Florida’s New Uniform Commercial Real Estate Receivership Act (UCRERA): The Nuts and Bolts [Webinar]

Audio program! (check our CLE Programs page for live versions)

This program has been rescheduled to January 31, 2021 due to Hurricane Ian.  

Judge Lisa Walsh has joined the esteemed faculty and this promises to be a very informative program!  If you expect to have any dealings with Receiverships, you will want to attend to learn the new law as it changes quite a deal!

Recently enacted, Florida’s new Uniform Commercial Real Estate Receivership Act (UCRERA) provides a comprehensive body of law establishing procedures and guidelines governing the appointment, powers, and judicial oversight of receivers for commercial real property. It provides consistency in rulings affecting real property as well as greater predictability and efficiency for businesses and their lenders addressing real property disputes.

Prior to the enactment of UCRERA, the procedures and standards for real estate receiverships varied widely from court to court throughout the State of Florida. This includes the powers and duties of court-appointed receivers of real property and the property owners, as well as the rights of the lenders faced with such receiverships.

This program will walk you through the new Uniform Commercial Real Estate Receivership Act, from start to finish, beginning with an overview of how things worked before the act was passed. Faculty will provide an overview and background about the act, and will discuss the critical components that will govern how you help your clients under UCRERA:

  • Overview
  • Scope and Notice
  • Appointment of Receiver
  • Powers and Duties of Receiver
  • Defenses and Immunities of Receiver
  • Employment of Professionals and Fees and Costs
  • Duties of Property Owner
  • Stays and Injunctions
  • Sale Outside the Ordinary Course of Business After Judgment
  • Issues with Transfer of Title to Property Upon Sale
  • Notice of Appointment, Claims against Receivership, Distribution to Creditors
  • Misc. Provisions of Act
  • Practical Effects and Final Practice Tips

The program will conclude with a discussion about the practical effects of the act and practice tips.

A receiver is a fiduciary appointed by a court to take possession of a person’s or entity’s property and manage and preserve it during the pendency of a lawsuit, including without limitation:

(1) When the property is the subject of a lawsuit and its value must be preserved while the claims are litigated;
(2) When the property includes an operating business, to sell its assets in an orderly manner and maximize the return for its owners and/or creditors; and,
(3) When requested by a creditor, to collect, preserve, and distribute the property of an insolvent or defaulting debtor.

Can’t attend? This program will be recorded live on Tuesday, January 31, 2023. The recorded package, available in audio or video format and including seminar materials, will be available approximately two to three weeks after the live program ends.   Click the button to the right to order the Recorded Package, or register.

 

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Agenda

Florida’s New Uniform Commercial Real Estate Receivership Act (UCRERA):
The Nuts and Bolts (UCRERA)

January 31, 2023
1-Part Webinar

1:00 p.m. – 4:30 p.m. Eastern Time

 

1:00 p.m. – 1:15 p.m.
Overview

  • Pre-UCRERA Law

1:15 p.m. – 1:30 pm
Scope and Notice

1:30 p.m. – 1:50 p.m.
Appointment of Receiver

1:50 p.m. – 2:05 p.m.
Powers and Duties of Receiver

2:05 p.m. – 2:15 p.m.
Defenses and Immunities of Receiver

2:15 p.m. – 2:25 p.m.
Employment of Professionals and Fees and Costs

2:25 p.m. – 2:35 p.m.
Duties of Property Owner

2:35 p.m. – 2:45 p.m.
BREAK

2:45 p.m. – 2:55 p.m.
Stays and Injunctions

2:55 p.m.– 3:15 p.m.
Sale Outside the Ordinary Course of Business After Judgment

3:15 p.m. – 3:25 p.m.
Issues with Transfer of Title to Property Upon Sale

3:25 p.m. – 3:40 p.m.
Notice of Appointment, Claims against Receivership, Distribution to Creditors

3:40 p.m. – 3:55 p.m.
Misc. Provisions of Act

3:55 p.m. – 4:10 p.m.
Practical Effects and Final Practice Tips

4:10 p.m. – 4:30 p.m.
Final q/a

Date/Time/Location

Webinar

January 31, 2023

1:00 p.m. – 4:30 p.m. Eastern Time

We will send your login details and handout materials a few days before your program.

 

Testimonials

This is a brand new program so we do not have testimonials for it until it is held.  Check below for general testimonials about our programs.

“It’s not merely about getting in the required CLE hours. The content of the seminar I attended impressed me and sold me on your programs. It’s very easy to get the hours. Getting something of substance that is beneficial is different. I’m proud to say that this is what separates you from the competition.” – Jerry Szymanski, Esq.

