Overview
He is fantastic, conscious of the big picture and early on he is able to figure out a successful resolution strategy.
- Chambers USA 2020
Eric Silver is a Shareholder in the Business Restructuring department and a member of the Firm's Board of Directors. He handles complex commercial restructuring and related litigation matters in both federal and state courts. He regularly represents court appointed fiduciaries, secured and unsecured creditors, and purchasers of distressed assets. Prior to joining the firm in 2010, Eric served as a law clerk to the Honorable Robert A. Mark in the United States Bankruptcy Court for the Southern District of Florida. Eric earned his J.D., magna cum laude, from the University of Miami School of Law, jointly with his M.B.A. from the School of Business Administration.
Representative Experience
- General counsel to court appointed fiduciary and liquidating trustee in chapter 11 case styled In re Bal Harbour Quarzo, LLC, Case No. 18-11793 (Bankr. S.D. Fla.) (Fort Lauderdale Div.). Investigated fraudulent conduct of pre-bankruptcy management, including cooperating with office of the U.S. Attorney. Proponent of liquidating chapter 11 plan that confirmed with 100% support of creditor constituency. Assisted in recovering over $16 million in litigation claims from prepetition professionals and fraudulent transfer recipients. Assisting trustee in claims reconciliation process.
- Court appointed receiver for operating, mixed-use, low income housing project in Palm Beach County, Florida in case styled Chehebar v. Matsas, et al., Case No. 18-1092, (15th Jud. Cir. Palm Beach Cnty., Fla.). Rightsized operations for ultimate disposition resulting in payment of all claims and significant distributions to equity.
- Counsel to directors and officers in breach of fiduciary duty and related claims stemming from insolvency proceedings including those styled In re EXCO Resources, Inc., et al., Case No. 18-30155 (Bankr. S.D. Tex.) (Houston Div.), In re VG Liquidation, Ltd., Case No. 18-11120-BLS (Bankr. D. Del.), In re T3M, Inc., Case No. 17-14082 (Bankr. C.D. Cal.) (Riverside Div.), In re Fansteel Foundry Corp., Case No. 16-01825-als11 (Bankr. S.D. Iowa), In re Superior Linen, LLC, Case No. 16-15388 (Bankr. D. Nev.) (Las Vegas Div.), In re Connect Transport, LLC, et al., Case No. 16-33971-7 (Bankr. N.D. Tex) (Dallas Div.), In re Lifestyle Lift Holding, Inc., et al., Case No. 15-44839-mlo (Bankr. E.D. Mich.) (Southern Div.), In re Cereplast, Inc., Case No. 14-90200-BHL (Bankr. S.D. Ind.) (New Albany Div.), and In re Green Field Energy Services, Inc., et al., Case No. 13-12783-KG (Bankr. D. Del.).
- Counsel to court appointed receivers in both federal and state courts charged with operating and winding down of various businesses, including luxury condominium developments, hotels, skilled nursing facility, nightclubs, dental offices, restaurants and retail. Representation includes the sale of assets, investigation of financial affairs, prosecution of litigation claims against third parties for the benefit of the receivership estates’ constituents, reconciliation of claims, reporting to the appointing court, and making of distributions.
- Counsel to insurer in claims brought against directors and officers and corporate debtors stemming from the Northern California wildfires and related chapter 11 bankruptcy cases styled In re PG&E Corporation, et al., Case No. 19-30088 (DM) (Bankr. N.D. Cal.) (San Francisco Div.).
- Counsel to foreign representative in successful chapter 15 petition for order of recognition of foreign insolvency proceeding in case styled In re Leo Rautins, Case No. 19-26188-MAM (Bankr. S.D. Fla.) (West Palm Beach Div.).
- Counsel to purchaser of export division of window and related hardware business from chapter 11 debtor in case styled In re Sunex International, Inc., Case No. 19-14372-PGH (Bankr. S.D. Fla.) (Fort Lauderdale Div.).
- Counsel to non-profit, secured creditor in chapter 11 bankruptcy case of non-profit organization holding logging, conservation and mineral concessions in the Democratic Republic Congo in case styled In re People Helping Each Other Inc., Case No. 19-15873-LMI (Bankr. S.D. Fla.) (Miami Div.).
