John B. Hutton III

John B. Hutton III

Shareholder

John B. Hutton III is a restructuring advisor and a bankruptcy litigator who has spent his entire career with Greenberg Traurig since joining the firm in 1993. He has wide-ranging experience representing debtors, trustees, secured and unsecured creditors, asset purchasers, indenture trustees and bondholders across various industries, with a particular focus on municipal finance/ tax-exempt bonds, real estate, and hospitality. John litigates issues involving cash collateral, adequate protection, valuation, stay relief, feasibility and plan confirmation treatment. In his early years with the firm, John played a key role in the Southeast Banking Corporation bankruptcy case, one of the largest bank holding companies in Florida, which returned over 100 percent to creditors, along with post-petition interest. He has also had multiple Committee representations, including Mission Health, where the recovery for unsecured creditors was increased from a projected 10 percent to 90 percent. The U.S. Trustee called it the "most aggressive" Committee she had seen in her career. John has broad experience in handling indenture trustee and bondholder representations involving tax-exempt community development district bonds and the issues arising in such cases.

Concentrations

  • Bankruptcy, reorganization and restructuring
  • Bond debt restructuring
  • Municipal finance/tax exempt bonds
  • Bankruptcy litigation
  • Purchase and sale of assets of financially distressed companies
  • Hospitality industry bankruptcies
  • Health care bankruptcies
  • Creditor/debtor rights
  • Financial institution liquidation
  • Commercial litigation
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取扱分野

実績紹介

  • Representation of the Puerto Rico Electric Power Authority, the Puerto Rico Aqueduct and Sewer Authority and the Puerto Rico Fiscal Agency and Financial Advisory Authority in connection with restructuring in excess of $14 billion of debt under PROMESA.
  • Representation of City of Hartford, as restructuring counsel.
  • Representation of the USVI, with respect to its public pensions.
  • Representation of U.S. Bank, as Indenture Trustee, with respect to $35M in defaulted bonds, in bankruptcy of Issuer, Parkview at Hollybrook (an ALF in Texas), supervising bankruptcy aspects of this deal, which resulted in a successful and competitive bankruptcy auction, returning in excess of $20 million to bondholders.
  • Representation of Indenture Trustee, with respect to $300 million in corporate bonds, and as member of the Creditors Committee, in Chapter 11 case filed by Atherogenics, which operated a clinical stage drug development program for its lead antioxidant and anti-inflammatory drug candidate, AGI-1067.
  • Representation of Indenture Trustee with respect to bond indebtedness in excess of $50 million, with respect to the Chapter 11 bankruptcy cases of a debtor engaged in the business of owning and developing real estate in a 400 acre project in Polk County, Florida, known as the Victor Posner City Center, which was a mixed-use development that was designed to include retail, commercial and residential buildings. The development was financed by community development district bonds to fund the infrastructure improvements.
  • Representation of Indenture Trustee for secured noteholders, in Chapter 11 bankruptcy of Greater Miami Neighborhoods, a low-income housing debtor, which sold the properties in the bankruptcy and paid the bonds in full.
  • Representation of Bank of New York as Indenture Trustee on behalf of secured bondholders in Chapter 11 bankruptcy of Sun Coast Hospital.
  • Representation of Indenture Trustee with respect to bond indebtedness in excess of $71 million, with respect to the Chapter 11 bankruptcy cases of a developer holding in excess of 120 acres of land in Miami, financed by community development district bonds to fund the infrastructure improvements.
  • Representation of Indenture Trustee with respect to 11 bond issuances, with aggregate bond indebtedness in excess of $106 million, with respect to Chapter 11 bankruptcy of a master planned residential community comprised of nearly 4,000 zoned acres of land in Naples, Florida, financed by community development district bonds to fund the infrastructure improvements.
  • Representation of the Public Finance Authority (PFA) in its issuance of $457,586,979 of revenue bonds for the purpose of financing the costs associated with the reconstruction of the Interstate 285 and State Road 400 Improvement Project (“Project”) located in Fulton and DeKalb Counties in Georgia.  The Georgia Department of Transportation (“Georgia DOT”) issued an official Notice to Proceed to North Perimeter Contractors, LLC, (“NPC”) for the purpose of undertaking the project pursuant to a design, build, and finance agreement.
  • Representation of Basic Water Company SPE I, LLC, in connection with the issuance of ~$25M of water delivery revenue bonds.
  • Representation of lender on a $197 million mortgage loan, with respect to Chapter 11 bankruptcy of the borrower, owner of a 65-acre golf resort hotel and beach club commonly known as the Sawgrass Marriott Resort, in Ponte Vedra, Florida. Lender acquired title to the resort through the bankruptcy proceeding.
  • Representation of lender with respect to $70 million mortgage loan secured by two commonly owned hotels, the Miami Airport Mart Hotel and the Sheraton Orlando Downtown, in Chapter 11 bankruptcy proceeding for the hotels.
  • Representation of Chapter 11 Trustee for Debtor/owner and operator of hotel/apartment complex. Case included sale of commercial/residential property for approximately $30 million within 120 days of appointment and confirmation of a plan which provided a 100% return to creditors and a substantial return to equity.
  • Representation of lender on a $119 million mortgage loan with respect to the Chapter 11 bankruptcy of the borrowers, owners of a hotel, two condominium projects, tax credits and some land, in San Juan, P.R.
  • Representation of secured lenders on $800 million revolving credit facility, with respect to Chapter 11 bankruptcy of the borrower, Fontainebleau Las Vegas, and related litigation.
  • Representation of Hilton Hotels in Chapter 11 bankruptcy of Sunterra Corporation; successfully obtained assumption of various trademark, licensing and management contracts.
  • Representation of Official Committee of Unsecured Creditors in the Chapter 11 case of Bunkers International, Inc., involving a worldwide bunkering operation with over $500M in revenues in 2014, which took a sharp drop in 2015 based in part upon the significant drop in oil prices.
  • Representation of Creditors Committee in health care bankruptcy, with in excess of $50 million in unsecured debt, which provided a distribution of 90% to unsecured creditors.
  • Representation of Creditors Committee in bankruptcy of large funeral home chain; assisted unsecured creditors in obtaining $1 million carve-out within the first two weeks of retention.
  • Representation of Creditors Committee in Chapter 11 case of stalled power plant project; assisted unsecured creditors in obtaining a distribution in excess of 30% of their claim amounts.
  • Representation of Creditors Committee in Chapter 11 reorganization of $500 million trucking company; Committee represented interests of more than $100 million in unsecured claimants.
  • Representation of owner and plan sponsor in the Chapter 11 bankruptcy of PGA Flyover, LLC, owner of a 15.738-acre parcel of land, which is developed with a mixed-use development known as PGA Professional and Design Center.
  • Representation of telephone system service provider in Chapter 11 bankruptcy of ILD, a billing and collection company.
  • Representation of fleet vehicle lessor in Chapter 11 bankruptcy of Ace car rental licensee.
  • Representation of secured lender with respect to defaulted $32 million loan on a luxury apartment building in Naples, Florida. Obtained dismissal of case within 90 days of the filing.
  • Representation of GE as secured mortgage lender owed $38 million on three of Bill Heard’s dealership properties, in Chapter 11 bankruptcy of Bill Heard Enterprises, one of the largest dealers of General Motors vehicles in the country.
  • Representation of Chapter 7 Trustee for a large banking corporation, returning over $300 million to creditors from proceeds of litigation settlements with Federal Deposit Insurance Corporation and liquidation of other assets.
  • Representation of Textron Financial Corporation as secured lender in Chapter 11 bankruptcy of retail appliance stores.
  • Representation of New Horizons Computer Learning Centers, Inc. as franchisor in serial bankruptcy filings by former franchisee after termination; successfully obtained stay relief to enforce termination obligations.
  • Representation of debtors, indenture trustees, secured and unsecured creditors, trustees and other interested parties in all phases of workout and bankruptcy proceedings, including pre-packaged Chapter 11 plans, state receivership proceedings and adversary proceedings.
  • Representation of secured lender in connection with Chapter 11 sale of franchised Church's Chicken restaurants with the secured lender receiving almost all of the sale proceeds.
  • Representation of franchisor in Chapter 11 bankruptcy of Burger King franchisee group, in which restaurants and franchise agreements were sold to an approved franchisee, and franchisor received full payment of all outstanding obligations (in excess of $2 million).
  • Representation of Bartlett Dairy in connection with pension/union issues, and in connection with municipal contract and antitrust claim.
  • Representation of Seaboard Uruguay, in insolvency of Ceroil, as to which Seaboard is a 45% minority partner.  Overseeing bankruptcy/insolvency aspects of this deal, pending in Uruguay.
  • Experience as trial counsel in adversary proceedings and contested matters involving valuation, plan feasibility, fraudulent conversions, claims objections and allowance, turnover, and breach of contract.