“I have utilized all of the service providers that I noted in the survey and truly felt I received great service from each.  My favorite continuing legal education seminar provider, Pincus Professional Education is particularly noteworthy though.  I have attended about five Pincus seminars.  Each was phenomenally packed with useful content and had presenters/speakers of the highest skill level.  I would unhesitatingly recommend Pincus to other lawyers and am already planning my next couple of seminars with this CLE provider.”  – Quote from The Recorder’s Best of CA survey.

Faculty

Check back soon – additional Judge to be announced.

Hon. Lisa S. Walsh
Circuit Court Judge
11th Judicial Circuit of Florida, Circuit Appellate Division

Judge Lisa Walsh is a circuit court judge, currently presiding in the civil division of the 11th Judicial Circuit of Miami-Dade, Florida, and has previously served in the criminal and dependency divisions. From 2008-2011, Judge Walsh was a county court judge assigned to the civil division. Before becoming a judge, she practiced law for sixteen years, in both the trial and appellate state and federal courts, and also served as a Special Master for the City of Miami Beach. Judge Walsh received an “AV Preeminent” rating from Martindale-Hubbell and was named in Super Lawyers and Florida Trend Legal Elite.

Judge Walsh was the 2015-2016 President of the National Association of Women Judges, and served on NAWJ’s board for five years prior to assuming presidency. She was an adjunct professor of appellate advocacy at St. Thomas Law School. She has been part of the faculty and administration of Florida’s Advanced Judicial College, Florida Judicial College, and the Florida Circuit Court Conference education committee since 2008.

Prior to becoming a judge, Judge Walsh was the President of Miami-Dade Florida Association for Women Lawyers, Vice-Chair of a Florida Bar Grievance committee, a member of the Board of Directors for Legal Services of Greater Miami, where she was awarded for her commitment to equal justice, and a member of the Florida Bar Criminal Executive Council and the Appellate Rules Committee. Judge Walsh is the recipient of the 2010 Judge Alan Schwartz Judicial Excellence award by the Dade County Bar Association. She has received the “Devorah Judge” Award by the Miami Jewish Legal Society. She was named “Outstanding Women in Government & Law” by the Miami-Dade Commission for Women, received the 2015 Mattie Belle Davis Award from Miami-Dade FAWL and the Alumni Leadership Award by the University of Miami Law School. Judge Walsh has mentored for Educate Tomorrow and Big Brothers/ Big Sisters.

Judge Walsh obtained her undergraduate degree from Northwestern University and her law degree from the University of Miami School of Law.


Russell Landy, Esq.
Partner
Damian & Valori LLP

Mr. Landy focuses his practice in the areas of complex commercial litigation, business torts, contract litigation, class actions, employment litigation and counseling, real property litigation and appeals. Mr. Landy regularly represents businesses and individuals in litigation relating to complicated business disputes, injunction matters, shareholder disputes and derivative suits, and employment litigation. He has received an AV Preeminent® Rating from Martindale-Hubbell® Peer Review Ratings™.

Mr. Landy often represents clients in the defense and prosecution of class actions and collective actions.  Mr. Landy also represents Federal and State Court-appointed Receivers, Monitors, Distribution Agents, and other fiduciaries in government enforcement actions brought by the SEC, CFTC and FTC based on securities, commodities, and consumer fraud, and in related asset recovery litigation.

Mr. Landy received his law degree from the University of Miami School of Law (J.D., May 2007) and was a member of the University of Miami Business Law Review. He was awarded Honors recognition for Trial by the University of Miami School of Law Litigation Skills program. Mr. Landy received a Bachelor of Business Administration from the University of Miami in 2004. He double-majored in Marketing and Finance while serving as both the Athletic and Academic Captain of the Men’s Track and Field team.

Mr. Landy also represents several clients on a Pro Bono basis.  Mr. Landy has served as the Chair of the Business Litigation Committee of the Business Law Section of the Florida Bar, and regularly speaks on the topics of complex commercial litigation and employment litigation, investigations, and counseling.


Kenneth Dante Murena, Esq.
Partner
Damian & Valori LLP

Mr. Murena is a Federal Court-appointed Receiver, Receiver’s counsel, and business litigator with extensive experience in both Federal and State Court, at the trial and appellate levels.  He has spent most of his career representing Federal and State Court-appointed Receivers, Monitors, and other fiduciaries, as well as defrauded investors, in government enforcement actions brought by the SEC, CFTC and FTC based on securities, commodities and consumer fraud and in asset recovery litigation and class actions arising therefrom.

Mr. Murena also represents investors, who were defrauded in connection with seeking permanent residency under the federal EB-5 program, in actions against the perpetrators of the fraudulent schemes and SEC whistleblower proceedings.  In addition to representing defrauded investors, Mr. Murena represents individuals, small businesses, and public companies in litigation matters involving financial fraud, business torts, secured transactions, and real property.

