and member list from Boca Pops in Chapter 7
  • Corporate purchaser of intellectual property of Tasco Worldwide Inc. from assignment for the benefit of creditors
  • Cable television channel in connection with the purchase of cable decoders from a company in Chapter 11
  • Executive office suite business in sale to the nation’s largest office suite owner
  • Banca del Gottardo in the $148 million sale of the Roney Plaza in the Chapter 11 of Roney Associates
  • Secured lender in series of sales of operating plastics manufacturers in Chapter 11 of Security Plastics
  • Secured lender in sale of 15 Church’s fried chicken franchises in Chapter 11 of The Restaurant Group

Real Estate Representations:

  • Lexi Condominium Association in Chapter 11 case of Developer Lexi Development Company, Inc.
  • Receiver for Flamingo Condominium Association in Miami Beach
  • Receiver for commercial office building in Miami-Dade County
  • Bentley Bay Condominium Association in the Chapter 11 bankruptcy of developer, Florida Development Associates, Ltd.
  • Pre-petition and post-petition lender with over $100 million facility in Chapter 11 of large hotel and condominium property in Miami Beach
  • Condominium conversion developer in workout of largest foreclosure action in Palm Beach County
  • Numerous commercial and residential developers in Miami-Dade, Palm Beach and Broward County foreclosures and workouts
  • Secured creditors in Chapter 11 bankruptcy of TOUSA, a large national home builder
  • Financial institution in Chapter 11 bankruptcy of Levitt Homes, a large national home builder

Reported Decisions:

  • In re Cargo Transp. Services, Inc., 502 B.R. 875 (Bankr. M.D. Fla. 2013)
  • Court-Appointed Receiver for Lancer Management Group LLC v. Taubman, WL 984452 (S.D. Fla. March 27, 2007)
  • Steinberg v. A Analyst Ltd., WL 4287662 (S.D. Fla. December 5, 2007)
  • Steinberg v. A Analyst Ltd., (S.D. Fla. December 5, 2007)
  • S.E.C. v. Lauer, WL 2931398 (S.D. Fla. November 18, 2004)
  • Procedo Gesellschaft Fur Exportfactoring, D. Klindworth MBH v. Juli-and Holding of Fla., Inc., 691 So. 2d 1143 (Fla. Dist. Ct. App. 1997)

Awards and Recognitions

  • Best Lawyers In America– Listed in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation-Bankruptcy, 2013-2018
  • Martindale-Hubbell rated AV® Preeminent™
  • Chambers and Partners USA for Bankruptcy, 2011-2019
  • South Florida Legal Guide- Top Lawyers in Bankruptcy, 2011-2019
  • Florida Super Lawyers- Business Litigation, Creditor/Debtor Rights 2006-2019
  • Florida Trend, Florida’s Legal Elite, Bankruptcy and Workout, 2005-2019
  • Alumni, Goldman Sachs- 10,000 Small Businesses Miami, 2015

Publications

  • Co-Author, “When to Assert ’In Pari Delicto’: Affirmative Defense or Motion to Dismiss?” – ABI Committee Newsletter, Commercial Fraud Vol. 9, No. 6 / December 2012 http://www.abiworld.org/committees/newsletters/commercial-fraud/vol9num6/assert.html
  • Author, Pre-Confirmation Tax Exemptions Under Section 1146(c) of the U.S. Bankruptcy Code, Bankruptcy Litigation Reporter, Andrews Publications, Thompson West, 08/27/04
  • Author, Special Report: Bankruptcy – Web sites help, but buying assets of a failed enterprise is still tricky, Daily Business Review, 02/26/04
  • Co-author, My Claim is What? No-fault Subordination of Stock Redemption Claims is Dead, The Bankruptcy Strategist (Vol. XX, No. 12), 10/01/03

