Genovese Joblove & Battista PA

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Genovese Joblove & Battista PA

Banking & Finance, Bankruptcy, Corporate, Credit & Debt, Employment

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Brigette McGrath

Bankruptcy, Corporate, Business Organization, Estate Planning

Brigette McGrath practices in the area of bankruptcy and commercial litigation. She also has experience in trust and estates and corporate transaction... (more)

Carlos E. Sardi

Bankruptcy, Corporate, Credit & Debt, Reorganization

Carlos E. Sardi practices in the areas of bankruptcy, commercial litigation, creditors' rights, insolvency, reorganization and restructuring. Mr. Sard... (more)

Carmen D. Contreras-Martinez

Corporate, Complex Litigation

Carmen D. Contreras-Martinez concentrates her practice in complex commercial litigation. Prior to joining the firm, Ms. Contreras-Martinez was involve... (more)

Catherine Van Horn

Communication & Media Law, Copyright, Freedom of Speech, Intellectual Property

Catherine A. Van Horn practices in the area of commercial litigation, media/first amendment law and intellectual property law, including trademark and... (more)

David C. Cimo

Bankruptcy, Corporate, Credit & Debt, Reorganization

David C. Cimo specializes in all aspects of commercial litigation, creditors' rights, restructuring and bankruptcy. He represents various clients in c... (more)

Derrick A. Dyer

Bankruptcy, Bankruptcy Litigation, Corporate, Business Organization

Derrick A. Dyer practices in the areas of bankruptcy litigation, complex commercial litigation, bankruptcy, insolvency, directors and officers liabili... (more)

Frank Massabki

Criminal

Mr. Frank Massabki concentrates his practice primarily on complex civil and criminal litigation in both federal and state court.  His commercial ... (more)

Jesus Suarez

Bankruptcy

Jesus M. Suarez practices in the area of bankruptcy. Prior to joining the firm, Mr. Suarez served as a staff member and law clerk to the Florida House... (more)

Jorge L. Martinez

Construction, Litigation, Franchising, Business Organization

Jorge L. Martinez practices in the area of general commercial litigation, including franchise litigation. Prior to joining the firm, Mr. Martinez was ... (more)

Marty Keane

Business Organization, Employment, Franchising, Litigation

Marty Keane specializes in franchise and general commercial litigation as well as employment law. As a member of the Firm's franchise litigation pract... (more)

Michael Schuster

Bankruptcy

Michael L. Schuster concentrates his practice on bankruptcy. Prior to joining the firm, Mr. Schuster was an associate at Kluger, Perez, Kaplan & Berli... (more)

Monique D. Hayes

Bankruptcy

Monique D. Hayes practices in the area of bankruptcy. Prior to joining the firm, Ms. Hayes served as law clerk to U.S. Bankruptcy Judge Laurel Myerson... (more)

Stephanie E. Farrell

Complex Litigation, Lawsuit & Dispute, Employment, Corporate

Stephanie E. Farrell focuses her practice in the areas of employment law and complex commercial litigation. Ms. Farrell has litigated a wide variety o... (more)

W. Barry Blum

Corporate, Franchising

W. Barry Blum focuses his practice on business litigation, with an emphasis in franchise matters. He also is a certified mediator with expertise in co... (more)

Aaron S. Blynn

Lawsuit & Dispute, Trademark, Intellectual Property, Employment

Aaron S. Blynn practices in the area of commercial litigation, employment law and franchise law.  He also has experience in intellectual property... (more)

Allison R. Day

Bankruptcy, Credit & Debt, Reorganization, Business

Allison R. Day, a shareholder of Genovese Joblove & Battista, P.A., specializes in all areas of bankruptcy, business reorganization, and creditors' ri... (more)

Glenn D. Moses

Bankruptcy, Corporate, Credit & Debt, Reorganization

Glenn D. Moses concentrates his practice in the areas of complex commercial bankruptcy, business reorganization, creditors' rights and commercial liti... (more)