In Bankruptcy Court, Mr. Murena routinely represents Trustees in bankruptcy cases and adversary proceedings and has represented a broad range of interests in Chapter 11 reorganizations and liquidations, including Liquidating Trustees, Creditors Committees, individual and corporate creditors, and corporate debtors-in-possession.  And, in Assignment for the Benefit of Creditors proceedings, Mr. Murena has significant experience serving as (i) the Assignee, tasked with operating, winding down or selling the subject company, liquidating its assets, and distributing the proceeds to creditors, (ii) counsel for the subject company, and (iii) counsel for the purchaser of the subject company or its assets.

After graduating from law school in 1998, Mr. Murena served as the Law Clerk to the Honorable Paul G. Hyman, Jr., United States Bankruptcy Judge for the Southern District of Florida.  Subsequently, he joined a prominent Miami-based law firm and focused his practice on complex commercial litigation, receiverships and bankruptcy.

Mr. Murena was admitted to the Florida Bar in 1998 and is licensed to practice in all state and federal courts in Florida and the United States Courts of Appeals for the Third and Eleventh Circuits.  Mr. Murena received his law degree from the University of Florida College of Law (J.D., 1998), where he served as the Senior Articles Editor of the Florida Law Review.  He received his undergraduate degree from the University of Florida College of Liberal Arts & Sciences (B.A., with honors, Phi Beta Kappa, 1995), graduating in the top 1% of his class.


Adina Pollan, Esq.
Member
McGlinchey Stafford PLLC

With more than 17 years of experience as a trusted counselor, Adina Pollan’s versatile practice spans every point along the corporate life cycle, from bankruptcy and commercial litigation to corporate formation, governance, and transactions. Her background spanning Big Law, boutique firms, and solo practice affords her a unique capacity to advocate for the interests of business and individual clients in a wide variety of contexts. While she has appeared in federal and state forums nationwide, the bulk of Adina’s work is focused in Florida.

Adina’s particular familiarity with the bankruptcy courts and processes (informed by her clerkship for The Hon. Jerry A. Funk of the U.S. Bankruptcy Court’s Jacksonville Division) make her an invaluable asset to clients who find themselves in financial distress. With the experience gained from years of counseling clients on both sides of the aisle, Adina represents the interests of creditors and debtors in all cases under the Bankruptcy Code, including Chapters 7, 11, 12, and 13. Adina also excels at navigating the nuances at play in adversary proceedings, including preference and fraudulent transfer actions, and contested motions as well as the related contexts of negotiations, loan restructuring workouts, receiverships, assignments for the benefit of creditors, and avoiding or pursuing collections.

As one of few attorneys with jury trial experience in the commercial litigation context, Adina has demonstrated success representing businesses and business owners alike, including high-net-worth individuals. Her representation has spanned the gamut of business disputes involving fraud, breach of contract, business ownership and business divorces, non-competes, franchising, intellectual property, and fiduciary duty matters. She has also litigated an array of real estate and leasing, landlord/tenant, landowner, and foreclosure matters, lien claims, and various employment issues.

 


 

Fees

Registration fees are per person.

Individual: $249

Group: $229 per person for 2 or more from the same company pre-registering at the same time

Government employee/Legal Aid*/Law Student/Paralegal Rate: $200

 

Your access information and course handout will be sent out a few days before the program.

 

Program materials:

Registration includes an electronic copy (.pdf) of your seminar handbook.  This will be emailed to you a few days before the program.  Be sure to check your spam folder if you don’t see it by then.  Please put info@pincusproed.com in your address book to make sure you receive your pdf of the program handbook.

* Law Student Rate is for current law students only.  Please bring your law school ID to show when you check in for the program.

** Legal Aid attorneys are those attorneys employed by Legal Aid/non-profit firms.  It does not include attorneys who have their own practice, or are employed by law firms, that volunteer their time for non-profit causes or take on pro-bono cases. It also does not include attorneys who serve on non-profit boards.

Full and partial scholarships may be available to a limited number of Legal Aid attorneys, based upon registration. Please call (877) 858-3848 to discuss or email your request to info@pincusproed.com.

CLE Credits

FL General: This program is approved for 4.0 units of general CLE credit in Florida through
June 30, 2024
FL Board Certified: This program is approved for 4.0 units of Board Certified CLE in Florida as follows: Business Litigation and Real Estate through June 30, 2024.

CA General:  This program is approved for 3.25 units of general CLE in California.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 3.25 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above. Many attorneys ask for this and are approved in other states.

$200.00$249.00 each

January 31, 2023 | Webinar

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