Questions? Florida (305) 755-9200 - Puerto Rico (787) 281-9200

09.18.2017
As we residents of the hurricane devastated areas can attest, a hurricane may not hit you just once. After the storm passes, hurricanes can still hit property owners in the wallet as they deal with the aftermath and damage done to their homes and personal property. [more]

As we residents of the hurricane devastated areas can attest, a hurricane may not hit you just once.  After the storm passes, hurricanes can still hit property owners in the wallet as they deal with the aftermath and damage done to their homes and personal property.  Hurricane Irma was the largest hurricane that we have seen in years, and it is important to carefully choose those professionals that will handle your claims for storm related damage.  Your insurance company will have a team of attorneys ready to deal with claims as they are reported, and it is critical that you have your own team of legal professionals ready to advocate for your rights and to help maximize your recovery.

Property damage claims can be time consuming and frustrating, especially when attempting to re-establish a normal life after a storm.  Each insurance policy is unique and a failure to comply with the terms of a policy could leave your or your neighbors without the coverage that you expect and require to repair your property.  Without the necessary guidance, it is possible to make a costly mistake that could cause as much stress as the storm itself and potentially leave you paying for damages out of your own pocket.  In these days and weeks following the storm, it is important to review your insurance policy to ensure that you are conforming to the terms and properly submitting your claim.  If you are unsure about the terms of the policy, you should immediately consult an attorney to help you understand your rights.

Richard R. Robles, Esquire is uniquely qualified to ensure that your claim is handled with the care that it deserves.  In 1992, Mr. Robles was in the eye of Hurricane Andrew having lived in Homestead, Florida during that terrible storm. He spent years dealing with the repercussions of Hurricane Andrew, and worked with state, county and city planning departments and local businesses with Florida International University’s Strategic Emergency Business Assistance Center (SEBAC) to help rebuild our community. This personal experience combined with over twenty (20) years as one of Miami’s top litigators makes Mr. Robles an excellent choice to help you and your neighbors deal with the aftermath of Hurricane Irma.

The team at Robles, P.A. has called South Florida their home for decades. We lived this storm, and we are here to help Florida re-build.  If you, a loved one or neighbor is dealing with property damage, you may have a valid claim under your property insurance policy.  Please give us a call at (305) 755-9200 for a free consultation as to your rights. Time can make all the difference in a successful claim, so please do not delay. 

 
Law Offices of Richard R. Robles, P.A.
905 Brickell Bay Drive, Suite 228
Miami, Florida 33131
(305) 755-9200
rrobles@roblespa.com
            

09.17.2015
Many times a corporate Chapter 11 bankruptcy debtor proceeding through the reorganization process has liabilities that bind directors and officers. For example, a director or officer may have signed a guaranty in favor of a creditor or a credit application which many times have hidden guaranty clauses for the individual signing the credit application. [more]

Many times a corporate Chapter 11 bankruptcy debtor proceeding through the reorganization process has liabilities that bind directors and officers.  For example, a director or officer may have signed a guaranty in favor of a creditor or a credit application which many times have hidden guaranty clauses for the individual signing the credit application.  In some instances, corporate credit cards may convey potential liability to the directors or officers making the credit card purchase.  Quite often, the directors and officers are essential in the reorganization process for the corporate debtor.  To maximize the success of the corporate reorganization, it is important that the directors and officers be free from litigation involving corporate debt so that the focus is on the reorganization process.  Abandonment by the directors and officers of the corporate debtor during the reorganization process resulting in dismissal or liquidation may not be in the best interest of the creditors.

The Eleventh Circuit addressed the issue of director and officer releases in In re Seaside Engineering & Surveying, Inc., 780 F.3d 1070, 1079-1082 (11th Cir. 2015), the Eleventh Circuit adopted the majority position that non-debtor releases are permitted as long as a seven factor test is met.  These factors include: 1) the identity of the interests between debtor and third party and whether the suit against third party is in essence a suit against the debtor; 2) whether the non-debtor has contributed substantial assets to the debtor; 3) whether reorganization hinges on debtor being free from indirect suits; 4) whether the impacted class has accepted the plan; 4) whether the plan has a mechanism to pay all or substantially all of the classes affected; 5) whether the plan provides an opportunity for claimants who do not accept to recover in full; and 6) the record of the factual findings in support of the factors.  When applying the aforementioned factors, care should be given to ensure notice to the affected creditors.

The value of avoiding further litigation or personal bankruptcies for the directors and officers is obvious when the main goal is achieving a successful reorganization for the corporate debtor.  Further litigation for the directors and officers would result in the needless expenditure of funds that could be better used in the reorganization process.  Furthermore, the credit of the directors and officers will be necessary for the acquisition of inventory, supplies and payment of incidental expenses of the reorganized debtor and may be necessary to fund the plan of reorganization through new financing.  It is the directors and officers that are the lifeblood of the corporate debtor and their contributions of time, effort and money, without compensation many times, should not go unnoticed to creditors.  It is better that this time, effort and money be spent on the reorganization process than on individual creditor disputes that are primarily based on the corporate debtor’s liability.  Having directors and officers focused on the retention of business, operations, growth and profitability is where the effort needs to be.  A savvy creditor that understands the utility of the third party release can ensure the success of the reorganized debtor, can become involved in the reorganization process of the debtor and can structure a profitable business relationship with the debtor for the future that is beneficial to both debtor and creditor.

By Richard R. Robles, Esquire    
Law Offices of Richard R. Robles, P.A.
905 Brickell Bay Drive, Suite 228
Miami, Florida 33131
(305) 755-9200
rrobles@roblespa.com

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