Overview

Joaquin "JJ" Alemany is an attorney in Holland & Knight's Miami and Fort Lauderdale offices. Mr. Alemany practices in the firm's Litigation, Bankruptcy and Creditors' Rights sections. He is an experienced commercial litigator with significant background in handling complex federal and state cases. He is also a Certified Public Accountant (CPA) with experience in the U.S. and Latin American markets with internal investigations, and establishing compliance programs relating to financial fraud, Foreign Corrupt Practices Act (FCPA), anti-corruption and anti-money laundering. Mr. Alemany is fluent in Spanish.

Mr. Alemany's practice is focused primarily in South Florida, but he has appeared as lead counsel for clients in cases filed throughout the United States, including in Puerto Rico, New York, Delaware, California, New Jersey, Philadelphia, Texas, Virginia and Missouri.

Mr. Alemany represents clients in all aspects of bankruptcy, contract and business disputes, lender liability claims, commercial, real estate and equipment finance litigation, mortgage foreclosures/workouts, Ponzi scheme litigation, title insurance issues, assignments for the benefit of creditors, receiverships, Chapter 15, asset recovery, internal investigations, corporate compliance, breach of fiduciary duty, aiding and abetting fraud claims, legal malpractice, landlord-tenant disputes and Americans with Disabilities Act (ADA) litigation.

While at the University of Miami School of Law, Mr. Alemany was the managing editor of the Inter-American Law Review, received honors in both the Litigation Skills and Alternative Dispute Resolution Programs, and was awarded membership to the Order of the Coif.

Representative Experience

  • Represented debtor in Chapter 11 of aircraft parts seller and support center
  • Represented global Fortune 50 electronics company as largest unsecured creditor and member of creditor's committee in Chapter 11 case with claims exceeding $20 million
  • Represented equity holders in nursing home and healthcare facility Chapter 11 resulting in 100 percent distribution to creditors and a multimillion-dollar distribution to equity holders
  • Represented global armored car service company with significant executory service contract obligations to Chapter 11 debtor demanding continuation of services to more than 240 store locations
  • Represented parties and interested parties in various Chapter 15 proceedings relating to seeking discovery, responding and opposing discovery requests and demands
  • Represented Dutch distillery in enforcing significant exclusive production agreements with Chapter 11 debtor
  • Represented tour operator debtor in Chapter 11 case
  • Represented foreign representative of Spanish cruise operator and travel agency in obtaining Chapter 15 recognition and enforcement of orders
  • Represented U.S. Securities and Exchange Commission (SEC) Receiver in seeking dismissal of Chapter 15 of bank in the Caribbean
  • Represented institutional as well as local landlords in every type of bankruptcy as referenced below

  • Represented financial institution against bankruptcy trustee in Ponzi feeder fund lawsuit seeking damages in excess of $83 million (In re Banyon 1030-32)
  • Represented financial institution against bankruptcy trustee seeking to avoid transfers and damages exceeding $7.2 million relating to alleged EB-5 investment scheme (In re 160 Royal Palm and In re South Atlantic Regional Center)
  • Represented directors and officers (D&O) insurer against bankruptcy trustee of debtor law firm concerning direct action claims against insurer exceeding $7 million and alleged violations of the automatic stay (In re Fiddler, Gonzalez & Rodriguez)
  • Represented AmLaw 100 firm against bankruptcy trustee in Ponzi scheme lawsuit seeking multimillion-dollar damages under aiding and abetting and other theories (In re Providence Financial)
  • Represented largest transferee target against bankruptcy trustee in Ponzi scheme lawsuit seeking multimillion-dollar damages (In re Capitol Investments USA)
  • Represented international jewelry company against bankruptcy trustee in Ponzi scheme lawsuit (In re RRA)

  • Represented first position secured lender in obtaining dismissal of Chapter 11 case of aircraft hangar business
  • Represented first position secured lender in Chapter 11 case of the largest marina in the Caribbean through confirmation and successful sale of collateral exceeding $43 million recovery for bank
  • Represented first position secured lender in Chapter 11 case ultimately obtaining title through bankruptcy sale of beachfront residential property valued in excess of $30 million
  • Represented secured creditor equipment financing company in bankruptcy cases with debtors in the following industries: auto transport, fork lift/tractor leasing, farming, medical practice, medical treatment centers, MRI centers and photocopy services
  • Represented first position secured lender in Chapter 11 of 147-room beachfront hotel through confirmation and successful sale of collateral resulting in recovery in excess of $15 million
  • Represented first position secured lender in obtaining prompt dismissal of Chapter 11 case of oceanfront motel

