Fernando J. Menendez, Jr. - Attorney at Law

333 S.E. 2nd Avenue
Suite 3200
Miami, Florida 33131

P 305-416-6880
F 305-416-6887

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Biography

Fernando is a shareholder in the firm’s Miami office and a member of the Bankruptcy and Creditors’ Rights Group.  His practice is devoted to a broad range of business reorganization and restructuring matters, including the representation of debtors and creditors in complex workouts and bankruptcies, as well as the representation of court-appointed trustees.  In connection with the foregoing, his practice encompasses both the prosecution and defense of all forms of complex bankruptcy litigation, including preference, fraudulent transfers and complex contested matters.

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Background

Fernando was born and raised in south Florida, received his bachelor’s degree from the University of Florida and, later, his juris doctor from New York University School of Law.  He spent the early part of his legal career representing debtors as well as institutional creditors in a wide variety of restructuring cases pending in New York and Delaware, but now devotes his practice almost exclusively to matters in Florida. In addition to his practice and civic endeavors, Fernando enjoys teaching and has served as an adjunct professor in the bankruptcy clinical program at Florida International University College of Law.

Education
  • University of Florida, B.A. (1998)
  • New York University School of Law, J.D. (2002)
Admissions
  • Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Middle District of Florida
  • New York
Awards & Recognitions
  • South Florida Legal Guide, Top Up and Comer, 2017
  • Chambers USA, Bankruptcy/Restructuring, 2016-2017
  • Florida Super Lawyers, Rising Star, 2012-2016
Professional Associations & Memberships
  • The Florida Bar
    • Business Law Section
  • Bankruptcy Bar Association, Southern District of Florida
  • American Bankruptcy Institute
  • FIU Bankruptcy Clinical Program, Adjunct Professor, 2012
Representative Experience
  • Counsel to secured creditor holding more than $30 million in debt in contested chapter 11 proceeding involving large parcel of vacant land in downtown Miami
  • Counsel to chapter 7 trustee in litigation resulting in the denial of a debtor’s discharge as a result of, among other things, debtor’s failure to disclose interest in $2.7 million bonus found to constitute property of the estate
  • Counsel to foreign defendants in federal litigation involving claims for purported violations of, among other things, the Federal Communications Act and the Lanham Act (Trademark and False Designation of Origin)
  • Representation of secured creditors challenging debtors’ repeat bankruptcy filings (to avoid foreclosure) resulting in dismissal of both cases on grounds of bad faith and entry of an order barring any further stay of foreclosure proceedings in event of future bankruptcy filings by same debtors
  • Counsel to restructuring Mexican paper company in proceeding seeking recognition of foreign bankruptcy proceeding in U.S. and requesting related protections under chapter 15 of the U.S. Bankruptcy Code
  • Representation of lender with undersecured claim in chapter 11 case filed by outlet mall in the Southern District of Florida, resulting in negotiations leading to consensual plan and lender’s recovery of outlet-mall property
  • Representation of indenture trustee with respect to claims involving $479 million in convertible senior notes issued by Charter Communications
  • Representation of lighting company in all stages of negotiation and effectuation of prepackaged plan of reorganization in the District of Delaware
  • Acting as part of team representing large shareholder and principal investor in proposed restructuring of Delphi, the spun-off parts manufacturer of General Motors
  • Acting as part of team serving as debtor’s counsel to leading manufacturer of turbine components and related equipment for the domestic and international power generation 
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