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AV® Preeminent™ 5.0 out of 5 By Martindale Hubbell Education Ms. Talarchyk has represented Chapter 11 debtors (public and nonpublic), secured creditors, unsecured creditors, adversary litigants and trustees in bankruptcy litigation. She has represented debtors and creditors in complex commercial Chapter 11 cases in diverse industries such as toy industry, cruise lines, electronic components, telecommunications, automotive, office products, horse racing and breeding, retail, real estate, consumer lending, food service, nursing facilities, not-for-profit hospitals, hotel and other hospitality-related industries. Ms. Talarchyk has handled all aspects of Chapter 11 proceedings from prebankruptcy planning through plan confirmation to post-confirmation matters. Ms. Talarchyk has represented national and regional banks and financial institutions as litigants and in all types of workouts, both in and out of court. These representations have included toy and electronic manufacturing facilities (with real, personal and intellectual property) and distribution centers. Ms. Talarchyk has represented estates and buyers in 11 U.S.C. § 363 sales of bankruptcy assets free and clear of lien and encumbrances. Ms. Talarchyk has extensive experience in real estate bankruptcies, having represented lenders, developers and lien holders. She has represented numerous franchisees in connection with franchise bankruptcies addressing issues including, but not limited to, enforceability of arbitration agreements, covenants not to compete, the rejection of franchise agreements, assumption and assignment of franchise agreements, franchise agreements and associated leases on a single contract theory, and issues arising under equipment leases as to lease or sales. Ms. Talarchyk has represented clients and appeared before all of the State Courts of Florida, Florida Courts of Appeal, Florida District Courts and the Eleventh of the Turnaround Management Association. Ms. Talarchyk is a co-editor of “Representing Children in Child Protection Proceedings, Florida Proceedings and Law,” published by Yale University Press in 1997, and “Restatement of Contracts” and “Restatement of Torts,” published by the American Law Institute. For seven years, she was the co-editor of Florida Bankruptcy Casenote Reporter. Ms. Talarchyk served judicial clerkships to The Honorable Jack Musselman, The Honorable Barbara Bridge and The Honorable Geoffrey Cohen, Seventeenth Judicial Circuit of Florida, and to The Honorable Bobby Gunther, Fourth District Court of Appeals, Florida. In 2007, Ms. Talarchyk was invited to be a Fellow of the Litigation Counsel of America, a trial lawyer honorary society recognizing excellence for litigation and trial counsel. Representative Experience ® Representing the joint provisional liquidators of a bankrupt securities brokerage firm in charging its former director and manager with unjust enrichment and breach of fiduciary duties. Efforts included obtaining a restraining order related to a vintage automobile the brokerage firm had purchased for the director/manager, barring him or anyone else from taking the car outside the court’s jurisdiction. ® Representing the following secured creditors and financial institutions: ® Representing the following Debtors: All American Semiconductor, Inc. et al.; Mercedes Homes, Inc., et al.; United Petroleum (Farm Stores); Renaissance Cruises; Solopak Pharmaceuticals, Inc.; A Wizard Locksmiths, inc.; Abraham Gosman; Avteam, Inc.; and Crane Point. ® Representing corporate clients in complex commercial litigation in state and federal courts including representation of The Underwriters at Lloyd’s of London in Coleman Holdings, Inc v. Morgan Stanley & Co.Circuit Court of Appeals in complex litigation. She has appeared before the Eleventh Circuit Court of Appeals, the Third and Fourth District Courts of Appeal and the United States District Courts for the Southern District of Florida in addition to appearing before all Bankruptcy Courts in Florida, California and New Jersey. Ms. Talarchyk is a board member, past president and chair of the Pro Bono Committee for the Southern District of Florida Bankruptcy Bar Association. She is also is a memberof the Turnaround Management Association. Ms. Talarchyk is a co-editor of “Representing Children in Child Protection Proceedings, Florida Proceedings and Law,” published by Yale University Press in 1997, and “Restatement of Contracts” and “Restatement of Torts,” published by the American Law Institute. For seven years, she was the co-eMs. Talarchyk served judicial clerkships to The Honorable Jack Musselman, The Honorable Barbara Bridge and The Honorable Geoffrey Cohen, Seventeenth Judicial Circuit of Florida, and to The Honorable Bobby Gunther, Fourth District Court of Appeals, Florida. In 2007, Ms. Talarchyk was invited to be a Fellow of the Litigation Counsel of America, a trial lawyer honorary society recognizing excellence for litigation and trial counsel. ditor of Florida Bankruptcy Casenote Reporter. Professional Affiliations ® Bankruptcy Bar Association for the Southern District of Florida, 1997 to present. ® President, 2006-2007 ® Chair, Pro Bono Committee, 2006-2008.
® Member, Past President Committee, 2005-2006.
® American Bankruptcy Institute, 2001 to present. ® American Bar Association, 2000 to present. ® Florida Association for Women Lawyers, 1989 to present.
® National Association of Counsel for Children, 1990 to present.
® Palm Beach County Bar, 1989 to present.
® Member, Client Relations and Grievance Committee (2007-2009); ® Chair 2010-2012. ® The Florida Bar, 1989 to present. ® Federal Court Practices Committee. |
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