  • Represented global medical surgical supplier with respect to U.S. Securities and Exchange Commission (SEC) inquiries and records request
  • Represented Latin American oil tanker company in implementing its anti-corruption and anti-money laundering compliance program
  • Represented Fortune 100 company in an internal investigation of pharmaceutical sales and marketing practices
  • Represented audit committee with internal investigation of misappropriation of corporate assets; prosecuted fraudulent transfer lawsuits to recover assets
  • Represented multiple financial institutions with internal investigations concerning improper revenue recognition, sales practices and reporting of tax swaps

  • Represented commercial landlords in some of the largest retailer bankruptcy cases to date, including but not limited to: L'Occitane, Ascena Retail Group, GNC Holdings, J.C. Penney, Forever 21, Sears, Roebuck & Co., Toys "R" Us, Sports Authority, Payless Shoes, Gymboree, Brookstone, Claire's, BCBG MaxAzria, Vitamin World, Perfumania, A'Gaci LLC, Charlotte Russe, Simply Fashion Stores Ltd., Wet Seal and Radio Shack
  • Represented commercial landlords in numerous commercial and restaurant bankruptcy cases, including but not limited to It'Sugar, Teknia Networks & Logistics, Cinemex, TooJay's, Hygea Holdings, GaliciaPoke, Eddie's Thai and Bike USA
  • Represented numerous landlords and tenants relating to commercial and residential evictions, breach of lease agreements and litigation of landlord-tenant disputes
  • Represented commercial landlords and court appointed receivers with respect to residential, nonresidential and federally funded low income housing evictions and landlord-tenant disputes

  • Successfully litigated more than 200 commercial litigation cases through judgment, dismissal or settlement
  • Represented numerous financial institutions in prosecution of numerous mortgage foreclosure and breach of promissory notes ranging from less than $500,000 to more than $350 million
  • Prosecution and defense of breach of contracts disputes, including but not limited to breach of real estate purchase and sale agreements, listing agreements, distribution agreements, equipment financing agreements, supplier agreements and exclusivity agreements
  • Prosecution of lawsuits seeking prejudgment writs of replevin to recover aircraft engines and business assets
  • Representation of hotel and shopping centers against multiple lawsuits alleging violations of the Americans with Disabilities Act (ADA)
  • Representation and prosecution on behalf of internal audit committee of fraudulent transfer and civil theft actions to recover embezzled funds and assets
  • Representation of nutrition supplement distributor in action for trade dress infringement, false advertising and unfair competition
  • Represented medical group partners in prolonged partnership separation dispute concerning large pediatric and neonatal healthcare group

  • Represented court-appointed receivers of several small to midsize apartment complexes and commercial real property in foreclosure proceedings
  • Represented court-appointed receiver of housing projects in low-income, high-crime areas
  • Represented court-appointed receiver of four federally funded housing projects in low-income high-crime area slated for demolition (421 residential units) and relocation of more than 100 families in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
  • Represented court-appointed receiver with respect to single family home development of 25 homes

Credentials

Education
  • University of Miami School of Law, J.D., magna cum laude
  • Florida International University, M.S., Taxation
  • Florida International University, B.A., Accounting, cum laude
Bar Admissions/Licenses
  • Florida
Court Admissions
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
Memberships
  • Hispanic National Bar Association
  • Cuban American Bar Association
  • American Bankruptcy Institute (ABI) Caribbean Insolvency Symposium, Advisory Board Member since 2012
  • Bankruptcy Bar Association for the Southern District of Florida
  • Cuban-American Certified Public Accountant Association
  • The Florida Bar
  • American Bar Association
Honors & Awards
  • The Best Lawyers in America guide, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation - Bankruptcy, 2018-2022
  • Florida Legal Elite, Florida Trend magazine, 2015, 2016 
  • Order of the Coif
  • University of Miami Inter-American Law Review, Managing Editor
  • 1L Moot Court Competition Semifinalist and received Honors in both the Litigation Skills and Alternative Dispute Resolution Programs
  • Book Award, Contracts
  • Book Award, Federal Income Tax
  • Book Award, Corporate Tax
  • Thomas E. and Dorothy Bartshe McDougall Merit Based Scholarship, University of Miami School of Law
Spoken Languages
  • English
  • Spanish