Fiduciary

Why is Kluger Peretz Kaplan & Berlin So Often Selected In Fiduciary Matters?

KPKB has one of the most active fiduciary practices in Florida. Most of our cases are referred to us by other lawyers or by judicial authorities. They tell us that they refer matters to us for the following reasons:

• The extent of our experience serving as or representing receivers and trustees;
• The extent of our resources to handle even the most complex matters;
• Our business acumen;
• Our aggressive pursuit of claims;
• Our commitment to effective case management; and
• Our high standards of professionalism.

Select KPKB lawyers serve as fiduciaries in a wide variety of matters and in many cases are retained as counsel to represent the trustee or receiver. As the fiduciary or as its counsel, we marshal assets, identify and pursue tort and contract claims against third parties, and oversee distributions to creditors of the estate.

Our fiduciary work represents a significant part of the Firm’s overall practice. For example, Howard Berlin, Co-Chair of the Bankruptcy and Creditors’ Rights Group, serves as Trustee for Piper Aircraft Corporation Irrevocable Trust, a large, lengthy and complex trusteeship which has generated payment of 100% of allowed claims. Deborah Talenfeld currently serves as a member of the panel of bankruptcy trustees for the Southern District of Florida. Steve Silverman, Chair of KPKB’s Litigation Department, has been counsel to receivers and to the FDIC in failed financial institution litigations and asset recovery investigations. Alan Kluger, a founding member of the firm, was counsel to the Trustee handling the largest bank failure in the world. He also represented the Receiver of CenTrust Bank, taking over several hundred active litigation files, and instituting actions for the recovery of real estate and other assets of the bank on behalf of the government.

KPKB’s fiduciary practice has a history of successful working relationships with accounting, financial, forensic, and operational consultants. For example, we have retained the services of outside experts and consultants such as Barbee & Associates, Rachlin Cohen & Holtz, LLP, Kaufman Rossin & Co. P.A., Berger Epstein & Garber, P.A, and 21st Century Consultants, Inc. among others. Another important component of our success is our ability to work with investigatory agencies such as the SEC, FBI, and state and local authorities. We understand the role and importance of restitution and work collaboratively with investigators.

Case Studies

• Creative Liquidation in World’s Largest Bank Failure Wins Land for Med Center
  A vacant parcel of disputed land in a record-setting bank failure liquidation ends up becoming a community medical center.
• Creditors Rebuffed By U.S. Courts, Aerolineas Argentina Keeps Aloft
  International airline keeps flying by gaining a nationwide injunction through a rare legal proceeding.
• KPKB Helps Recover $493 Million For Resolution Trust Corporation
  Recovery of assets in the then-largest South Florida savings and loan failure, CenTrust Bank.
• KPKB Rescues Piper Aircraft
  Reorganization of aircraft manufacturer results in a profitable new company and satisfies creditors.
• KPKB Saves Homeowners’ Deposits In Biscayne Builders Bankruptcy
  Pre-construction deposits in bankruptcy liquidation of home builder saved.
• Lawyers Find Sunken Treasure, Send Company President Up the River In First Capital Services Bankruptcy
  Hidden assets uncovered in bankruptcy and restitution won for small investors whose money had been looted.