Gregory M. Garno

Banking & Finance, Bankruptcy, Corporate, Complex Litigation

Gregory Garno practices in the areas of complex commercial litigation, banking litigation, creditors' rights, and bankruptcy. He represents major fina... (more)

Heather L. Harmon

Bankruptcy, Litigation, Civil Rights

Heather L. Harmon practices in the areas of bankruptcy and insolvency. Her practice includes representation of Chapter 11 debtors-in-possession, bankr... (more)

Jessica Serell Erenbaum

Complex Litigation, Corporate, Business Organization, Banking & Finance

Jessica Serell Erenbaum practices in the areas of commercial litigation and transactional matters, with an emphasis on real estate and franchising. Sh... (more)

John H. Genovese

Bankruptcy, Corporate, Complex Litigation, Insurance

John H. Genovese is head of the firm's reorganization and insolvency practice. His areas of proficiency and practice include troubled loan workouts, b... (more)

Jonathan E. Perlman

Employment, Securities, Franchising, Business

Jonathan E. Perlman, is a noted franchise and securities litigation attorney. Mr. Perlman counsels a number of national and international franchisors,... (more)

Melanie S. Cherdack

Arbitration, Lawsuit & Dispute, Securities, Business

Melanie S. Cherdack has over 22 years experience as a securities litigator. Prior to joining the Firm, she was Assistant General Counsel to PaineWebbe... (more)

Michael D. Joblove

Employment Discrimination, Constitutional Law, Franchising, Business Organization

Michael D. Joblove leads the firm's commercial litigation practice, which focuses on franchise, real estate, employment and securities litigation. In ... (more)

Nina Greene

Business Organization, Franchising, Litigation, Medical Products & Devices

Nina Greene specializes in franchise, trademark and general commercial litigation. As a member of the Firm's franchise litigation practice, Ms. Greene... (more)

Paul J. Battista

Bankruptcy, Bankruptcy Litigation, Corporate, Reorganization

Paul J. Battista specializes in all areas of complex commercial bankruptcy, restructuring and insolvency matters, including related bankruptcy litigat... (more)

Peter W. Bellas

Construction, Complex Litigation, Constitutional Law, Corporate

Peter W. Bellas is a trial and appellate attorney whose practice focuses on complex commercial litigation, business torts, securities fraud, construct... (more)

Richard J. Sarafan

Bankruptcy, Corporate, Business Organization, Litigation

Richard J. Sarafan concentrates his practice in the areas of complex commercial, corporate, bankruptcy and real property litigation as well as local g... (more)

Insurance, International, Litigation, Trademark, White Collar Crime

The Law Office of Russell A. Cohen, P.A.

Criminal, DUI-DWI, Divorce & Family Law, Family Law, Divorce

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Law Offices of Frank L. Hollander

Litigation, Deceptive Trade Practices, Estate Administration, Trusts, Contract

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Lipcon, Margulies, Alsina, & Winkelman, P.A.

Admiralty & Maritime, Personal Injury, Class Action, Federal Trial Practice, Aviation Accident

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GPI Law PLLC

Immigration, Business

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Milosevic Law P.A.

Immigration, Lawsuit & Dispute

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Erick Slootsky Miami South Florida Law Group

Business, Real Estate, Defamation & Slander, Pension & Benefits

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Derek Smith Law Group, PLLC

Employment Discrimination, Sexual Harassment, Discrimination, Family Medical Leave Act (FMLA), Whistleblower

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Arce Immigration Law, P.A.

Immigration, Visa, Deportation

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TRAILBLAZER

Intellectual Property

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Title Company of Florida

Collection, Real Estate, Trusts

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Solomon & Furshman LLP

Real Estate, Banking & Finance, Immigration, Bankruptcy & Debt, Estate Planning

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ALG Association Law Group

Collection, Real Estate Other, Condominiums, Commercial Real Estate

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Antonio G. Hernandez, P.A.

Real Estate, Business, Accident & Injury, Divorce & Family Law, State Appellate Practice

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Alexander + Somodevilla, PLLC

Bankruptcy & Debt, Bankruptcy, Reorganization, Bankruptcy Litigation, Dissolution

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Pathman Lewis, LLP

Real Estate, Business, Lawsuit & Dispute

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LAW OFFICE OF E. PHILIP GREEN, P.A.

