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Doug Bates is often involved in complex, multi-faceted business reorganizations throughout Florida. Doug has experience representing chapter 11 debtors in the airline, marina, manufacturing and homebuilder industries.  In addition, Doug has represented creditors' committees, trustees, purchasers of assets in § 363 sales, real estate owners and developers in out-of-court workouts, and secured creditors.  He has been involved in numerous bankruptcy litigation matters as well, including prosecution and settlement of multiple avoidance actions arising in the TOUSA, Supra Telecommunications, National Gold Exchange and Main Street USA bankruptcy cases.

Representative Experience

  • Representing Joseph Luzinski, Chapter 7 Trustee of National Gold Exchange, Inc.
  • Representing the Official Committee of Unsecured Creditors in Black Crow Media Group Chapter 11 cases
  • Represented Gulfstream International Airlines and its affiliates in their Chapter 11 cases in the Southern District of Florida. Gulfstream Airlines is the 16th largest regional airline group in the U.S. in terms of number of passengers flown annually.  Represented Gulfstream and its affiliates in connection with the successful sale of substantially all of their assets through a Section 363 sale to Victory Park Capital
  • Representing TOUSA, Inc. and approximately 40 debtor and non-debtor affiliates in their currently-pending Chapter 11 cases that will restructure more than $2 billion in debt obligations, including obligations related to bank debt, senior and subordinated public bond debt, and complex land bank option and development contracts.  TOUSA is a publicly traded homebuilder with substantial operations in Florida, the Mid-Atlantic, Texas and the West, doing business under trade names including Newmark, Engle Homes and Trophy Homes
  • Representing multiple real estate development companies in workout negotiations and associated litigation involving over $100 million in total liabilities
  • Representing local hot tub manufacturing company in its Chapter 11 case and sale of substantially all of its assets through Section 363 of the Bankruptcy Code
  • Represented junior secured creditor in Chapter 11 bankruptcy case of local Miami hotel
  • Represented the SCO Group, Inc., et al. in their Chapter 11 bankruptcy cases filed in the District of Delaware
  • Represented Aloha Airlines in their Chapter 11 bankruptcy cases which were filed in Hawaii
  • Represented Chapter 11 debtors in three separate bankruptcies of a Fort Lauderdale shipyard, dry dock storage facility, and fully operational marina.  The Chapter 11 cases included many heavily litigated real estate, landlord-tenant, tort and contract issues as well as issues related to the sales of assets
  • Represented creditors’ committee in the Chapter 11 bankruptcy case of an automotive lending company.  Investor claims totaled well over $10 million dollars. Overall, through mediation and extensive negotiations, the Committee confirmed a liquidating plan that provided for the payment of over 40% of investor claims
  • Represented five managers of Chapter 11 debtor PSM Manufacturing, an affiliate of Chapter 11 debtor Calpine, in connection with multi-million dollar claims against Calpine and various of its affiliates.  Overall, through continued substantive negotiations, a global settlement agreement was reached between the managers and the debtors, and a significant benefit obtained for the managers without the need for litigation
  • Represented Don King Productions, Inc. in a Chapter 7 bankruptcy case filed by a former World Champion professional boxer in Tampa, Florida.
  • Represented Chapter 7 Trustee in bankruptcy case of Lorraine Brooke Associates, a case that involved the book rights of O.J. Simpson with respect to the manuscript entitled “If I Did It”
  • Represented radio broadcasting company in connection with the out of court restructuring of over $80 million of debt and preferred equity obligations

Professional & Community Involvement

  • Active member of the Business Law Section of the Florida Bar
    • Chairman, Bankruptcy/UCC Committee
    • Member, Pro Bono and Legislative Committees
    • Member, Executive Council
  • Led efforts to study and amend Florida’s version of the Uniform Commercial Code, both Article 1, Article 3, Article 4 and Article 7 through the Business Law Section
  • Mentor to several law students at Nova Southeastern University and University of Florida College of Law
  • Active fundraiser for the Leukemia and Lymphoma Society through Team in Training, as both a participant and as a volunteer assistant coach
  • Served as a Big Brother for the Big Brothers and Big Sisters program
  • Active participant in the CARE program which educates young people regarding finance and credit

Awards & Recognition

  • Chambers & Partners USA, America’s Leading Business Lawyers, Bankruptcy/Resturcturing, "Up and Coming" (2011)
  • Florida Trend Magazine’s,  “Up and Comer” (2007-2011)
  • South Florida Legal Guide, "Top Up and Comer" (2008-2011)
  • Florida's Super Lawyers, “Rising Star” (2009-2011)

Articles & Presentations

  • Annual contributor to the Business Law Section Journal
  • Cross Examination of an Expert Witness, The Federal Lawyer (May 2010)
  • Recent Developments in Chapter 11 Cases, Thirty-Fourth Annual Southeastern Bankruptcy Law Institute (2008).
  • Providing Utility Services Post-Petition and Post-BAPCA, ABI Telecommunications and Technology Committee Newsletter (2007)
  • Enforcement of Secured Claims, Creditors’ and Debtors’ Practice  in Florida (2007)
  • Will Real Estate Serve As Next Boom for Real Estate Restructurings in Florida, FW Americas Restructuring and Insolvency Review (2007)
  • Key Employee Retention Programs Under BAPCPA, Thirty-Second Annual Southeastern Bankruptcy Law Institute (2006)
  • Substantive Consolidation in Bankruptcy, Thirty-First Annual Southeastern Bankruptcy Law Institute (2005)
  • Duties of Directors of Failing Companies, Thirty-First Annual Southeastern Bankruptcy Law Institute (2005)
  • Liberalization of Section 547(C)(2) Gives Defendants a Powerful Choice, Bankruptcy Reform Act 2005: Expert Analyses Examining and Predicting the Impact on the Commercial Practitioner (2005)