Mr. Kucera 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.
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
- Servicers and special servicers
- 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