Divorce & Family Law, Real Estate, Commercial Real Estate, Contract, Family Law

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Chalik & Chalik Law Office

Accident & Injury, Car Accident, Personal Injury, Products Liability, Medical Malpractice

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Tamayo Law, PA

DUI-DWI, Criminal, Car Accident, Personal Injury, Immigration

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Law Offices of Frank L. Hollander

Deceptive Trade Practices, Warranties, Property Damage, Estate

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Needle & Ellenberg, P.A.

Accident & Injury, Wrongful Death, Medical Malpractice

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Genovese Joblove & Battista PA
Bank of America Tower, International Place,100 Southeast Second Street,44th Floor,Suite 4400
Miami, FL 33131
25.765482,-80.188406

MAIN LOCATION

Bank of America Tower, International Place,100 Southeast Second Street,44th Floor,Suite 4400
Miami, FL 33131

Recent Legal Articles

When May a Debtor in Possession (DIP) Sell or Lease Property of the Estate? a Dualistic Approach Requiring Business Justification and Balancing of the Interests of the Debtor, Creditors, and Equity Ho
in response to a $140 million judgment Hulk Hogan, known legally as Terrence Bollea, obtained against, inter alia, Gawker Media, LLC (“Gawker”) and its founder and erstwhile CEO Nicholas G.A. Denton in connection with Mr. Bollea’s allegations that Gawker damaged him by publicizing a video depicting Mr. Bollea and the wife of his friend engaged in sexual intercourse, Mr. Denton filed a chapter 11 bankruptcy case seeking to discharge his personal obligations arising from the judgment and other debts. See In re Nicholas G.A. Denton, Case No. 16-12239 (Bankr. S.D.N.Y.).
Equitable Subordination
bankruptcy courts are special courts. They are neither Article III courts (Northern Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982)) nor their adjuncts (Stern v. Marshall, 564 U.S. 462 (2011)), but nonetheless have inherent powers (Law v. Siegel, 134 S. Ct. 1188, 1194, 571 U.S. __ (2014)) and—pursuant to 11 U.S.C. § 105—certain equitable powers. This means that they have broad powers to order equitable remedies—such as specific performance—where no adequate remedy at law exists, to the extent not inconsistent with any other provisions of the Bankruptcy Code. See Law v. Siegel, 134 S. Ct. at 1194, 571 U.S. at __. This is the backdrop against which inequitable conduct by a creditor may lead to subordination of its claim in a bankruptcy proceeding under established, codified, equitable principles. Subordination means that a claim, by judicial decree, is lowered, in whole or part, in priority relative to its ordinary position in respect of one or more other claims.
How to Avoid Liens on Your House in Bankruptcy
this article discusses Minnesota law relating to the removal (“discharge”) of judgments following a judgment debtor’s bankruptcy.
Chapter 13 Advantages: The Art of the (Chapter 13) Plan
done properly, chapter 13 provides certain above-median wage earners—and others with special considerations, often relating to a mortgage—with debt relief.
Taxability of Discharged Debts: Advantages and Consequences of Bankruptcy
the Internal Revenue Code ("I.R.C." or the "Code") broadly defines gross income as "all income from whatever source derived, including . . . [i]ncome from discharge of indebtedness" I.R.C. § 61(a)(12). Although the I.R.C. does not define "discharge," this has long been understood to include the taxpayer's release from a monetary obligation such as debt forgiveness or by way of a discharge in a bankruptcy case.
Redeeming Personal Property in a Chapter 7 Case
many debtors—and a few attorneys—are unaware that the Bankruptcy Code provides a way for debtors in a chapter 7 case to "redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted [by the debtor] . . . or has been abandoned . . . [by the trustee], by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien in full at the time of redemption." 11 U.S.C. § 722. There is quite a bit to unpack here, but at bottom, almost any non-commercial physical personal property subject to a security interest can be exempted and redeemed in a chapter 7 case.
Roommates, Bankruptcy, & the Means Test
debtors are often pleasantly surprised to learn that, in Minnesota, roommates generally count toward their household size for purposes of the means test, permitting certain debtors who would otherwise fail the means test, and thus not qualify for a chapter 7 case (permitting almost immediate discharge of all debts, not otherwise dischargeable, without any repayment required, as with a chapter 13 case), to qualify.
