Brett Marks

“My clients like that I always keep them up to date on the matters they entrust to me--and that I take a very practical approach to their matters. I can communicate with them in a non-technical way concerning the legal issues involved in their cases.”  

 --Brett Marks, Bankruptcy and Creditors’ Rights

Brett’s practice is primarily devoted to representing creditors, creditors' committees, debtors and bankruptcy trustees in all chapters of bankruptcy and out-of-court workouts.  Brett also handles legal matters for secured creditors in repossession and foreclosure actions, lender liability claims, and helps his clients generally when they or their businesses are facing litigation.

“I enjoy my profession because it’s intellectually stimulating and gives me the opportunity to meet people from all walks of life and all parts of the country.  I get a lot of personal satisfaction in getting successful results for my clients.” 

Brett was part of a team that successfully defended a preferential and fraudulent transfer action where his client was sued for in excess of $12,000,000, including the oral argument to the Eleventh Circuit Court of Appeals. He was also part a team that represented a Chapter 7 Trustee in one of the few jury trials of a preference action in the state of Florida. His client won a directed verdict at the trial level and then was subsequently affirmed by the Eleventh Circuit Court of Appeals.

From Brett’s Case Files:

Fast Results + Low Costs = Happy Client:  In a Delaware bankruptcy case, Brett successfully helped a client recover a significant distribution on an approximate $10 million construction lien claim.  “My client was happy with the result because they received a prompt resolution with minimal costs given the size of the claim.”

Need for Out-of-State Counsel Avoided:  Brett represented multiple defendants in various preference suits in a New York bankruptcy case brought by a New York Bankruptcy Trustee.  “I was able to successfully convince the Trustee to either dismiss the cases or settle the cases for litigation costs without making my clients retain local counsel in New York.”  

Education

• St. Thomas University School of Law, J.D., 1996
• University of Florida, B.A., 1991

Bar Admissions & Memberships

• Florida, 1996
• U.S. Court of Appeals, 11th Circuit, 2001
• U.S. District Court, Middle, Northern and Southern Districts of Florida, 2001

Noteworthy

• "Up and Comers," South Florida Legal Guide
• Florida Trend's Up and Coming Legal Elite, 2006

Professional Affiliations

• Dade County Bar Bankruptcy Section, Chair, 2007
• Tampa Bay Bankruptcy Bar Association
• Commercial Law League of America
• South Florida Bankruptcy Bar Association
• Dade County Bar Association, Bankruptcy Section
• American Bankruptcy Institute

Presentations & Publications

"Attorneys Fees In Bankruptcy Dischargeability Cases," Florida Bar Journal, March 1998, Co-Author

"Effect on IRA's, ERISA Plans, Florida Homestead, and Other Wealth Preservation Techniques," Bankruptcy Seminar, December 2005, lecturer

Judgment Enforcement in Florida, Lecturer, Lorman Educational Series, 2005