Fernando J. Menendez, Jr
Shareholder
Fernando J. Menendez, Jr., a Shareholder at Sequor Law, focuses his practice on a broad range of insolvency-related matters, including complex workouts, bankruptcy litigation involving preferences, fraudulent transfers, and complex contested matters, creditors’ rights and remedies, as well as the representation of foreign and domestic court-appointed trustees.
Prior to joining Sequor Law, Fernando was a shareholder at an Am Law 200 firm and began his career at White & Case, LLP. His case experience includes acting as counsel to secured creditors holding more than $30 million in debt in contested Chapter 11 proceedings involving a large parcel of vacant land in downtown Miami.
Fernando’s professional associations and memberships include The Florida Bar Business Law Section; the Bankruptcy Bar Association, Southern District of Florida; and the American Bankruptcy Institute. He was a 2017 fellow of the Leadership Council on Legal Diversity, and an adjunct professor in Florida International University’s Bankruptcy Clinical Program.
Fernando has been recognized by South Florida Legal Guide, Top Up and Comer (2017-2018); Florida Trend, Legal Elite (2008-2016); Chambers USA, Bankruptcy/Restructuring (2016-2017); and has received other honors of note. Recently, he moderated a panel titled “How Much Can You Trust the Litigation Trust?: A Closer Look at the PDVSA U.S. Litigation Trust as an Example of Potential Uses and Misuses of Litigation Trusts” at iLaw2020.
Fernando is admitted to all Florida state courts and the United States District Courts for the Southern and Middle Districts of Florida.
Favorite Quote:
“The only thing necessary for the triumph of evil is for good men to do nothing.” – Edmund Burke
Languages:
- English
- Spanish
Fernando J. Menendez, Jr
Shareholder
Education
- New York University School of Law School of Law, J.D. (2002)
- University of Florida, B.A. (1998)
Admissions
- Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Southern District of Florida
- New York
Professional Associations & Membership
- The Florida Bar, Business Law Section
- Bankruptcy Bar Association of the Southern District of Florida
- American Bankruptcy Institute
- Leadership Council on Legal Diversity, Fellow, 2017
- FIU Bankruptcy Clinical Program, Adjunct Professor
Fernando J. Menendez, Jr
Shareholder
Honors / Achievements
Fernando has received myriad recognitions throughout his career, including:
- Best Lawyers, 2019-2020
- South Florida Legal Guide, Top Up and Comer, 2017-2018
- Chambers USA, Bankruptcy/Restructuring, 2016-2017
- Florida Super Lawyers, Rising Star, 2012-2016
Fernando J. Menendez, Jr
Shareholder
Publications
- “Key Provisions in §363 Sales Orders,” Asset Sales Committee Newsletter, American Bankruptcy Institute, March 2018
Presentations
- US Bankruptcy – Chapter 15, Comparative Law Program, Brazil, November 17, 2020
- Segunda Oportunidad en los Concursos, Instituto Iberoamericano Conference, October 21, 2020
- Panelist, “How Much Can you Trust the Litigation Trust?” iLaw2020 Conference, February 28, 2020
- Panelist, “Article 9 of the Uniform Commercial Code, Avoiding Collateral Damage,” The Florida Bar Business Law Section CLE, April 20, 2018
- “Selling the Sale: Key Provisions in Section 363 Sale Orders,” American Bankruptcy Institute Seminar, April 5, 2018
Fernando J. Menendez, Jr
Shareholder
Representative Experience
- Counsel to secured creditor holding more than $30 million in debt in contested chapter 11 proceeding involving large parcel of vacant land in downtown Miami
- Counsel to unsecured creditor holding multi-million claim in contested chapter 11 proceeding involving reorganization of construction company following fatal bridge collapse incident
- Counsel to pharmaceutical company in contested chapter 11 proceeding of drug manufacturer, including with respect to bankruptcy sale issues, assumption and assignment of executory contracts, and preservation of pre- and post-petition contractual rights
- Counsel to chapter 7 trustee in litigation resulting in the denial of a debtor’s discharge as a result of, among other things, debtor’s failure to disclose interest in $2.7 million bonus found to constitute property of the estate
- Counsel to foreign defendants in federal litigation involving claims for purported violations of, among other things, the Federal Communications Act and the Lanham Act (Trademark and False Designation of Origin)
- Representation of secured creditors challenging debtors’ repeat bankruptcy filings (to avoid foreclosure) resulting in dismissal of both cases on grounds of bad faith and entry of an order barring any further stay of foreclosure proceedings in event of future bankruptcy filings by same debtors
- Counsel to restructuring Mexican paper company in proceeding seeking recognition of foreign bankruptcy proceeding in U.S. and requesting related protections under chapter 15 of the U.S. Bankruptcy Code
- Representation of lender with under-secured claim in chapter 11 case filed by outlet mall in the Southern District of Florida, resulting in negotiations leading to consensual plan and lender’s recovery of outlet-mall property
- Representation of indenture trustee with respect to claims involving $479 million in convertible senior notes issued by Charter Communications
- Representation of lighting company in all stages of negotiation and effectuation of prepackaged plan of reorganization in the District of Delaware
- Acting as part of team representing large shareholder and principal investor in proposed restructuring of Delphi, the spun-off parts manufacturer of General Motors
Fernando J. Menendez, Jr
Shareholder
Attorney Spotlight: Fernando J. Menendez Jr.
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