Roy Scott Kobert

Professional Association & Memberships

•The Florida Bar
•Business Law Section, Member
•Bankruptcy/UCC Committee
•Revisions to the Assignment of the Benefit of Creditors, Past Chair
•Inaugural Business Lawyers in the Courtroom, Steering Committee, Senior Member, 2015
•Board of Legal Specialization and Education, 2015
•Consumer and Bankruptcy Law Subcommittee, 2015
•Reviews all third-party National Accreditation applications
•Diversity & Inclusion Committee, 2015
•American Board of Certification, 2007-2011
•Bankruptcy Law Educational Series Foundation (Pro Bono, Middle District of Florida)
•Incorporator and Registered Agent
•Founding Executive Director
•Central Florida Bankruptcy Law Association, Member
•Past President, 1999

Reported Cases
• Mirabilis Ventures, INC., Bankr. M.D. Fla.; 2013 Bankr. LEXIS 2128; May 20, 2013; Chief Judge's decision in analyzing a professional fee claim applied the state court concept of accord and satisfaction by use of instrument, codified in Fla. Stat. § 673.3111.
• In re: Land Resource, LLC, et al. Debtors. 2012 Bankr. LEXIS 3027; United States Bankruptcy Court for the Middle District of Florida, Jacksonville Division Judge J. Funk; Decided: April 5, 2012. (MEININGER, Chapter 7 Trustee, Plaintiff, v. EURAM, LLC, et al., Defendants); Case established new standard of proof to prosecute claims for (i) actual and constructive fraud; (ii) fraudulent transfer under the Florida Statutes and (iii) breach of fiduciary duty since enactment of the more stringent pleading requirements codified in Rule 9(b) of the Federal Rules of Civil Procedure.
• In re: Robb & Stucky Limited, LLLP, Debtor. United States Bankruptcy Court for the Middle District of Florida, Tampa Division; 2011 Bankr. LEXIS 3302; September 7, 2011. Served as Florida Unsecured Creditor Committee Counsel for the Court's adoption of the emerging majority rule that severance pay (even of the Debtor's president) is not an administrative claim under 11 U.S.C.§503(b)(1))(A), as buttressed by Section 503(c)(2), nor would it be paid as an administrative expense claim underSection 502(b)(7).
• In re: Celebrity Resorts, LLC, et al., Debtors; United States Bankruptcy Court for the Middle District of Florida, Orlando Division; 2010 Bankr. LEXIS 4727 December 28, 2010; Case No.: 6:10-bk-03550-ABB, Chapter 11, (Jointly Administered with Cases 6:10-bk-3551-ABB to 6:10-bk-3585-ABB)6:10-bk-3551-ABB6:10-bk-3552-ABB6:10-bk-3553-ABB6:10-bk-3554-ABB6:10-bk-3555-ABB6:10-bk-3556-ABB6:10-bk-3557-ABB6:10-bk-3558-ABB6:10-bk-3559-ABB6:10-bk-3560-ABB6:10-bk-3561-ABB; The absolute priority rule and open bidding is inapplicable because the Unsecured Creditors voted overwhelmingly in favor of the Plan; no cramdown of the unsecured class is being sought pursuant to 11 U.S.C. Section 1129(b)(2)(B)(ii). Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street Partnership, 526 U.S. 434, 449, 119 S. Ct. 1411, 143 L. Ed. 2d 607 (1999) As such, the absolute priority rule now on the books as subsection (b)(2)(B)(ii) may carry a new value corollary.
• In re: Seminole Walls & Ceilings Corp., Debtor. United States District Court for the South District of Florida, 2008.; Dartlin J. Africh, et.al. vs. Carla Musselman in her capacity as Chapter 7 Trustee et.al. 412 B.R. 878; A waiver of the right to trial by jury can be accomplished by filing of a proof claim allowing consent to bankruptcy Court's limited jurisdiction can even be imputed to a non proof of claim filing legal entity (i) if it is established such entity is an alter ego of the filing entity and (ii) the claim need not relate to the cause of action before the Court; expanding the prior U.S. Supreme Court holdings in Granfinanciera, S.A. v Nordberg, 492 U.S. 33, 36 (1989), and Langenkamp v. Culp, 498 U.S. 42 (1990).
• In re: Clark, GOGUYS, INC vs. Clark , 2009 Bankr. LEXIS 597; January 16, 2009; Case explains when the limited equitable exception is available in applying a California state court judgment in a bankruptcy discharge action in Florida.
• In re: EZ Pay Services, INC. 390 B.R. 445; Bankruptcy Court, Middle District of Florida 2008; $254,867.50 awarded in favor of client for contempt of Nevada Court's temporary restraining order.
• Franklyn Alexander, DDS, INC., et al., Bankruptcy Court, Middle District of Florida 2007; Plaintiffs, vs. Alternative Debt Portfolios, LLC, and Alternative Debt Portfolios, L.P., Defendants. 390 B.R. 421; Plaintiffs' tortuous interference action is so inextricably intertwined that mandatory abstention would not be granted. The action was successfully removed from Texas District Court to the Florida Bankruptcy Court.