Speaking Engagements

  • Panelist, Stakeholder liability on insolvency (Comparative directors’ and receivers’/supervisors’ liabilities in insolvency), AIJA International Association of Young Lawyers, Mallorca, Spain, June 2019
  • Panelist, Contracting Out of Bankruptcy: Domestic and International Considerations, 2019 Caribbean Insolvency Symposium, Grand Cayman, Islands January 2019
  • Speaker, Family Feuds And Chapter 11: What Is Counsel To Do? 2018 ABA Business Law Section Spring-Meeting Orlando, FL April 2018
  • Panelist, Webinar: Small Business Debtor Provisions in Chapter 11 – What is working and what is not? Presented by the Business Bankruptcy Committee, January 2018
  • Panelist, Seminar: State of the Market: Are Distressed Deals Coming Back?, Miami, February 2017
  • Speaker, Plan & Confirmation and Classifications of Claims, Intermediate-Advanced Bankruptcy: Chapter 11, Fort Lauderdale, FL December 2016
  • Speaker, Recognition, and Enforcement from US perspective, International Litigation and Assets Transactions, AIJA International Association of Young Lawyers, Lille, France, October 2016
  • Speaker, Creditor Concerns In Bankruptcy, Preferences And Other Risks, National Association of Credit Managers Tampa Chapter, Savannah, GA, October 2015
  • Speaker, Insolvency Labor Law, AIJA International Association of Young Lawyers, Frankfurt, Germany, October 2015
  • Speaker, Webinar: Fighting about Involuntary Bankruptcy Petitions, Commercial Law League Of America, September 2015
  • Speaker, “Chapter 11” – International Association of Young Lawyers – Where is the money? Chasing and protecting the assets before and after insolvency in the international arena, Santa Margherita Italy, September 2014
  • Speaker, Counseling the Closely Held Business in Financial Trouble, ABA Business Law Section Annual Meeting, Chicago, September 2014
  • Speaker, Webinar: Fighting About Involuntary Bankruptcy Petitions, Commercial Law League of America, July 2014
  • Speaker, Business Bankruptcy Boot Camp: Chapter 11 Essentials, Fort Lauderdale, June 2014
  • Speaker, Why Go There and What’s Different: Role of the Chapter 11 Trustee and Introduction to Executory Contracts and Unexpired Leases, 363 Asset Sales; American Bankruptcy Institute, National Association of Bankruptcy Trustees Spring Conference, Coral Gables, April 2014
  • Speaker, What Every Business Lawyer Should Know about Bankruptcy, American Bar Association Business Law Section Spring Meeting, Washington, D.C., April 2013
  • Speaker, Bankruptcy Sales, Florida Institute of Certified Public Accountants Broward Chapter, October 2012
  • Speaker, Commercial Bankruptcy & Receiverships, Realtors Commercial Alliance of Greater Miami and the Beaches, January 2010
  • Speaker, Overview of U.S. Bankruptcy Law, Role of the Trustee, Avoidance Powers: Preferences and Fraudulent Conveyances, Bankruptcy in Florida, February 2005

Professional and Community Activities

  • Co-Chair, Small Business Subcommittee, American Bar Association, Business Law Section, Business Bankruptcy Committee
  • Member, American Bar Association
  • Member, American Bankruptcy Institute
  • Member, International Association of Young Lawyers (AIJA)
  • Member, Turnaround Management Association
  • Member, Commercial Law League of America
  • Director at Large, Bankruptcy Bar Association of the Southern District of Florida, 2008-2014
  • Fellow, American Bar Foundation
  • Young Founder, Mount Sinai Medical Center, Miami Beach
  • Member, North Dade and the Beaches Real Estate Council
  • Chairman of the Board, ReThink and ReUse Center, Inc., 2008-2013
  • Member, Entrepreneurs’ Organization, 2013-Present
  • Alumni, Goldman Sachs 10,000 Small Businesses (10 KSB)

Jeff has been practicing insolvency law for more than 25 years. He represents clients on bankruptcy and bankruptcy avoidance, emphasizing corporate reorganization, workouts, creditors’ rights, and commercial litigation both in and out of bankruptcy court. He also provides insolvency-related transactional advice and has extensive experience with all aspects of bankruptcy sales and acquisitions. Jeff represents corporate and individual debtors, shareholders, trustees, receivers, indenture trustees and creditors’ committees, as well as secured and unsecured creditors in complex workouts, reorganizations, and liquidations.

