Mediation in Debtor/Creditor Matters


As plaintiff’s counsel in commercial or business litigation in Florida, you have no doubt been in a position where you know you have a good case, and that your client is in the right. Your client is also probably very well aware of this fact. The expectation that you will succeed and recover monetary damages is high. The defendant may not even be contesting liability in your case. However, you have a problem. The defendant is teetering on the verge of insolvency.

If you win and obtain a judgment, you may trigger a universal default with the defendant’s other creditors. Even if banks and lenders do not start calling the defendant’s credit lines and loans, you may be the final straw which forces the defendant to file for bankruptcy protection. In some commercial and business cases, this is a fact that counsel for the defendant is often more than willing to share. Sometimes it’s a strategic bluff. In today’s economy, often it is not.

You have a dilemma. Winning doesn’t mean succeeding. Succeeding means getting the best possible financial outcome for your client given the situation. As the principal of Francis. L. Carter, P.A., I am uniquely qualified to help the parties reach a resolution in a debtor/creditor matter through mediation.

If liability is an issue, I have over thirty years of commercial and business law experience to help the parties mediate the issue of liability. However, often in debtor/creditor cases liability is not the real issue. The issue is finding a way to get the plaintiff paid which does not push the defendant into bankruptcy. As an experienced bankruptcy attorney and full-time mediator, I am uniquely positioned to help all of the parties understand the laws, the application of the laws, and the likely outcomes. This allows the parties to be in the best position possible to resolve the issue without protracted litigation.