- Counsel to judgment creditor in chapter 7 bankruptcy case of judgment debtor successfully obtained judgment excepting debt from discharge and successfully asserted equitable lien on homestead property in case styled In re Jaime de Jesus Gonzalez, Case No. 18-20002-SMG (Bankr. S.D. Fla.) (Fort Lauderdale Div.).
- Counsel to telecommunications company in chapter 11 bankruptcy case including successful contest of treatment of adequate assurance of payment under Section 366 of the Bankruptcy Code, and cure claim under Section 365 of the Bankruptcy Code in case styled In re Dataconnex, LLC, Case No. 18-1069-CPM (Bankr. M.D. Fla.) (Tampa Div.).
- Counsel to bankruptcy trustee in complex liquidation of real estate holdings and collectable firearms and ammunition, resulting in substantial distribution to creditors in case styled In re Dossul, Case No. 15-31443-AJC (Bankr. S.D. Fla.) (Miami Div.).
- Counsel to bankruptcy trustee in liquidation of firearms and ammunition retailer in case styled In re National Gun Inc., Case No. 17-17569-AJC (Bankr. S.D. Fla.) (Miami Div.).
- Counsel to chapter 11 trustee in the operation and $17 million sale of a 147-room beachside hotel in case styled In re Ocean 4660, LLC, Case No. 13-23165-JKO (Bankr. S.D. Fla.) (Fort Lauderdale Div.).
- Counsel to bankruptcy trustee in complex liquidation of various real estate holdings over objections of parties involved in decade long litigation between probate estate and its beneficiaries and professionals in case styled In re LoCascio, Case No. 13-18554-RAM (Bankr. S.D. Fla.) (Miami Div.).
- Counsel to bankruptcy trustee in investigation and liquidation of fraudulently concealed assets including marine vessel, vehicle, equity interests and cash resulting in 100% distribution to creditors in case styled In re Lista, Case No. 13-22662-AJC (Bankr. S.D. Fla.) (Miami Div.).
- Counsel to ownership group in ownership dispute and related matters in involuntary chapter 11 bankruptcy cases and appeals to United States District Court for the Southern District of Florida and Eleventh Circuit Court of Appeals in cases styled In re Fisher Island Investments, Inc., Case No. 11-17047-AJC (Bankr. S.D. Fla.) (Miami Div.), In re Mutual Benefits Offshore Fund, Ltd., Case No. 11-17051-AJC (Bankr. S.D. Fla.) (Miami Div.), and In re Little Rest Twelve, Inc., Case No. 11-17061-AJC (Bankr. S.D. Fla.) (Miami Div.).
- Counsel to stalking horse bidder for membership interests in limited liability company that owned multimillion dollar commercial real estate development in case styled In re Kaye, Case No. 14-40560 (Bankr. N.D. Fla.) (Tallahassee Div.).
- Counsel to bankruptcy trustee in investigation and prosecution of litigation claims resulting from diminution of millions of dollars in real property and personal property in cross-border insolvency case styled In re Edelsten, Case No. 14-19613-JKO (Bankr. S.D. Fla.) (Fort Lauderdale Div.).
- Counsel to bankruptcy trustee in liquidation of defunct wholesale distributor of auto parts in case styled In re Martin Racing Performance, Inc., Case No. 14-23733-LMI (Bankr. S.D. Fla.) (Miami Div.).
- Counsel to bankruptcy trustee in successful resolution of trustee’s objection to debtor’s claim of million dollar homestead exemption in cases styled In re Nelson, Case No. 14-22780-RAM (Bankr. S.D. Fla.) (Miami Div.) and In re Bryan, Case No. 14-15171-LMI (Bankr. S.D. Fla.) (Miami Div.).
- Counsel to bankruptcy trustee in investigation and liquidation of million dollar real property obtained through fraudulent means in case styled In re Guerra, Case No. 14-10160-RAM (Bankr. S.D. Fla.) (Miami Div.).
- Counsel to creditor with security interest in intellectual property regarding biofuel production in case styled In re Initio Fuels, LLC, Case No. 6:13-bk-08879-CCJ (Bankr. M.D. Fla.) (Orlando Div.).
- Counsel to equipment leasing company in cloud technology case styled In re Savtira Corporation, Case No. 8:12-bk-06471-CPM (Bankr. M.D. Fla.) (Tampa Div.).
