Overview

Edward M. Fitzgerald is a litigation attorney in Holland & Knight's Orlando office. Mr. Fitzgerald practices in the area of bankruptcy, creditors' rights and commercial litigation. He focuses on the representation of financial institutions and other creditors, including commercial banks, corporations, commercial landlords and receivers.

In his bankruptcy practice, Mr. Fitzgerald has experience representing creditors in complex Chapter 7, 11 and 13 cases. He also frequently represents business clients in state and federal court litigation, including suits to recover monies owed, foreclosures, breach of contract, commercial evictions, injunctions, fraudulent transfer recovery, and replevin actions. Additionally, Mr. Fitzgerald often represents lenders in connection with the workout of problem loans and debt restructuring.

Representative Experience

  • Represented secured and unsecured creditors in complex Chapter 11 cases resulting in full payment of creditors' claims
  • Represented numerous defendants in bankruptcy-related adversary proceeding avoidance actions, including preference actions and fraudulent transfer actions
  • Represented a primary secured lender of commercial airplane charter company in contested confirmation of Chapter 11 plan
  • Represented the second-largest international timeshare operator in numerous state court actions and adversary proceedings
  • Represented a creditor through trial in objection to discharge adversary proceeding resulting in an order denying the debtor's discharge
  • Represented a Canadian bankruptcy trustee in Chapter 15 case regarding recognition of foreign proceedings in order to recover assets fraudulently diverted into the United States
  • Represented a federal court-appointed receiver over timeshare resale companies sued by Federal Trade Commission (FTC) for deceiving timeshare owners
  • Represented a commercial lender in foreclosure and sale of multimillion-dollar warehouse facility, including the appointment of a receiver to operate the facility during the pendency of the action
  • Represented a national mortgage loan servicer in trial of contested foreclosure resulting in a final judgment in favor of the servicer
  • Represented a commercial lender in foreclosure and Uniform Commercial Code (UCC) Article 9 sale of equipment and inventory
  • Represented numerous landlords and tenants in breach of lease and eviction actions

Credentials

Education
  • Stetson University College of Law, J.D., with honors
  • University of Florida, B.S., Business Administration
Bar Admissions/Licenses
  • Florida
Court Admissions
  • U.S. District Court for the Northern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Southern District of Florida
  • All State Courts in Florida
Memberships
  • American Bar Association Young Lawyers Division, Bankruptcy Committee, Chair, 2012-2013
  • American Bar Association, Delegate for the State of Florida to the Young Lawyers Division General Assembly, 2010-2013
  • American Bar Association, Business Law Section, Fellow, 2014-2016 Class
  • American Bar Association, Business Law Section, Business and Corporate Litigation Committee
  • Central Florida Bankruptcy Law Association
  • American Lung Association, Central Florida Advisory Board Member, Chair 2016-2017
Honors & Awards
  • Rising Star, Florida Super Lawyers magazine, 2013-2018
  • "Up and Comer," Florida Legal Elite, Florida Trend magazine, 2015, 2016 

Publications

Speaking Engagements

News