Bruce J. Zabarauskas
Partner
Bruce J. Zabarauskas
214.969.2511
Overview
Bruce Zabarauskas is a bankruptcy attorney and commercial litigator whose practice includes representation of institutional lenders, such as national banks, special servicers and investment banks, in Chapter 11 bankruptcy proceedings and commercial real estate foreclosure matters. Based in Holland & Knight's Dallas and Newport Beach offices, Mr. Zabarauskas is a member of the Texas, California and New York Bars and actively practices in each of those jurisdictions.
Mr. Zabarauskas has substantial experience, at both the trial and appellate levels, litigating corporate breach of fiduciary duty, breach of contract, defamation and First Amendment issues. He also has extensive experience litigating issues in the professional boxing industry in which he has represented professional boxers, managers and promoters in proceedings throughout the United States before federal and state courts, the Court of Arbitration for Sport, the California State Athletic Commission and the American Arbitration Association.
In addition, Mr. Zabarauskas has authored numerous articles on federal bankruptcy law and has been retained as an expert witness in connection with a multitude of bankruptcy-related issues.
Representative Experience
- Confirmed secured lender's Chapter 11 liquidating plan in a real estate case in the U.S. Bankruptcy Court for the Southern District of New York with respect to a mixed-use commercial and residential building, which incorporated a settlement of a 12-year-old class action lawsuit, and crammed down debtor's equity holder
- Representation of institutional lenders in Chapter 11 single-asset real estate bankruptcy cases in connection with proceedings to vacate the automatic stay or dismiss the debtor’s Chapter 11 case
- Obtained dismissal with prejudice of a Chapter 11 bankruptcy case filed by a nationally franchised hotel in Fort Worth 20 days after commencement of the bankruptcy case
- Obtained dismissal with prejudice of a Chapter 11 bankruptcy case filed by the owner of 26 residential properties in Dallas and Tarrant counties in Texas 54 days after commencement of the bankruptcy case, including in rem relief
- Obtained dismissal with prejudice of a Chapter 11 bankruptcy case on behalf of lender holding a $62 million claim secured by an office complex located in Houston
- Obtained an order approving the sale of an office building in Dallas for $65 million following an evidentiary hearing before the U.S. Bankruptcy Court for the Northern District of Texas
- Obtained entry of orders maintaining state court receiverships during two real estate bankruptcy cases in the Northern District of Texas
- Defeated confirmation of the debtor’s proposed Chapter 11 cram-down plan of reorganization following trial before the U.S. Bankruptcy Court for the Central District of California and obtained dismissal of the bankruptcy case with prejudice and with in rem relief with respect to a future bankruptcy filing concerning the property at issue
- Obtained relief from the automatic stay from the U.S. Bankruptcy Court for the Central District of California in connection with an office building located in Houston
- Obtained payment on behalf of a secured creditor in connection with a Chapter 11 bankruptcy case filed in the U.S. Bankruptcy Court for the Central District of California by the owner of two shopping centers in Huntington Park, California
- Obtained confirmation of secured lenders' liquidating plans of reorganization on numerous occasions in bankruptcy proceedings pending before the U.S. Bankruptcy Courts for the Southern and Eastern Districts of New York
- Representation of landlords and other parties in interest in major retail, fitness and entertainment industry bankruptcy cases, including Pier One Imports, Tuesday Morning, Gold's Gym, 24 Hour Fitness and Chuck E. Cheese
- Representation of plaintiffs in state court commercial real estate foreclosure proceedings and breach of contract and guaranty actions
- Obtained a $60 million judgment from the U.S. District Court for the Southern District of New York against the guarantor of a commercial loan based upon violation of non-recourse carve-out contained in a guaranty caused by the borrower's Chapter 11 bankruptcy filing
- Representation of the Creditors Committee in a professional malpractice action against an appraiser and attorneys retained pre-bankruptcy by a Chapter 11 debtor
- Obtained summary judgment dismissing legal malpractice claims asserted by a Chapter 7 debtor in an action before the U.S. Bankruptcy Court for the Southern District of New York
- Obtained a multimillion-dollar settlement for a client in a professional malpractice action against an accounting firm in California Superior Court
- Obtained summary judgment on behalf of the plaintiff in a declaratory judgment action relating to the ownership of intellectual property in an action before the U.S. Bankruptcy Court for the Northern District of California
- Obtained dismissal from New York state court of a breach of fiduciary duty action arising from the alleged conversion of intellectual property
- Obtained a temporary restraining order from a New York state court in connection with the representation of the plaintiff in a shareholder dispute relating to the ownership of a specialized travel agency
- Obtained a ruling from the Court of Arbitration for Sport in favor of the World Boxing Council (WBC) heavyweight boxing champion, which struck down the WBC's Order requiring the champion to make a mandatory title defense against the No. 6-ranked challenger
- Obtained dismissal of breach of contract claim asserted against the International Boxing Federation (IBF) heavyweight boxing champion and a California-based boxing promotion company in connection with a breach of contract action arising from an alleged oral contract for a heavyweight title fight at Madison Square Garden in New York
- Successfully obtained the termination of a professional boxing promotion agreement on behalf of the IBF featherweight boxing champion in connection with proceedings before the California State Athletic Commission
- Obtained dismissal of a breach of contract action before the U.S. District Court for the District of Nevada with respect to a proposed Mike Tyson fight in Malaysia
- Represented the challenger in negotiation of agreements relating to welterweight championship fight against Floyd Mayweather Jr.
- Represented a National Football League (NFL) quarterback in a Chapter 11 bankruptcy case pending before the U.S. Bankruptcy Court for the Eastern District of Virginia
- Represented amicus curiae before the California Court of Appeals in obtaining reversal of an order dismissing plaintiff's free speech claims under the California State Constitution against a shopping center
- Represented the appellee in successfully obtaining an order from the New York State Appellate Division, affirming the dismissal of breach of fiduciary duty claims brought against the client in a shareholder dispute
- Successfully represented an environmental response trust in obtaining reversal from the U.S. Court of Appeals for the Sixth Circuit of lower court's dismissal of environmental claims asserted by the client against major metropolitan utility
Credentials
Education
- New York University School of Law, J.D.
- New York University, B.A.
Bar Admissions/Licenses
- California
- New York
- Texas
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of California
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of California
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of New York
- U.S. District Court for the Western District of Texas
Memberships
- American Bankruptcy Institute, Real Estate Committee, Business Reorganization Committee and Bankruptcy Litigation Committee
Honors & Awards
- Stand-out Lawyer, Thomson Reuters, 2024
- Southern California Super Lawyers magazine, 2019-2020
- New York Metro Super Lawyers magazine, 2013-2020