- Counsel to secured creditor holding in excess of $4 million in chapter 11 case styled In re Spaxon Corp II, Case No. 11-40613-JKO (Bankr. S.D. Fla.) (Fort Lauderdale Div.) and in negotiation of out of court workout.
- Counsel to seller in sale of $1.4 million loan secured by real and personal property, including membership interests in LLC’s holding FCC radio broadcasting licenses.
Judicial Clerkships
- Law Clerk, Honorable Robert A. Mark, United States Bankruptcy Court for the Southern District of Florida
Professional & Community Involvement
- Bankruptcy Bar Association of the Southern District of Florida
- President, 2020-2021
- President Elect, 2019-2020
- First Vice President, 2018-2019
- Pro Bono Committee, Miami Chair, 2016-2019
- Board Member/Director, 2012-2018
- FLSB Pro Bono Committee, Vice Chair, 2018
- FLSB Bankruptcy Lawyers Advisory Committee, Pro Bono Committee Liaison, 2018-2019
- American Bankruptcy Institute
- The Florida Bar, Business Law Section
- Mount Sinai’s Young Presidents Club
Recognition
- Chambers USA, Bankruptcy/Restructuring (South Florida), 2016-Present
- The Best Lawyers in America®, 2021-Present
- 40 Under 40 Honoree, American Bankruptcy Institute, 2021
- 40 Under 40 Honoree, South Florida Business Journal, 2021
- International Financial Law Review 1000 (IFLR1000), Highly Regarded – Florida, Restructuring and Insolvency, 2018-Present
- Florida Super Lawyers, 2024-Present
- Rising Stars, 2013-2018
- Pro Bono Honor Roll, United States District & Bankruptcy Courts of the Southern District of Florida, 2016-Present
- Bankruptcy Bar Association
- Annual Involvement Award, 2012
- Distinguished Service Award, 2011
Publications & Presentations
Events:
Business: Have It Your Way: Choosing from Among Chapter 11, ABCs and Receiverships
American Bankruptcy Institute|August 2024
Events:
Part 3: Plan Formulation and Confirmation
Bankruptcy Bar Association|April 2022
Events:
Nuts & Bolts of Chapter 11 Practice
American Bankruptcy Institute|March 2022
Events:
Part 2: Filing Chapter 11: Critical Events at Case Commencement
Bankruptcy Bar Association|February 2022
Events:
CLE – Demystifying Bankruptcy Pro Bono
Bankruptcy Bar Association|October 2021
Events:
2020 Southeast Virtual Bankruptcy Workshop: Valuation Testimony
2020 Southeast Virtual Bankruptcy Workshop|July 2020
Events:
Cutting Edge Issues – Case Law Update: College Tuition Avoidance, Medical Payments for Means Test, New Sub Chapter 5 on Small Businesses, Trustee Issues & More
Strategies in Bankruptcy Court for Newbies and Pros Seminar|January 2020
Events:
Moderator, Chapter 7 Practice
Bankruptcy Skills Workshop, University of Miami School of Law|June 2019
Newsroom
Firm Announcements:
35 Stearns Weaver Miller Lawyers and 11 Practice Areas Ranked In Chambers USA 2024
June 2024
In the Media:
Miami-Dade logistics company with 83 trucks files Chapter 11
South Florida Business Journal|October 2023
Firm Announcements:
29 Stearns Weaver Miller Lawyers in 11 Practice Areas Ranked In Chambers USA 2023
June 2023
Firm Announcements:
28 Stearns Weaver Miller Lawyers in 12 Practice Areas Ranked In Chambers USA 2022
June 2022
In the Media:
ABI Announces 2021 "40 under 40" Emerging Leaders in Insolvency Practice
American Bankruptcy Institute |October 2021
Firm Announcements:
29 Stearns Weaver Miller Lawyers in 12 Practice Areas Ranked In Chambers USA 2021
May 2021
Firm Announcements:
Stearns Weaver Miller Attorneys Recognized in Thirtieth Edition of International Financial Law Review 1000 (IFLR1000)
October 2020
Firm Announcements:
Eric Silver Elected President of the Bankruptcy Bar Association of the Southern District of Florida
July 2020