With over 30 years of experience, Brian Gart has focused his practice on complex business reorganization, insolvency, bankruptcy litigation, assignments for the benefit of creditors under State law, receiverships, and corporate restructuring matters, both in and out of court. Brian has represented publicly and privately held business debtors, all manner and types of secured creditors in complex commercial finance transactions, official creditors' committees, Chapter 7 and Chapter 11 trustees, DIP lenders, plan funders, landlords, liquidating trustees, banks, and other financial institutions, indenture trustees and equity security holders. In addition, Brian has represented numerous lenders and borrowers in complex commercial finance transactions, including asset-based loans, mezzanine credit facilities, capital market transactions, and subordinated debt facilities. Brian has also served as an expert witness on a number of issues related to the fiduciary duties of directors under State law, substantive consolidation, and the formation of bankruptcy remote entities.
Over the past 10 years or more, Brian has also dedicated much of his professional attention to handling distressed mergers and acquisitions – helping clients buy and sell troubled, underperforming and "storied" businesses, in and out of court. These clients include private equity groups, hedge funds, family offices, strategic and financial buyers and sellers – often utilizing Section 363 of the Bankruptcy Code and structuring the necessary financing required by such transactions.
Brian previously served as the Chair of the Business Law Section of the Florida Bar, which represents the interests of over 6,000 business lawyers within the State of Florida. Brian has been extremely active in the development and enactment of Florida’s business and commercial laws, having been a member of the Legislation Committee or The Florida Bar Business Law Section Task Forces that sponsored the: 2007 revisions of the Assignment for the Benefit of Creditors Statute (Chapter 727, Florida Statutes); the 2013 revisions of Florida’s "New Revised LLC Act" (as worked on by the Task Force over a four year period and creating a new Chapter 605, Florida Statutes); and the 2015 proposed revisions of Florida’s Proceedings Supplementary (Chapter 56.29, Florida Statutes). Brian has also helped author revisions to Article 9 of the Florida Uniform Commercial Code having served as Chair of the Bankruptcy/UCC Committee of The Florida Bar Business Law Section (1997-1999), and Chair of the Legislation Committee of The Florida Bar Business Law Section (2008-2010).