受賞歴・所属団体

  • Listed, The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Commercial Litigation; Litigation - Bankruptcy, 2009-2019
  • Listed, Chambers USA Guide, 2005-2018
  • Listed, Super Lawyers magazine, Florida Super Lawyers, 2006-2018
  • Listed, South Florida Legal Guide, "Top Lawyer," 2011-2017
    • Listed, "South Florida's Up & Comers"
  • Listed, The Legal 500 United States, 2016
  • Listed, Florida Trend magazine, "Legal Elite," Bankruptcy Law, 2005-2007
  • Board Certified, Business Bankruptcy Law, American Board of Certification
  • Rated, AV Preeminent® 5.0 out of 5

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Member, Commercial Finance Association 
  •  Member, Turnaround Management Association
  • Member, American Bankruptcy Institute
    • Southeast Advisory Board Member 
    • Planning Committee, Southeast Bankruptcy Workshop
  • Asset Sales Committee, American Bankruptcy Institute
    • Former Co-Chair and Education Director
  • Former President and Current Member, Bankruptcy Bar Association for the Southern District of Florida
  • Past Board Chairman and Current Board Member, Family Resource Center of South Florida, Inc.
  • Member, American Bar Association  
  • Member, Dade County Bar Association
  • Member, Business Law Section of the Florida Bar
    • Chair, Study Group on Uniform Voidable Transactions Act
    • Vice Chair, Bankruptcy / UCC Committee
    • Judicial Liaison Committee
 

学歴・資格・言語

学歴
  • J.D., Columbia Law School, 1991
  • B.A., Political Science, Johns Hopkins University, 1988
弁護士資格
  • Florida
  • U.S. Bankruptcy Court for the Southern District of Florida
  • U.S. Bankruptcy Court for the Middle District of Florida
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Fourth Circuit
言語