Roy S. Kobert - Attorney at Law

301 East Pine Street
Suite 1400
Post Office Box 3068 (32802-3068)
Orlando, Florida 32801

P 407-843-8880
F 407-244-5690
D 407-244-5602

401 East Jackson Street
Suite 2700
Post Office Box 3324 (33601-3324)
Tampa, Florida 33602

P 813-273-5000
F 813-273-5145

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Biography

Roy is a shareholder and resident in the Orlando and Tampa offices of GrayRobinson. He is a member of the firm's Bankruptcy and Creditors' Rights Practice Group. Roy is a Certified Specialist in Business Bankruptcy Law by the American Board of Certification, accredited by The Florida Bar, since 2003. He has lectured for The Florida Bar and The National Business Institute on bankruptcy and insolvency issues. Roy has served as a visiting Professor at the University of Florida College of Law, Florida A&M Law School, Florida Gulf Coast University and Mountain State University.

In 2013, Roy was named a Fellow of the Litigation Counsel of America, a trial lawyer honorary society comprised of less than one-half of one percent of American lawyers. The fellowship is highly selective and by invitation only.

Roy is a lifelong advocate for financial literacy. He is the founder of the Credit Abuse Resistance Education of Central Florida Chapter, which educates high school and college students on the responsible use of credit and other fundamentals of financial literacy, as well as the potential consequences of poor money management and credit card and student loan abuse.

Roy is active in the community and currently serves on the board of directors of the Downtown Orlando Breakfast Rotary Club. He devotes time to Blankner Elementary School Foundation and the Boone High School Foundation. 

In 2015, Roy served on The Florida Bar Diversity and Inclusion Committee and helped establish a two-day intensive trial skills program geared toward minority trial lawyers, the first of its kind offered in Orlando, featuring jurists from the State Circuit and Federal benches. 

