Jeffrey Kucera

Practice Areas

Jeff Kucera is a partner in the firm's Finance practice. He helps clients to enforce, interpret, restructure, and renegotiate lending arrangements. He is a litigator who focuses his practice on Bankruptcy, Debtors’ and Creditors’ Rights, and Commercial Litigation before U.S. District Courts and U.S. Bankruptcy Courts nationwide, as well as circuit courts throughout the state.

In addition, Jeff brings his skills and experience to the table as a Supreme Court of Florida Certified Circuit Civil Mediator for cases pending in state, federal, and bankruptcy courts. He is also listed on the Register of Mediators for the U.S. Bankruptcy Court for the Southern District of Florida.

BANKRUPTCY

Jeff 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

Jeff 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

Jeff 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

Servicers and special servicers

Issuers of credit default swaps

Judgment creditors

These representations have involved a wide range of 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

Jeff 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 Memberships

ABA Business Law Section, Business Bankruptcy Committee, past co-vice-chair of Subcommittee on Bankruptcy Committees, current co-chair of Subcommittee on Avoidance Powers

American Bar Association

Member, Real Property, Probate and Trust Law

Member, Business Law Section

Member, Litigation Section

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 (1999-2008)

Dade County Bar Association

Publications

“How Are Courts Interpreting the New ‘Reasonable Due Diligence’ Requirement Under § 547(b)?” Business Law Today, June 2022

"Bankruptcy Code Changes Offer Lifeline to Small Businesses," Miami Herald, 14 August 2020

“No More Ad Lib: the Nuts and Bolts of Ad Hoc Bankruptcy Committees,” Speaker, October 2014; also an article published in Business Law Today, December 2014

“Curbside Consult – Sole Proprietor Subject to Liens Against Accounts Receivable,” Florida Medical Business, June 24, 2003

“Boardroom Bankruptcy Issues,” The Corporate Board, May/June 2003

“Hotel Industry Faces Need for Restructuring,” The National Law Journal, February 10, 2003

“Act Quickly to Cope With Deteriorating Financials,” South Florida Business Journal, 2001

“Bankruptcy Concerns for Hotels,” Florida Real Estate Journal, 2001

Education