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Joanne Gelfand

Of Counsel 
Three Brickell City Centre
98 Southeast Seventh Street
Suite 1100
Miami, FL 33131
 
Tel:
305.982.5694
Fax:
305.374.5095
 
 

Joanne Gelfand has 25 years of experience in bankruptcy and creditors' rights. In the 1990's Joanne relocated to New York City where she continued to practice bankruptcy law while serving as an adjunct professor at New York University and Benjamin N. Cardozo School of Law. Notable client work includes the high profile representation of a Chapter 7 Trustee in the administration of a $120 million viatical portfolio and the representation of the Receiver in the prosecution of more than 100 fraudulent transfer actions resulting from a $120 million Ponzi scheme. In addition to her depth of bankruptcy experience, Joanne also serves as a Certified Arbitrator for the Broward County Circuit Court and The Florida Bar. She is recognized as an outstanding lawyer by The Best Lawyers in America and the South Florida Legal Guide, and served on the prestigious Long Range Planning Committee for the United States Bankruptcy Court for the Southern District of New York.
 
Representative Experience
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Representation of Parcside Equity, LLC, a life settlement business, in litigation before the Honorable Erik Kimball, successfully defending in excess of $24 million fraudulent transfer of viatical settlements contracts presenting issue of whether the transfers were exempt as securities. In re Parkside Case No. 13-1479 (Bankr. S.D. Fla. 2013).
 
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Represented interests of homeowners in luxury country club/golf club communities where developer is bankrupt or insolvent in preserving their rights concerning the Club amenities and/or structuring the purchase of Club amenities from the insolvent developer including The New Club at Mediterra, Inc., The Shadow Wood Country Club, The Commons Club, and Tesoro.
 
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Represented various senior secured lenders in Chapter 11 concerning disputes relating to cash collateral, confirmation (including cramdown), surcharge, disposition of collateral, subordination of debt and priority of lien.
 
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Represented mortgage company during the liquidation and pre-bankruptcy planning of its operations consisting of the origination, selling and servicing of bundled subprime mortgages.
 
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Represented 100+ unit owners in the Maison Grande Condominium Assoc. Inc. bankruptcy case concerning disputes stemming from 99 year ground lease between the landlord and the bankruptcy condominium association.
 
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Represented Chapter 7 Trustee in the administration of a $120 M viatical portfolio which portfolio was serviced in the Chapter 7 (a historical event in chapter 7s involving viaticals) paving the way for a monetary distribution to the unsecured creditors.
 
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Represented the Shelbourne Beach hotel as Debtor-In-Possession successfully confirming a plan of reorganization.
 
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Represented the Receiver acting as lead counsel in the prosecution of more than 100 fraudulent transfer actions seeking recovery of profits by investors in a $120 million Ponzi scheme.
 
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Represented purchasers of assets from bankrupt debtors including real estate, ongoing businesses, inventory, and intellectual property.
 
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Represented landlords in all aspects of bankruptcy.
 
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Represented 109 homeowners in mega-case of General Development, Corp. preserving their rights to multi- million dollar letter of credit.
 
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Represented consortium of banks in cruise line bankruptcy concerning confirmation issues.
 
Awards & Recognition
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The Best Lawyers in America 2010-2017, Listed in Florida for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, and Litigation - Bankruptcy
 
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Super Lawyers Magazine 2006, 2010-2014, 2016, 2017 Listed in Florida for Bankruptcy & Creditor/Debtor Rights
 
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South Florida Legal Guide Top Lawyers 2010-2015, Listed for Bankruptcy, Creditors Rights
 
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Florida Trend's Legal Elite 2010, 2013, Listed for Bankruptcy & Workout
 
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Daily Business Review 2007, "Most Effective Bankruptcy Lawyer" in Dade, Broward, and Palm Beach Counties
 
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Board Certified Program Arbitrator, The Florida Bar Board of Legal Specialization and Education
 
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Certified Arbitrator, Seventeenth Judicial Circuit In and For Broward County
 
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Martindale-Hubbell, AV Rated
 