After law school, Jeff completed two bankruptcy judicial clerkships in Texas and Florida. He then practiced law in the restructuring groups at two international law firms, where he was elevated to equity partner. In 2008, Jeff left the big firm life to start his own practice. In 2009, he founded Bast Amron LLP with his partner Brett Amron. The firm is now widely recognized as one of South Florida’s top boutique firms delivering sophisticated advice to an array of clients with complex commercial disputes.

Jeff is a frequent speaker and writer both in the U.S. and abroad on topics related to insolvency. Jeff has been recognized by his peers and numerous publications for professional excellence including: Best Lawyers in America, Chambers and Partners, Martindale Hubble, South Florida Legal Guide and Florida Super Lawyers.

Representative Matters

Insolvency Representations:

  • Official Committee of Investor Creditors in Mosaic Management Group, Inc., Chapter 11, negotiating consensual Chapter 11 plan of reorganization; currently representing the Trustee of the Mosaic Investment Trust
  • Official Committee of Unsecured Creditors in Ecological Paper Recycling, Inc. Chapter 11
  • Official Committee of Unsecured Creditors in Pharma Science Nutrients, Inc.  Chapter 11
  • Special Counsel to Official Committee of Unsecured Creditors and Liquidating Trustee investigating and prosecuting director and officer liability claims – SMF Energy Corporation
  • Special Counsel to Official Committee of Unsecured Creditors prosecuting director and officer liability claims – E Brands Restaurants, LLC, et al
  • Official Committee of Unsecured Creditors in Advanced Blast Protection, Inc. Chapter 11
  • Official Committee of Unsecured Creditors in Solar Cosmetic Labs, Inc. Chapter 11
  • Official Committee of Unsecured Creditors in Britt Metal Processing, Inc. Chapter 11
  • Official Committee of Unsecured Creditors  in Gemini Air Cargo, Chapter 11
  • Official Committee of Unsecured Creditors in Hospital Staffing Services, Inc. (NASDAQ), a national Medicare provider in Chapter 11
  • Debtor-in-possession in extended stay hotel property Chapter 11 (contested reorganization plan confirmed)
  • Several Latin American financial institutions in Chapter 11 of Refco Inc.
  • Local exchange carriers and other telecommunications providers in Worldcom, Global Crossing, Viatel, Star Telecommunications and other national bankruptcies
  • Pre-petition and post-petition lender in Chapter 11 of international injection molding manufacturer with seven facilities in four countries
  • Receiver in FTC receiverships involving consumer credit companies
  • Legal opinions regarding bankruptcy and insolvency issues, including substantive consolidation
  • Prosecuted and defended hundreds of preferential and fraudulent transfer actions

Commercial Litigation:

  • Represented a global technology company in a post-M&A dispute involving the divestiture of a business unit and the buyer’s subsequent refusal to make an earn-out payment, and successfully prosecuted client’s breach of contract claims through two jury trials, obtaining a judgment for millions in damages and attorneys’ fees, while avoiding liability on a slew of counterclaims ranging from breach of contract to fraud
  • Represented and advised a global technology company in negotiations with a global information services company for a multi-million dollar vendor agreement, and drafted and negotiated a master services agreement, statements of work, and service level agreements
  • Regular representation in breach of contract cases in Miami-Dade and Broward counties on behalf of clients who provide agricultural materials and supplies on credit to the farming industry

Mergers and Acquisitions Representations:

