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Overview

"He's hard-working, diligent, and has been successful in obtaining great results." 

- Chambers USA 2017

Eric Silver is a Business Restructuring attorney who handles complex commercial restructuring and related litigation matters in both federal and state courts. He regularly represents court appointed fiduciaries, secured and unsecured creditors, and purchasers of distressed assets. Prior to joining the firm in 2010, Eric served as a law clerk to the Honorable Robert A. Mark in the United States Bankruptcy Court for the Southern District of Florida. Eric earned his J.D., magna cum laude, from the University of Miami School of Law, jointly with his M.B.A. from the School of Business Administration.

Representative Experience

  • Counsel to bankruptcy trustee in complex liquidation of real estate holdings and collectable firearms and ammunition, resulting in substantial projected distribution to creditors in case styled In re Dossul, Case No. 15-31443-AJC (Bankr. S.D. Fla.) (Miami Div.).
  • Counsel to court appointed receivers in both federal and state courts charged with winding down of various businesses, including dental offices, hotels, skilled nursing facility, nightclub, restaurants and retail. Representation includes the sale of assets, investigation of financial affairs, and prosecution of litigation claims against third parties for the benefit of the receivership estates.
  • Counsel to directors and officers in breach of fiduciary duty and related claims stemming from insolvency proceedings including those styled In re Connect Transport, LLC, et al., Case No. 16-33971-7 (Bankr. N.D. Tex) (Dallas Div.), In re Lifestyle Lift Holding, Inc., et al., Case No. 15-44839-mlo (Bankr. E.D. Mich.) (Southern Div.), In re Cereplast, Inc., Case No. 14-90200-BHL (Bankr. S.D. Ind.) (New Albany Div.), In re Cordia Communications Corp., et al., Case No. 6:11-bk-06493-KSJ (Bankr. M.D. Fla.) (Orlando Div.), and In re Green Field Energy Services, Inc., et al., Case No. 13-12783-KG (Bankr. D. Del.).
  • Counsel to bankruptcy trustee in liquidation of firearms and ammunition retailer in case styled In re National Gun Inc., Case No. 17-17569-AJC (Bankr. S.D. Fla.) (Miami Div.).
  • Counsel to bankruptcy trustee in the operation and $17 million sale of a 147-room beachside hotel in case styled In re Ocean 4660, LLC, Case No. 13-23165-JKO (Bankr. S.D. Fla.) (Fort Lauderdale Div.).
  • Counsel to bankruptcy trustee in complex liquidation of various real estate holdings over objections of parties involved in decade long litigation between probate estate and its beneficiaries and professionals in case styled In re LoCascio, Case No. 13-18554-RAM (Bankr. S.D. Fla.) (Miami Div.).
  • Counsel to bankruptcy trustee in investigation and liquidation of fraudulently concealed assets including marine vessel, vehicle, equity interests and cash resulting in 100% distribution to creditors in case styled In re Lista, Case No. 13-22662-AJC (Bankr. S.D. Fla.) (Miami Div.).
  • Counsel to ownership group in ownership dispute and related matters in involuntary chapter 11 bankruptcy cases and appeals to United States District Court for the Southern District of Florida and Eleventh Circuit Court of Appeals in cases styled In re Fisher Island Investments, Inc., Case No. 11-17047-AJC (Bankr. S.D. Fla.) (Miami Div.), In re Mutual Benefits Offshore Fund, Ltd., Case No. 11-17051-AJC (Bankr. S.D. Fla.) (Miami Div.), and In re Little Rest Twelve, Inc., Case No. 11-17061-AJC (Bankr. S.D. Fla.) (Miami Div.).
  • Counsel to stalking horse bidder for membership interests in limited liability company that owned multimillion dollar commercial real estate development in case styled In re Kaye, Case No. 14-40560 (Bankr. N.D. Fla.) (Tallahassee Div.).
  • Counsel to bankruptcy trustee in investigation and prosecution of litigation claims resulting from diminution of millions of dollars in real property and personal property in cross-border insolvency case styled In re Edelsten, Case No. 14-19613-JKO (Bankr. S.D. Fla.) (Fort Lauderdale Div.).
  • Counsel to bankruptcy trustee in liquidation of defunct wholesale distributor of auto parts in case styled In re Martin Racing Performance, Inc., Case No. 14-23733-LMI (Bankr. S.D. Fla.) (Miami Div.).
  • Counsel to bankruptcy trustee in successful resolution of trustee’s objection to debtor’s claim of million dollar homestead exemption in cases styled In re Nelson, Case No. 14-22780-RAM (Bankr. S.D. Fla.) (Miami Div.) and In re Bryan, Case No. 14-15171-LMI (Bankr. S.D. Fla.) (Miami Div.).
  • Counsel to bankruptcy trustee in investigation and liquidation of million dollar real property obtained through fraudulent means in case styled In re Guerra, Case No. 14-10160-RAM (Bankr. S.D. Fla.) (Miami Div.).
  • Counsel to creditor with security interest in intellectual property regarding biofuel production in case styled In re Initio Fuels, LLC, Case No. 6:13-bk-08879-CCJ (Bankr. M.D. Fla.) (Orlando Div.).
  • Counsel to equipment leasing company in cloud technology case styled In re Savtira Corporation, Case No. 8:12-bk-06471-CPM (Bankr. M.D. Fla.) (Tampa Div.).
  • Counsel to secured creditor holding in excess of $4 million in chapter 11 case styled In re Spaxon Corp II, Case No. 11-40613-JKO (Bankr. S.D. Fla.) (Fort Lauderdale Div.) and in negotiation of out of court workout.
  • Counsel to seller in sale of $1.4 million loan secured by real and personal property, including membership interests in LLC’s holding FCC radio broadcasting licenses.

Judicial Clerkships

  • Law Clerk, Honorable Robert A. Mark, U.S. Bankruptcy Court, Southern District of Florida

Professional & Community Involvement

  • Bankruptcy Bar Association of the Southern District of Florida, Board Member/Director, 2012-Present
    • First Vice President, 2018-Present
    • Pro Bono Committee, Miami Chair, 2016-2018
  • American Bankruptcy Institute
  • The Florida Bar, Business Law Section, Member
  • The Florida Bar, Young Lawyers Division, Member
  • Mount Sinai’s Young Presidents Club, Member

Recognition

  • Chambers USA America's Leading Lawyers for Business: Up & Coming in Bankruptcy/Restructuring, 2016-2018
  • Florida Super Lawyers, Rising Star, 2013-2018
  • International Financial Law Review 1000 (IFLR1000), Highly Regarded – Florida, Restructuring and Insolvency, 2018
  • Pro Bono Honor Roll, U.S. District & Bankruptcy Courts of the Southern District of Florida, 2016
  • Bankruptcy Bar Association, Annual Involvement Award, 2012
  • Bankruptcy Bar Association, Distinguished Service Award, 2011

Publications & Presentations

Events: Scary Nightmares for Secured Lenders
American Bankruptcy Institute Southeast Bankruptcy Workshop|July 2013

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