• In re James Allen Hinton Middle District of Florida; 378 B.R. 371 (2007). Counsel for the Chapter 7 Trust the in which the court was to decide an issue of first impression as to whether a Florida homestead held as tenancy by the entireties was subject to curtailment as a fraudulent transfer under new section 522 (o) of the Bankruptcy Code, or to administration under the Florida rules of proceeding supplementary by a judgment lien creditor.
• James Allen Hinton, and King Acquisitions, LLC v. James Allen Hinton and Susan C. Hinton 2007 WL 3051264; Bankruptcy. Middle District of Florida, 2007; Roy represented the Chapter 7 Trustee in a case of first impression dealing with new bankruptcy code section 522(o) enacted under the Bankruptcy Abuse Prevention and Consumer Protection Act and its impact on an exemption claim of real property as homestead.
• Aquamarine USA, Inc Middle District of Florida; (A) 2005 Bankr. LEXIS 1752; 58 U.C.C. Rep. Serv. 2d (Callahan) 646; and (B) 319 B.R. 270; 2004 Bankr. LEXIS 1909; 56 U.C.C. Rep. Serv. 2d (Callaghan) 309; 18 Fla. Law Weekly Fed. B 31. Established in 2 separate trials ( boat buyer vs. boat seller and boat buyer vs. seller's secured lender) the expansion of the legal theory of "entrustment" under the Uniform Commercial Code, determining that in a transaction via a consignment dealer, a buyer would have superior, clear title over the seller as well as the prior properly perfected lien of the seller's secured lender.
• Seminole Walls & Ceilings Corp., Debtor. Middle District of Florida; 2006 Bankr. LEXIS 1900. Defined the parameters under which judicial notice under Federal Rule of Evidence 201 is not appropriate.; Carla P. Musselman, Chapter 7 Trustee for the estate of Seminole Walls & Ceilings Corp., Plaintiff, v. Debbie Jasgur, Joseph Jasgur, Robert L. Fox, Dartlin J. Africh, Africh Maintenance, Inc., Africh Management & Investment, Inc., Vintage Partners, Inc., Bradley E. Whittle, The Funding Solutions, Inc., Joseph Yaron, Pita Corporation, and Paul Philipson, Defendants
• Greater Orlando Aviation Authority v. Delta Airlines Southern District of NY Bankruptcy Court-2006; pending B.R. citation and (ii) Greater Orlando Aviation Authority v. Independence Air District of Delaware Bankruptcy Court-2006; crystallized the contrary views as to whether a creditor can properly exercise its right to set off of pre petition monies owed to the debtor against a post petition rejection damages claim against the same bankrupt entity.
• In re Family Health Food USA, Inc v. SouthTrust Bank Southern District of Florida; 223 B.R. 250; 40 Collier on Bankruptcy Case 2d. 682; 32 Bankr. Ct. Decisions 1228; 11 Fla. Law Weekly Fed. B 336. Unapproved post petition payments to a secured creditor are not avoidable post petition transfers subject to attack by a subsequently appointed bankruptcy trustee.
• World Vision Entertainment Middle District of Florida; represented unsecured creditor committee in $40 million fraud case; Evergreen Securities; Middle District of Florida; Lead creditor counsel in $240 million fraud case in which we successfully replaced the Debtor with a Chapter 11 Trustee over the objections of the Debtor AND the Unsecured Creditors' Committee.
• In re McIntyre Trucking Co. Middle District of Florida 223 B.R. 588; 1998 Bankr. LEXIS 1007; 98-2 U.S. Tax Case. (CCH) p50,760; 82 A.F.T.R.2d (RIA) 6432 Established standard for proving reasonable cause to defeat willful neglect standard for unpaid 941 Federal Taxes.
• Indiantown Realty Partners, Ltd. Southern District of Florida; 270 B.R. 532; 2001 Bankr. LEXIS 1514; 47 Collier's Bankr. Cases 2d (MB) 904; 38 Bankr. Ct. Dec. 184; 15 Fla. L. Weekly Fed. B 15 Further defined when attorney-client and work-product privileges can be waived.
• Grosvenor Orlando Associates Middle District of Florida; 2005 Bankr. LEXIS 2746; 178 L.R.R.M. 2876 Set forth the appropriate intersection between administrative law procedures under an NLRB collective bargaining procedure and the bankruptcy court dealing with allegations of wrongful discharge of union employees and claims for back wages and reinstatement.
• In re: Land Resources, LLC, Debtor; Realan Investment Partners, LLLP and Weeks-Grey Rock, LLC Appellants v. Leigh R. Meininger, as Chapter 7 Trustee of the Estates of Land Resource, LLC and Its Affiliated Debtors, Appellee; Middle District of Florida; 2014 U.S. Dist. LEXIS 16422 (February 10, 2014). Appellate Court affirmed the entry of two distinct Bar Orders incorporating, as an issue of first impression, the recent analysis from the Second Circuit's decision In re Madoff, 848 F. Supp. 2d 469 (S.D.N.Y. 2012), aff'd, 740 F.3d 81, 2014 WL 103988 (2d Cir. 2014),

Presentations & Seminars
• Death, Taxes and Bankruptcy: Only 2 out of 3 are Inevitable, Central Florida Bankruptcy Law Association Luncheon, Orlando, Florida, March 20, 2014

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