Phil Landau is a founding partner of Shraiberg, Ferrara & Landau, P.A. Prior to forming SFL, Mr. Landau was a Shareholder with Akerman Senterfitt.
He practices in the areas of bankruptcy, creditors' rights, and commercial litigation. Mr. Landau advises clients on the business and litigation aspects of bankruptcy and workouts. His bankruptcy practice has involved representation of a wide range of clients, including Chapter 11 debtors in possession, lenders, creditors' committees, secured and unsecured creditors – including banks, factoring companies and financing companies, DIP lenders, purchasers of assets, landlords, trustees, receivers and defendants in adversary proceedings.
His extensive commercial litigation experience has involved both prosecuting and defending complex business disputes. Just a sampling of Mr. Landau’s prior trial experience involve litigating partnership disputes, business divorces, breaches of loan agreements, and infringement of intellectual property rights. Additionally, Mr. Landau has developed a unique specialty in the collection of large judgments. Mr. Landau regularly represents a Fortune 500 insurance company in its recovery efforts, collecting upon multi-million dollar judgments and combating insurance fraud.
Prior to entering private practice, Mr. Landau served as a law clerk to the Hon. Paul G. Hyman, Jr., Chief Judge, U.S. Bankruptcy Court for the Southern District of Florida.
Recognized as a top bankruptcy and restructuring lawyer in the 2011 edition of Chambers & Partners USA, America's Leading Business Lawyers.
Recognized as a "top lawyer" in the 2014 edition of Florida Trend's Legal Elite
Recognized in the 2016 edition of Super Lawyers
Recipient of Martindale-Hubble's highest "AV" rating
Notable Client Work
Represented several nationally known commercial real estate owners and developers in the restructuring of over $200 million in secured debt obligations.
Represented PRC, LLC, a global operator of call centers, in its Chapter 11 Case filed in the Southern District of New York.
Represented a leading tennis apparel company in prosecuting an action for trademark infringement against the brand’s prior owner. Case settled favorably at mediation and resulted in an amicable “divorce” from the prior owner.
Currently representing a leading finance company in Texas state court in its defense of a lawsuit arising out of an alleged failure to fund a letter of credit.
Represented American Ammunition, Inc., a publicly traded manufacturer of ammunition, in its Chapter 11 Cases filed in the Southern District of Florida.
Represented Congregation Chabad-Lubavitch of Greater Boynton Beach, a local synagogue, in its Chapter 11 Case. Case made national news when its lender sought to continue its foreclosure during the Jewish High Holidays. Case was ultimately resolved on very favorable terms for the synagogue.
Co-counsel to the majority of mechanic and materialmen lien holders in the Chapter 11 Case of Fontainebleau Las Vegas, LLC.
Represented Cardo Medical Inc., a leading provider of surgical implants, in its § 363 purchase of the assets of Vertebron, Inc., in its Chapter 11 Case filed in the District of Connecticut.
Represented parents of deceased child in a successful determination of non-dischargeability as to the highly publicized judgment they had received against the man who shot and murdered their son.
Represented Australian liquidators in ancillary proceeding to administer remaining assets of an Australian yacht manufacturer. Case involved obtaining an emergency (followed by a permanent) injunction precluding company's president from selling remaining yachts at the Fort Lauderdale International Boat Show which were surreptitiously shipped from Australia to the
Served as lead counsel to creditors’ committee in several Chapter 11 cases including, George Mason Citrus, Co. and 99 Cent Stuff, Inc.
Represented leading healthcare financer in Chapter 11 cases of a chain of MRI imaging centers. Ultimately, lender recovered majority of its prepetition debt.
Represented Petitioning Creditors as well as over 50 other condominium owners in the filing of an involuntary bankruptcy petition against the developer of a waterfront spa and condominium. Case was dismissed upon the payment of a multi-million dollar settlement to the condominium owners.
American Bankruptcy Institute
American Bar Association
Bankruptcy Bar Association of the Southern District of Florida (Board of Directors since 2006)
The Florida Bar (Member, Judicial Liaison and Bankruptcy/UCC Committee of Business Law Section)
Virginia State Bar
Published Works and Lectures
Speaker & Author: "Hot Topics in Small Business Cases", American Bankruptcy Institute Spring Meeting, Washington, DC, April 2011
Speaker: "Bankruptcy Basics for Accountants", November 2008
"The Forgotten Defenses of Setoff & Recoupment", American Bankruptcy Institute, Young and New Members Committee, September 2008
"Florida to Remain a Haven for Debtors, "Daily Business Review, March 30, 2005
Speaker & Author: "Landlord Claims in Bankruptcy," Lorman Education Services, April 2004
"The Future of Bankruptcy: Asset Sales Under Section 363 of the Bankruptcy Code," Norton Annual Survey of Bankruptcy Law, 2003 edition
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Middle District of Florida
U.S. District Court, Southern District of Florida
U.S. Bankruptcy Court, Southern District of Florida
U.S. Bankruptcy Court, Middle District of Florida
U.S. Bankruptcy Court, Northern District of Florida
U.S. District Court, Eastern District of Virginia
U.S. District Court, District of Colorado
In re Eliopoulos, 540 B.R. 490 (Bankr. S.D. Fla. 2015)
Osborne v. Cook, 2013 WL 4786584 (S.D. Fla. 2013)
In re Levin, 434 B.R. 910 (Bankr. S.D. Fla. 2010)
In re Fontainebleau Las Vegas Holdings, LLC, 434 B.R. 716 (S.D. Fla. 2010)
In re Pardo, 401 B.R. 509 (Bankr. S.D. Fla. 2009)
In re Fountain Imaging of North Miami Beach, LLC, 392 B.R. 508 (Bankr. S.D. Fla. 2008)
Figueroa v. Wells Fargo Bank, N.A. (In re Figueroa), 382 B.R. 814 (S.D. Fla. 2007)
Barnes v. Home Equity Mortgage Corp. (In re Barnes), 2007 WL 3037120 (Bankr. S.D. Fla. 2007)
In re Certified HR Services, Co., 2007 WL 3342752 (Bankr. S.D. Fla. 2007)
Figueroa v. Smith (In re Figueroa), 2006 WL 4549615 (Bankr. S.D. Fla. 2006)
Sher v. Countrywide Home Loans, Inc., 848 So.2d 1246 (Fla. 4th DCA 2003)
Professional Memberships and Activities
American Bankruptcy Institute
American Bar Association
Bankruptcy Bar Association of the Southern District of Florida (Board of Directors, 2006-2012)
The Florida Bar (Member, Judicial Liaison and Bankruptcy/UCC Committees of Business Law Section)
Virginia State Bar
Prior Professional Experience
Shareholder, Akerman Senterfitt
Law Clerk, Hon. Paul G. Hyman, Jr., Chief Judge, U.S. Bankruptcy Court for the Southern District of Florida, 2001-2002
Judicial Intern, Hon. James R. Spencer, Chief Judge, U.S. District Court for the Eastern District of Virginia, 1999-2000
2000: J.D., University of Richmond School of Law University of Richmond Law Review, Associate Editor 1999-2000
1997: B.A., State University of New York at Albany