  • Private equity fund in $162 million acquisition of operating automotive accessories manufacturing from Chapter 11 in Delaware
  • Chapter 11 Trustee in the sale of a series of landfill, cycling and waste centers owned by Atlas Environmental, and eleven debtor subsidiaries
  • Owner/seller of a Florida plastics manufacturer to its largest competitor
  • Target information technology consulting business in $48 million acquisition by public technology company
  • Stalking horse purchaser of curtain manufacturer with exclusive contracts with JC Penney out of Chapter 11
  • Palm Beach Pops in the acquisition of the library and member list from Boca Pops in Chapter 7
  • Corporate purchaser of intellectual property of Tasco Worldwide Inc. from assignment for the benefit of creditors
  • Cable television channel in connection with the purchase of cable decoders from a company in Chapter 11
  • Executive office suite business in sale to the nation’s largest office suite owner
  • Banca del Gottardo in the $148 million sale of the Roney Plaza in the Chapter 11 of Roney Associates
  • Secured lender in series of sales of operating plastics manufacturers in Chapter 11 of Security Plastics
  • Secured lender in sale of 15 Church’s fried chicken franchises in Chapter 11 of The Restaurant Group

Real Estate Representations:

  • Lexi Condominium Association in Chapter 11 case of Developer Lexi Development Company, Inc.
  • Receiver for Flamingo Condominium Association in Miami Beach
  • Receiver for commercial office building in Miami-Dade County
  • Bentley Bay Condominium Association in the Chapter 11 bankruptcy of developer, Florida Development Associates, Ltd.
  • Pre-petition and post-petition lender with over $100 million facility in Chapter 11 of large hotel and condominium property in Miami Beach
  • Condominium conversion developer in workout of largest foreclosure action in Palm Beach County
  • Numerous commercial and residential developers in Miami-Dade, Palm Beach and Broward County foreclosures and workouts
  • Secured creditors in Chapter 11 bankruptcy of TOUSA, a large national home builder
  • Financial institution in Chapter 11 bankruptcy of Levitt Homes, a large national home builder

Reported Decisions:

  • In re Cargo Transp. Services, Inc., 502 B.R. 875 (Bankr. M.D. Fla. 2013)
  • Court-Appointed Receiver for Lancer Management Group LLC v. Taubman, WL 984452 (S.D. Fla. March 27, 2007)
  • Steinberg v. A Analyst Ltd., WL 4287662 (S.D. Fla. December 5, 2007)
  • Steinberg v. A Analyst Ltd., (S.D. Fla. December 5, 2007)
  • S.E.C. v. Lauer, WL 2931398 (S.D. Fla. November 18, 2004)
  • Procedo Gesellschaft Fur Exportfactoring, D. Klindworth MBH v. Juli-and Holding of Fla., Inc., 691 So. 2d 1143 (Fla. Dist. Ct. App. 1997)

Awards and Recognitions

  • Best Lawyers In America– Listed in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation-Bankruptcy, 2013-2018
  • Martindale-Hubbell rated AV® Preeminent™
  • Chambers and Partners USA for Bankruptcy, 2011-2019
  • South Florida Legal Guide- Top Lawyers in Bankruptcy, 2011-2019
  • Florida Super Lawyers- Business Litigation, Creditor/Debtor Rights 2006-2019
  • Florida Trend, Florida’s Legal Elite, Bankruptcy and Workout, 2005-2019
  • Alumni, Goldman Sachs- 10,000 Small Businesses Miami, 2015

Publications

  • Co-Author, “When to Assert ’In Pari Delicto’: Affirmative Defense or Motion to Dismiss?” – ABI Committee Newsletter, Commercial Fraud Vol. 9, No. 6 / December 2012 http://www.abiworld.org/committees/newsletters/commercial-fraud/vol9num6/assert.html
  • Author, Pre-Confirmation Tax Exemptions Under Section 1146(c) of the U.S. Bankruptcy Code, Bankruptcy Litigation Reporter, Andrews Publications, Thompson West, 08/27/04
  • Author, Special Report: Bankruptcy – Web sites help, but buying assets of a failed enterprise is still tricky, Daily Business Review, 02/26/04
  • Co-author, My Claim is What? No-fault Subordination of Stock Redemption Claims is Dead, The Bankruptcy Strategist (Vol. XX, No. 12), 10/01/03

Speaking Engagements

  • Panelist, Stakeholder liability on insolvency (Comparative directors’ and receivers’/supervisors’ liabilities in insolvency), AIJA International Association of Young Lawyers, Mallorca, Spain, June 2019
  • Panelist, Contracting Out of Bankruptcy: Domestic and International Considerations, 2019 Caribbean Insolvency Symposium, Grand Cayman, Islands January 2019
  • Speaker, Family Feuds And Chapter 11: What Is Counsel To Do? 2018 ABA Business Law Section Spring-Meeting Orlando, FL April 2018
  • Panelist, Webinar: Small Business Debtor Provisions in Chapter 11 – What is working and what is not? Presented by the Business Bankruptcy Committee, January 2018
  • Panelist, Seminar: State of the Market: Are Distressed Deals Coming Back?, Miami, February 2017
  • Speaker, Plan & Confirmation and Classifications of Claims, Intermediate-Advanced Bankruptcy: Chapter 11, Fort Lauderdale, FL December 2016
  • Speaker, Recognition, and Enforcement from US perspective, International Litigation and Assets Transactions, AIJA International Association of Young Lawyers, Lille, France, October 2016
  • Speaker, Creditor Concerns In Bankruptcy, Preferences And Other Risks, National Association of Credit Managers Tampa Chapter, Savannah, GA, October 2015
  • Speaker, Insolvency Labor Law, AIJA International Association of Young Lawyers, Frankfurt, Germany, October 2015
  • Speaker, Webinar: Fighting about Involuntary Bankruptcy Petitions, Commercial Law League Of America, September 2015
  • Speaker, “Chapter 11” – International Association of Young Lawyers – Where is the money? Chasing and protecting the assets before and after insolvency in the international arena, Santa Margherita Italy, September 2014
  • Speaker, Counseling the Closely Held Business in Financial Trouble, ABA Business Law Section Annual Meeting, Chicago, September 2014
  • Speaker, Webinar: Fighting About Involuntary Bankruptcy Petitions, Commercial Law League of America, July 2014
  • Speaker, Business Bankruptcy Boot Camp: Chapter 11 Essentials, Fort Lauderdale, June 2014
  • Speaker, Why Go There and What’s Different: Role of the Chapter 11 Trustee and Introduction to Executory Contracts and Unexpired Leases, 363 Asset Sales; American Bankruptcy Institute, National Association of Bankruptcy Trustees Spring Conference, Coral Gables, April 2014
  • Speaker, What Every Business Lawyer Should Know about Bankruptcy, American Bar Association Business Law Section Spring Meeting, Washington, D.C., April 2013
  • Speaker, Bankruptcy Sales, Florida Institute of Certified Public Accountants Broward Chapter, October 2012
  • Speaker, Commercial Bankruptcy & Receiverships, Realtors Commercial Alliance of Greater Miami and the Beaches, January 2010
  • Speaker, Overview of U.S. Bankruptcy Law, Role of the Trustee, Avoidance Powers: Preferences and Fraudulent Conveyances, Bankruptcy in Florida, February 2005

Professional and Community Activities

  • Co-Chair, Small Business Subcommittee, American Bar Association, Business Law Section, Business Bankruptcy Committee
  • Member, American Bar Association
  • Member, American Bankruptcy Institute
  • Member, International Association of Young Lawyers (AIJA)
  • Member, Turnaround Management Association
  • Member, Commercial Law League of America
  • Director at Large, Bankruptcy Bar Association of the Southern District of Florida, 2008-2014
  • Fellow, American Bar Foundation
  • Young Founder, Mount Sinai Medical Center, Miami Beach
  • Member, North Dade and the Beaches Real Estate Council
  • Chairman of the Board, ReThink and ReUse Center, Inc., 2008-2013
  • Member, Entrepreneurs’ Organization, 2013-Present
  • Alumni, Goldman Sachs 10,000 Small Businesses (10 KSB)