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David E. Otero
David E. Otero
Partner 
50 North Laura Street
Suite 3100
Jacksonville, FL 32202
 
Tel:
904.598.8604
Fax:
904.798.3730
 
 

David Otero is a partner in the Tax Practice Group and the Bankruptcy & Reorganization Practice Group.

David represents clients on state and local tax controversy matters throughout the United States. He represents financial institutions, national retailers and other companies in state and local tax matters, including refund actions, audit defense, administrative appeals and litigation, and related consulting and planning.

In the bankruptcy and creditor's rights area, David represents secured and unsecured creditors and creditors' committees, as well as trustees and debtors-in-possession, in complex bankruptcy cases on a nationwide basis. He also represents plaintiffs and defendants in related complex commercial litigation in federal and state court. He advises businesses and financial institutions with respect to bankruptcy and creditors' rights matters, including loan workouts and restructurings, and issues legal opinions. David also often represents clients in acquiring or investing in businesses in bankruptcy.
 
Representative Experience
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Co-counsel with Peter Larsen for Citigroup, GE, Capital One, Ford, Daimler, Chrysler, Toyota, Nissan, Honda, Sears, Radio Shack, Kohl's, Best Buy, and Office Depot, among others, in nationwide state and local bad debt sales tax recovery efforts. Has assisted clients in recovering over one billion dollars to date.
 
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Lead counsel for principal secured creditor with over $100 million in claims in six related Chapter 11 bankruptcy matters in the Bankruptcy Court for the District of Puerto Rico. Successfully secured dismissal of four of the six cases and obtained relief from the automatic stay and order excusing the turnover of assets by the receiver on the remaining two cases, which involved a large subdivision and apartment complex. The creditor eventually caused the sale of the subdivision through a 363 sale and foreclosed on the condominium complex.
 
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Lead counsel for unsecured creditors' committee in a successful Chapter 11 reorganization of a continuing care retirement community in Florida (In re Life Care St. Johns, Inc., d/b/a Glenmoor).
 
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Lead counsel for secured creditors (such as financial institutions, indenture trustees, and governmental agencies), unsecured creditors and creditors' committees, as well as trustees and debtors-in-possession, in other complex Chapter 11 and Chapter 7 bankruptcy cases in numerous jurisdictions throughout the country.
 
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Lead counsel for taxpayers in numerous bankruptcy/tax matters.
 
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Lead counsel for numerous prospective acquirers of bankrupt entities.
 
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Provided non-consolidation and true sale opinions on behalf of borrowers, and reviewed opinions for lenders and trustees, in many structured finance and asset securitization transactions.
 
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Lead counsel for professional athletes in numerous litigation and workout matters.
 
Awards & Recognition
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Board Certified in Business Bankruptcy, American Board of Certification
 
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Super Lawyers Magazine 2008-2014, Listed in Florida for Bankruptcy & Creditor/Debtor Rights, Tax, and Business Litigation
 
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The Best Lawyers in America 2007-2015, Listed in Florida for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation-Bankruptcy, Securization and Structured Finance Law
 
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Jacksonville Magazine 2014, Listed in 904 Magazine's "Top Lawyers" for Tax
 
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The Best Lawyers in America 2013, Named as "Lawyer of the Year" for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law in Jacksonville
 
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Florida Trend's Legal Elite 2012, 2013, Listed for Bankruptcy & Workout
 
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Martindale-Hubbell, AV Preeminent Rated
 
Professional Memberships & Activities
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The Florida Bar, Administrative Law, Business Law, Entertainment Arts and Sports Law, Taxation, and Trial Lawyers Sections, Member
 
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State Bar of Wisconsin, Bankruptcy Insolvency and Creditors Rights, Intellectual Property, Sports & Entertainment Law, and Taxation Sections, Member
 
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Jacksonville Bankruptcy Bar Association, Past President
 
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Jacksonville Bar Association, Sports & Entertainment Law Committee, Member
 

Associated News, Events and Publications
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David E. Otero

Practice
Bankruptcy & Reorganization
Tax
Representative Clients
Capital One
Chrysler
Citigroup
Daimler Financial
GE Capital
Honda
Nissan
Office Depot
Radio Shack
Sears
Toyota
Education
J.D., University of Wisconsin Law School, 1986; Dean's List
B.A., University of Wisconsin - Madison, 1984; History, Political Science, and International Relations, with distinction
Bar Admissions
Florida
Wisconsin
 
 
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