Paul A. Giordano

Shareholder
Fort Myers
2320 First Street
Suite 1000
Fort Myers, FL 33901
P 239.338.4267
F 239.337.0970
P 239.338.4267 | F 239.337.0970

Overview

Paul handles a variety of business, commercial and banking litigation, with a special focus on bankruptcy & creditors' rights, troubled debt restructuring, workouts, and related litigation, partnership disputes, commercial foreclosures, contract and corporate disputes, construction liens, real estate dispute litigation, and general and professional liability lawsuits. He regularly assists national, regional and community banks in stabilizing distressed commercial and industrial properties, from negotiating pre-foreclosure agreements to advocating for the appointment of receivers and judicial sales. He also has experience in insurance coverage litigation, and jury and non-jury trial practice.

Experience
  • Counsel to various financial institutions and banks on liquidation of collateral, court-appointed receiverships, prejudgment writs of replevin, as well as restructuring and workouts on large non-performing commercial loans
  • Represented national lender in multi-million dollar Chapter 11 Bankruptcy; protected and enforced cash collateral rights of lender leading to a refinance of the debt and recovery post-confirmation of Plan of reorganization
  • Represented lender in individual Chapter 7 Bankruptcy; successfully resolved dispute regarding priority of liens with competing secured creditor leading to full recovery for lender upon liquidation of debtor’s principal asset
  • Dismissal of lender liability claims against large regional banking institution
  • Successfully prosecuted multimillion dollar foreclosure and defended several lender liability counterclaims
  • Successfully tried a quiet title action to verdict and defended easement counterclaims asserted for over 80 years by defendants
Services

Industries

Education

  1. University of Florida, B.A.
  2. University of Florida Levin College of Law, J.D.

Credentials

Bar Admissions
  1. Florida
Court Admissions
  1. U.S. Bankruptcy Court, Middle District of Florida
  2. U.S. Bankruptcy Court, Northern District of Florida
  3. U.S. Bankruptcy Court, Southern District of Florida
  4. U.S. Court of Appeals, Eleventh Circuit
  5. U.S. Court of Federal Claims
  6. U.S. District Court, Middle District of Florida
  7. U.S. District Court, Northern District of Florida
  8. U.S. District Court, Southern District of Florida

Recognitions

  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Rated AV® Preeminent™ by Martindale-Hubbell – Judicial Edition, 2016-2018, 2021
  • Named to The Best Lawyers in America® for Litigation - Bankruptcy (2018-2024); Litigation - Real Estate (2020-2024); Commercial Litigation (2023-2024); Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2023-2024); Construction Law (2024)
  • Selected as a "Florida Super Lawyer" by Florida Super Lawyers magazine (2015-2023)
  • Selected as a "Florida Super Lawyers - Rising Star" by Florida Super Lawyers magazine (2011-2013)
  • Selected as Florida Trend's "Legal Elite" for Bankruptcy & Workout (2013 and 2016) and Commercial Litigation (2018-2019, 2021-2022)
  • Selected as Naples Illustrated "Top Lawyer" - Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2019, 2021-2022); Business Litigation (2022)

Affiliations

Professional Affiliations
  • Twentieth Judicial Circuit Judicial Nominating Commission (2023-2027)
  • American Bar Association (2004-2013)
  • American Bankruptcy Institute
  • Coastal Conservation Association of Florida
    • Chairman (2016); Vice-Chairman (2015)
    • President (2014)
    • Government Relations Committee (2008 - 2013); State Board Member (2008 - 2013)
  • Federal Bar Association
  • Florida Bar Association
  • Lee County Bar Association
  • Lee County Federal Bar Association
  • Southwest Florida Bankruptcy Professional Association, President (2014); Vice President (2013); Secretary (2012)
  • Tampa Bay Bankruptcy Bar Association
  • The Bankruptcy Legal Education Series Foundation, Inc., Treasurer (2014-2015); President and Chairman of the Board (2013-2014)
  • Mortgage Bankers Association of Southwest Florida

