BUDDY D. FORD, P.A.SUCCESSFUL CHAPTER 11 REORGANIZATIONFOR NATIONWIDE TRUCKING COMPANY On August 26, 2020, Buddy D. Ford, Esq. and Jonathan A. Semach, Esq. of the Law Offices of Buddy D. Ford, P.A. confirmed a Chapter 11 Plan of Reorganization in the Middle District of Florida, Tampa Division Bankruptcy Court for a large, nationwide trucking company with several locations. The reorganization afforded the company the opportunity to continue to operate its business. Heather M. Reel, Esq. also performed substantive services in the case. Filed in July, 2019, this case was complex, with a multitude of challenges. The company’s creditors, most of which had secured interests in over 265 tractors and trailers and other equipment, were owed approximately $48,000,000.00 in secured debt. There was over $13,000,000.00 in unsecured debt. A “pot plan” of $150,000 was confirmed, meaning that the general unsecured creditors will be paid a pro-rata amount of the “pot.” This is just over 1% of the unsecured debt, a stellar outcome. A Chapter 11 Reorganization was necessary due to the downturn in the economy a few years ago, purchase of equipment found to be defective, and expiration of a line of credit. The reorganization and securing of post-confirmation financing will allow the company to successfully emerge from the Chapter 11 Bankruptcy and continue to operate. Its employees and subcontractors will continue to work. The company has approximately $16 million in annual revenue. The attorneys negotiated with creditors, had a plan of reorganization successfully confirmed, and gave the company’s officers insight on moving the reorganized business forward. The successful reorganization saved not only the company, but future income for over 160 families, plus a lot of independent subcontractor haulers., 2020
European American Resources, Inc. v. Martin Sportschuetz et al., 2004, Las Vegas District Court, CV-S-01-0128-KJD-PAL
Naturally Beautiful Nails v. Wal-Mart, 8:98-ap-727
BUDDY D. FORD, P.A. MANEUVERS STATEWIDE TRUCKING COMPANY TO SUCCESSFUL CONFIRMATION IN CHAPTER 11 REORGANIZATION On January 23, 2019, Buddy D. Ford, Esq. and Jonathan A. Semach, Esq. of the Law Offices of Buddy D. Ford, P.A. confirmed a Chapter 11 Plan of Reorganization in the Middle District of Florida, Tampa Division Bankruptcy Court for a large, statewide trucking company with several locations. The reorganization afforded the company the opportunity to continue to operate its business. Filed in March, 2018, this case was complex, with a multitude of challenges. The company’s creditors, most of which had secured interests in over 200 tractors and trailers and other equipment, were owed approximately $14,000,000.00 in secured debt. There was over $8,000,000.00 in unsecured debt. Due to the downturn in the economy a few years ago, a Chapter 11 was necessitated. The reorganization allowed the company to successfully emerge from the Chapter 11 Bankruptcy and continue to operate. Their 200 employees will continue to work. The company has approximately $20 million in annual revenue. The attorneys negotiated with creditors, clawed back monies paid to funding companies, and gave the company’s officers insight on moving the reorganized business forward. The successful reorganization saved not only the company, but future income for over 200 families., 2019
What Success Looks Like in a Small Chapter 11:Cruising with a New ProductAs published in Court Connection, Volume No. 9 – Issue No. 1, January 2020 Cruising Guide Publications, Inc. (“CGP”) is a long-standing, family-owned publisher of guidebooks to the Caribbean, targeted to the cruising sailor. In late 2017, the demand for guidebooks to cruise the Caribbean took a powerful hit in the form of Hurricane Irma. The devastation she caused to the Leeward Islands and the Virgin Islands led to a reduction in CGP’s sales, its accounts receivables becoming difficult to collect, and advertising revenues becoming virtually non-existent. Consequently, CGP turned to chapter 11 in 2018 to try to save its business by restructuring its secured and unsecured debt while attempting to get a guidebook back into production as the islands got back to rebuilding. And that plan worked. As Judge McEwen (the presiding judge on the case) is seen holding in the accompanying picture (*picture not posted with this reprint of this article), the 2020 Post-Irma Cruising Guide to the Virgin Islands is a reality! Its sales page on Amazon says, “This 2020 edition will mark our 38th year of assisting sailors and vacationers cruising the tropical waters of both the British and U.S. Virgin Islands.” CGP’s principals are an older couple who have worked in the business for years. No doubt they are grateful that the bankruptcy system gave them the opportunity to right their boat, so to speak. Now CGP has cruised out of bankruptcy, its final decree having been entered at the end of December. Instead of shutting down, this nearly 40-year business was saved by bankruptcy. Doesn’t this sweet small business success story make you want to hug the Bankruptcy Code? http://www.flmb.uscourts.gov/newsletter/2020/January/04-CPMWhatSuccessLooksLikeinaSmall11.pdf , 2019
Special Licenses / Certifications:
Board Certified - Business Bankruptcy Law, American Board of Certification
Pro bono / Community Service:
Provided pro-bono bankruptcy representation for Ch. 7 and 13 clients for Bay Area Legal Services, 2013
Honors:
Top Rated Bankruptcy Lawyer, Avvo, 2021
Congressional Business Commission
National Leadership Award
Florida Republican of the Year Award, NRCC
Presidential Business Commission, NRCC
Florida Businessman of the Year Award, Business Advisory Council of the National Republican Congressional Committee
Republican Senatorial Medal of Freedom
Attorney of the Year, Top 100 Registry, 2020
Top Rated Lawyer, Avvo, 2020
Top Rated Lawyer, Avvo, 2019
Excellence in Bankruptcy Law, Lawyers of Distinction, 2019
Top 100 Bankruptcy Lawyer Florida, The American Society of Legal Advocates, 2018
Excellence in Bankruptcy Law, Lawyers of Distinction, 2018
Best of Tampa Bay - Profile Series, Tampa Bay Times, 2017
Awarded the 2013 SBA Best of Business award for Tampa Bankruptcy Lawyer, Best of Business, SBA, 2013
Mr. Ford was requested to be on the legal panel to give an overview of bankruptcy relief and procedure to the hospitality industry and conduct a Q&A session with regard to same., Legal Panel, Indo US, 2013
Scholarly Lectures / Writings:
“Early Analysis of a Chapter 11 Debtor’s Prospects: Can the Dog Hunt (and can SBRA help the small business dog?)” Panel Member - Webinar 09/15/2020 (TBBBA) Judge Williamson, along with fellow panelists Buddy Ford, Amy Harris, and David Jennis will discuss factors for an early evaluation of the prospects for a successful chapter 11 reorganization, as complicated by the COVID-19 economy, and how the new small business provisions of sub-chapter V of the recently enacted and amended Small Business Reorganization Act provisions impact that analysis, or might make that lazy pooch get off the porch, 2020