Published Works & Lectures
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The Florida Bar, Speaker, "Bankruptcy: Advanced Issues for Community Association Practioners," April 4, 2014
 
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The Florida Bar CLE, Condominium & Planning Development Law, Speaker, "Bankruptcy for Association Practitioners," April 2012
 
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Ralph E. Boyer Institutes on Real Property and Condominium Law, Speaker, "Practical Bankruptcy Issues Affecting the Use, Sale or Lease of Real Property Included in a Bankruptcy Estate," October 2010
 
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The Florida Bar, Basic Commercial Litigation, Speaker, "Bankruptcy Law Issues," November 2009
 
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Daily Business Review, Author, "Supreme Court Ruling Increases Costs of Bankruptcies," March 29, 2007
 
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National Law Journal, Author, "The Enforcement of Voting Rights in Chapter 11's," November 21, 2005
 
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56 University of Miami Law Review 601, Author, "The Treatment of Employment Discrimination Claims in Bankruptcy, Priority Status, Stay Relief, Dischargeability and Exemptions," April 2002
 
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National Law Journal, Author, "Tiptoeing Over Conflict in Bankruptcy," Jan. 7, 2002
 
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New York Law Journal, "Discharging Sexual Harassment Claims," June 22, 2000
 
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Bankruptcy Bench & Bar Newsletter, Editor, New York County Lawyers' Association, 1995-2000
 
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New York State Bar Association, Speaker, "Employment Law for Corporate Counsel and the General Practitioner," March 2000
 
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New York County Lawyers' Association, Speaker, "Significant Developments in Bankruptcy," November 1999
 
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New York County Lawyers' Association Evening Forum, Speaker, "Bankruptcy & Limited Liability Companies: Issues & Answers," April 1997
 
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Florida Bar Business Law Section Quarterly Report, Author, "Danger: Relying on Escrow Accounts After Bankruptcy," Summer 1993
 
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National Association of C.P.A's Annual Conference, Speaker, August 1992
 
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Speaker, "Creditors Problems and Pitfalls Under The Uniform Commercial Code and Bankruptcy Law," May 1992
 
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Speaker, "Basic Bankruptcy in Florida," February 1992
 
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Speaker, "Bankruptcy Practice and Procedure," January 1991
 
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Florida Bankers' Association, Consumer Lending/Bank Card Conference, Speaker, 1989 and 1990
 
Professional Memberships & Activities
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American Bar Association, Member
 
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Bankruptcy Bar Association for the Southern District of Florida, Elections Committee, Former Chair, 1992; Recent Developments in Bankruptcy Law Seminar, Co-Chair, 1991; Member
 
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The Florida Bar, Bankruptcy/Uniform Commercial Code Committee, Past Member; Assignments of Rents Subcommittee, Member
 
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The Eleventh Circuit Historical Society, Member
 
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American Heritage High School Moot Court Team, Head Coach, 2012-2013
 
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United States Bankruptcy Court for the Southern District of New York, Strategic Planning Committee, Past Member, 1998-2000
 
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New York University, New York, NY, School of Continuing and Professional Education & Teaching, Uniform Commercial Code; Business Structures; Workouts, Bankruptcies and Reorganizations; Debtor/Creditor Law, Adjunct faculty, 1995-2000
 
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New York County Lawyers' Association, Business Bankruptcy Law Committee, Past Chair, 1999-2000; Past Member, 1995-2000
 
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Benjamin N. Cardozo School of Law, New York, NY, Legal Writing for LL.M. and J.D. Programs, Adjunct Faculty, 1994-1998
 
Other Languages
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Spanish
 

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Practice
Bankruptcy & Reorganization
Education
LL.M., New York University School of Law, 2000; Labor & Employment Law
J.D., University of Miami School of Law, 1985; cum laude, University of Miami Law Review, Editor, 1984-1985
Oxford University, 1983; Summer Session, Comparative Law
B.S., University of Florida, 1982; cum laude
Bar Admissions
Florida
New York
 
 
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