Insights

  1. Alerts
    Third-Party Releases Are Not Consistent with Bankruptcy Code: Creditors Can Still Maintain Direct Claims (Dec 22, 2021)
    Huge Win for Private Student Loan Borrowers (Jul 20, 2021)
    Tenants Get at Least a Week’s Breathing Room Under Continuing Eviction Moratorium (May 6, 2021)
    Federal Judge Vacates CDC Eviction Moratorium (May 5, 2021)
    The Eleventh Circuit Decides that Chapter 11 Debtors in Possession Cannot Receive Loans Under the Paycheck Protection Program (“PPP”) (Jan 6, 2021)
  2. Presentations
    "Consumer Potpourri: Hot Topics in Chapter 13; Panel discussion of issues affecting your consumer clients: consequences of assumption and rejection of executory contracts; Chapter 13 update; the incapacitated client; undisclosed assets; proofs of claim and FDCPA; TCPA; revisions to Bankruptcy Rules; advising your clients on post-discharge liabilities; report on the ABI Consumer Commission’s Chapter 7 Committee" - Panelist, Alexander L. Paskay Memorial Bankruptcy Seminar (2018)
    "What Ever Happened to Pre-Packs/Structured Dismissal?; You Can Check In Any Time You Like But Can You Ever Leave? In & Out Quick; Staying Out of Bankruptcy Court: How to Negotiate a Workout Agreement; Pros and Cons of ABC’s" - Panelist, Alexander L. Paskay Memorial Bankruptcy Seminar (2016)
    "Ethical Dilemmas in the Round, Including Asset Protection, Social Media and Electronic Discovery" - Panelist, Alexander L. Paskay Memorial Bankruptcy Seminar (2015)
    "Bankruptcy Case Law Update" - Southwest Florida Bankruptcy Professionals Association (2014)
    “Pre-Foreclosure Best Practices” - Panelist, Bank & Financial Institutions Special Asset Executive Conference on Real Estate Workouts (2014)
  3. Firm News
    Roetzel & Andress Earns Recognition in 2024 Best Lawyers (Aug 17, 2023)
    Eight Roetzel Attorneys Named 2023 Florida Super Lawyers and Rising Stars (Jun 26, 2023)
    20 Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated (Sep 1, 2022)
    Roetzel Attorneys Recognized in 2023 Edition of The Best Lawyers in America® (Aug 18, 2022)
    Roetzel Attorneys Named 2022 Florida Super Lawyers and 2022 Rising Stars (Jun 24, 2022)

Overview

Paul handles a variety of business, commercial and banking litigation, with a special focus on bankruptcy & creditors' rights, troubled debt restructuring, workouts, and related litigation, partnership disputes, commercial foreclosures, contract and corporate disputes, construction liens, real estate dispute litigation, and general and professional liability lawsuits. He regularly assists national, regional and community banks in stabilizing distressed commercial and industrial properties, from negotiating pre-foreclosure agreements to advocating for the appointment of receivers and judicial sales. He also has experience in insurance coverage litigation, and jury and non-jury trial practice.

Experience
  • Counsel to various financial institutions and banks on liquidation of collateral, court-appointed receiverships, prejudgment writs of replevin, as well as restructuring and workouts on large non-performing commercial loans
  • Represented national lender in multi-million dollar Chapter 11 Bankruptcy; protected and enforced cash collateral rights of lender leading to a refinance of the debt and recovery post-confirmation of Plan of reorganization
  • Represented lender in individual Chapter 7 Bankruptcy; successfully resolved dispute regarding priority of liens with competing secured creditor leading to full recovery for lender upon liquidation of debtor’s principal asset
  • Dismissal of lender liability claims against large regional banking institution
  • Successfully prosecuted multimillion dollar foreclosure and defended several lender liability counterclaims
  • Successfully tried a quiet title action to verdict and defended easement counterclaims asserted for over 80 years by defendants

Education

  1. University of Florida, B.A.
  2. University of Florida Levin College of Law, J.D.

Credentials

Bar Admissions
  1. Florida
Court Admissions
  1. U.S. Bankruptcy Court, Middle District of Florida
  2. U.S. Bankruptcy Court, Northern District of Florida
  3. U.S. Bankruptcy Court, Southern District of Florida
  4. U.S. Court of Appeals, Eleventh Circuit
  5. U.S. Court of Federal Claims
  6. U.S. District Court, Middle District of Florida
  7. U.S. District Court, Northern District of Florida
  8. U.S. District Court, Southern District of Florida

Recognitions

  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Rated AV® Preeminent™ by Martindale-Hubbell – Judicial Edition, 2016-2018, 2021
  • Named to The Best Lawyers in America® for Litigation - Bankruptcy (2018-2024); Litigation - Real Estate (2020-2024); Commercial Litigation (2023-2024); Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2023-2024); Construction Law (2024)
  • Selected as a "Florida Super Lawyer" by Florida Super Lawyers magazine (2015-2023)
  • Selected as a "Florida Super Lawyers - Rising Star" by Florida Super Lawyers magazine (2011-2013)
  • Selected as Florida Trend's "Legal Elite" for Bankruptcy & Workout (2013 and 2016) and Commercial Litigation (2018-2019, 2021-2022)
  • Selected as Naples Illustrated "Top Lawyer" - Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2019, 2021-2022); Business Litigation (2022)

Affiliations

Professional Affiliations
  • Twentieth Judicial Circuit Judicial Nominating Commission (2023-2027)
  • American Bar Association (2004-2013)
  • American Bankruptcy Institute
  • