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Jeffrey T. Kucera

Partner
+1.305.539.3322
Fax +1.305.358.7095

Mr. Kucera is a litigator who focuses his practice on Bankruptcy, Debtors’ and Creditors’ Rights, and Commercial Litigation. He regularly appears before the U.S. District Courts and the U.S. Bankruptcy Courts in the Southern, Middle, and Northern Districts of Florida, as well as circuit courts throughout the state.

Bankruptcy
Mr. Kucera 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
Mr. Kucera 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
Mr. Kucera 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
  • Issuers of credit default swaps
  • Judgment creditors

These representations have involved a wide range if 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
Mr. Kucera 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

Professional/Civic Activities

  • ABA Business Law Section, Business Bankruptcy Committee, co-vice-chair of Subcommittee on Bankruptcy Committees
  • Chambers USA – America's Leading Lawyers for Business for Bankruptcy/Restructuring (2011, 2012)
  • Chambers USA – Bankruptcy/Restructuring in Florida 2011
  • American Bar Association (Real Property, Probate, and Trust Law Section; Business Law Section; and Litigation Section)
  • Dade County Bar Association
  • 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-Present)
  • Friends of Greyhounds (Volunteer)

Speaking Engagements

  • "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 Information

Representative/Significant Matters
  • Counsel to Central Bank of Ecuador and affiliates in connection with bankruptcy and judgment enforcement issues in Florida arising from $600 million judgment issued by The Judicial Committee of Her Majesty’s Privy Council (UK).
  • Obtained $4.3 million judgment in proceedings supplementary against fraudulent transferees of assets of judgment debtors by reverse-piercing the corporate veil.
  • Counsel to equipment lessee in matters relating to oil and gas fields, and in bankruptcy relating to a trucking company.
  • Counsel to major financial institutions for workout, creditors’ rights, and bankruptcy matters including negotiation and drafting of forbearance agreements; suits to enforce notes, mortgages, security agreements, and loan documents
  • Counsel to secured lender in an action against a premium finance company; successfully obtained appointment of receiver and prejudgment escrow of principal balance of loan
  • Counsel to secured lender in actions against various real estate developers, including workout and foreclosure suits
  • Counsel to broker-dealer in bankruptcy litigation arising from fraudulent enterprise providing non-recourse loans collateralized by publicly-traded securities
  • Counsel to Receiver in action to operate, market, and sell operating company
  • Counsel to a major accounting firm in various matters, including litigation of professional negligence claims, Internal Revenue Service investigations and subpoenas, and bankruptcy issues.
  • Counsel for the debtor in In re VitalCare Group, Inc.  Formulated strategies regarding refinancing of bank debt, defended against various intellectual property claims, defended against pre-petition claims of contempt of court, and prosecuted plan of reorganization.
  • Counsel to a large black-box defense contractor in its negotiations involving licensing issues and potential bankruptcy ramifications of technology transactions with development-stage high-technology subcontractors and customers.
  • Counsel to the major secured creditor in In re Aaction Tree Farm, Inc., where the collateral was agricultural timberland in Northern California.  Assisted the client in negotiating sale of property to third party, and in obtaining protection for the collateral from diminution as a result of insect infestation, drought, and fire damage. 
  • Counsel to a stalking-horse bidder seeking to acquire the assets and operations of a toy-making company.  Negotiated sale and purchase agreement, and represented client at auction sale.
  • Local counsel for the debtor in In re Premier Member Services, Inc. Formulated strategies and negotiated with committee for attorneys’ general for all fifty states and the Federal Trade Commission regarding marketing and credit-card issues; drafted and prosecuted plan of reorganization.
  • Aldea Communications, Inc. v. Gardner 725 So.2d 45b (Fla. 2nd DCA 1999)
  • In re Feinstein Family Partnership 247 B.R. 502 (Bankr. M.D.Fla. 2000)