Additional Information About Roy S. Kobert

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Education
  • University of Miami, B.A. (1984)
  • University of Miami School of Law, J.D. (1988)
  • St. John's University School of Law, Hugh Carey Dispute Resolution Center
    • Certified Inaugural Class, First Florida Graduate, 2011
Admissions
  • Florida, 1988
  • U.S. District Court, Northern District of Florida, 1991
  • U.S. District Court, Middle District of Florida, 1989
  • U.S. District Court, Southern District of Florida, 1988
  • U.S. Bankruptcy Court, All Florida Districts
  • U.S. Court of Appeals, 11th Circuit
Professional Associations & Memberships
  • The Florida Bar
    • Business Law Section
      • Bankruptcy/UCC Committee
        • Revisions to the Assignment of the Benefit of Creditors Statute, 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
    • Past President
Civic
  • Credit Abuse Resistance Education of Central Florida
    • Founder
  • Downtown Orlando Breakfast Rotary Club
    • Board of Directors
  • Downtown Orlando Partnership
    • Past President, 2009
  • Indian Guides
    • Past Chief, 2006
Awards & Recognitions
  • Best Lawyers in America, 2006-2018
  • Florida Super Lawyers, 2006-2017
  • Chambers USA, Bankruptcy/Restructuring, 2005-2017
  • Litigation Counsel of America, Fellow, 2013-2015
  • Orlando Magazine, Best Lawyers, 2006-2007, 2009-2017
  • Florida Trend’s, Legal Elite, 2005, 2009, 2012, 2014-2017
  • AV Preeminent™ rated by Martindale-Hubbell, consistently since 2004
    • Top Rated Lawyer, Alternative Dispute Resolution, 2015 
  • Leading Florida Attorney, Bankruptcy and Workout Law, consistently since 2007
  • "Top 10 Businessmen to Watch in 2009," Orlando Business Journal
Reported Decisions
  • 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).
  • 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: 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.
  • 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).
  • 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 2007WL 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.
  • 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-2006pending 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 prepetition monies owed to the debtor against a post-petition rejection damages claim against the same bankrupt entity.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
Representative Experience
  • Roy has represented secured creditors, indenture trustees and creditor committees throughout the country. Additionally, he has been involved in various niche issues within the bankruptcy practice: involuntary bankruptcy prosecution, cross border insolvency litigation, prosecution/defense of fraudulent transfer and preference litigation, cram down defense and Assignment for Benefit of Creditors (ABC) litigation and niche issues outside the bankruptcy arena including: contested domestication of foreign judgments; SWAP agreement litigation and Article 9 priority prosecution.
  • Roy handled one of the only contested cross-boarder insolvency cases of an individual (Chapter 15) on behalf of a United Kingdom Trustee.
  • Roy recently obtained one of the most expansive channeling injunctions, which enjoined all municipal and state taxing authorities from ever suing his clients without having to subject the clients to the bankruptcy process (Middle District of Florida, Case No. 6:11-bk-06493-KSJ, order dated 10/30/13).
  • On behalf of a financial institution, he prosecuted one of the few contested confirmations in which the little known §1111(b) election was successfully implemented, resulting in a sizeable increased recovery for the secured lender.
  • On behalf of third party creditors, Roy initiated a series of strategic commercial involuntary bankruptcy petitions which terminated self-serving actions of the insiders of the debtor.
  • Roy represented more than 400 subcontractors as counsel to the Official Trade Creditors Committee in the XL Homes, Inc., and Olympia Homes, Inc., a residential developer of tract homes. He advocated to create a specialized committee that was ratified by the courts.
  • He has represented creditors in numerous national bankruptcy cases including: American Airlines, GulfStream International, Uno Restaurant Chain, US Airways, Roadhouse Grill, Steak and Ale Restaurant Chain, Tousa/Engle Homes, National Rent-a-Car, Celebrity Timeshare Resorts, Service Merchandise, KMart, Heilig-Meyers, Frenkel Home Improvements, United Airlines, Winn-Dixie Supermarkets, Planet Hollywood, Heckinger’s Builders Square, Waccamaw/Home Place, TWA, Alamo, Budget Rent-a-Car, ATA Airlines and Air Canada.
  • On behalf of a group of experienced restaurateurs, Roy successfully acquired a regional upscale restaurant chain by structuring the acquisition of its equity interest, which included all ongoing liabilities. He also represented the Trustee and liquidation of 44 Denny’s Restaurants in Florida, Georgia, Alabama, Tennessee, and South Carolina.
  • Roy has extensive experience with Ponzi fraud litigation. He served as lead creditors’ counsel in a $250 million Ponzi fraud case, the largest in Florida history at that time; he successfully represented 1,200 investors in another Ponzi scheme involving investments of more than $40 million; and precluded secured lenders from confirming a Plan of Reorganization by mobilizing creditors from around the world in opposition, thus preventing a third-party channeling injunction.
Presentations & Seminars

Most recent engagements only:

  • Moderator, "Judges Roundtable," featuring the Middle District of Florida Bankruptcy Judges, Central Florida Bankruptcy Bar Association Annual Seminar, May 5, 2017
  • Moderator, "Judicial Merry-Go-Round," featuring the Middle District of Florida Bankruptcy Judges, 40th Annual American Bankruptcy Institute Seminar, Stetson University, March 2016
  • Moderator, "Unbundling the Sticks: Limited Scope Engagements," 39th Annual American Bankruptcy Institute Seminar, Stetson University, March 5-7, 2015
  • Co-presentation with U.S. Bankruptcy Court Judge Jerry Funk, “Best Practices: Forbearance Agreements,” The Florida Bar Business Law Section Mid-Year Meeting, January 21, 2015
  • Co-presentation with U.S. Bankruptcy Court Judge Jerry Funk “Best Practices: Forbearance Agreements,” Northern District of Florida Bankruptcy Bar Association’s Annual Seminar, September 19, 2014
  • "Death, Taxes and Bankruptcy: Only 2 out of 3 are Inevitable," Central Florida Bankruptcy Law Association  Luncheon, Orlando, Florida, March 20, 2014
Articles & Publications
  • Co-Author, Bankruptcy Mediation, ABI, June 2016
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