A Word About the Effect of Prior Bankruptcy Filings
bankruptcy counsel frequently field questions from debtors who’ve previously filed bankruptcy. Sometimes this involves a prior case completed years ago, but more often it involves a debtor who has filed a recent case that was dismissed—often in connection with a chapter 13 case by reason of failure to confirm a plan or to make plan payments.
How a Good Lawyer Saves You Money (Despite Nominally Higher Fees)
choosing the right attorney for your chapter 7 or chapter 13 case can ultimately save you money, even by comparison to filing pro se (without counsel). In many cases, this means selecting the right chapter under which to file your case. There are certain advantages uniquely associated with chapter 7 or chapter 13 (the most common) proceedings.
Who is Responsible for My Injuries on a Cruise Ship?
a victim of a cruise ship injury caused by negligence may be eligible to file a claim against the cruise company. However, not all damages qualify as recoverable in the courtroom if a judge determines the cruise line is not responsible. Therefore, your California personal injury lawyer must prove that staff or conditions negligently caused your accident.
Property Owner Responsibility for Premises Liability in California
premises liability is a legal practice of personal injury law. It typically involves a person injured by unsafe conditions on another’s property. As such, courts may base a personal injury case on the contributory negligence of the property owner. Winning a premises liability case against an owner is challenging. It is a type of situation that involves proving that the property owner was irresponsible concerning ownership or maintenance of the property. Speaking with a California premises liability attorney can help you devise specific strategies related to your case.
How to File a Worker's Comp Claim in California
if you have suffered an injury at work in California, you could be eligible for benefits offered by California's Workers Compensation Act. If you are an eligible employee with a job-related illness or injury, California law requires your employer to pay for medical treatment and wage loss during recovery.
Can a Pedestrian be at Fault for a Car Accident in California?
pedestrian accidents in California can cause catastrophic car accident injuries and even death. Distracted, negligent driving is often the cause of pedestrian accidents in spite of traffic signals and crosswalks. Pedestrians may find themselves in the hospital when encountering drivers who are not watching the road.
How to File a Construction Accident Claim in California
construction work is a hazardous occupation, making site accidents a frequent occurrence. It is a highly regulated industry that has safety training requirements, regulations, and other procedures designed to prevent injuries to construction workers. No matter how many rules OSHA puts into place, a construction site is unpredictable.
Does Los Angeles Traffic Result in More Aggressive Drivers?
los Angeles and the rest of Southern California are well-known for traffic problems. In fact, a 2018 article published by Business Insider ranked L.A. as the worst city in the country for traffic congestion, with drivers spending an average of 102 hours stuck in traffic every year. With that said, as a resident, you probably do not need statistics to tell you that driving in Los Angeles and the surrounding areas can be extremely frustrating.
Riverside Transit Rear End Bus Accident Impacts Multiple Drivers
a recent bus accident in Riverside resulted in a fiery crash that proved fatal for one of the motorists involved. While police continue to investigate the underlying causes of the accident, failure on the part of the bus driver to stop for congested morning traffic is to blame for a pile up that involved multiple other vehicles. These cases can be confusing and you may find it helpful to consult with a Riverside bus accident lawyer.
Why Pay For A Lawyer?
scroll to the section with the title above to read about the importance of having your own, personal, private attorney versus being represented by the Public Defender.
To Bail or Not to Bail?
scroll to the article section titled "To Bail or Not to Bail" for more information regarding the bail and arrest process.
Theft Crimes
scroll to the section of the page titled "Theft Crimes" to read about how prosecutors have been overcharging for theft crimes.
Drug and DUI Charges - How to Proceed
scroll to the Drug & DUI section of the page for more information on how to proceed after a DUI charge and why having a lawyer is important.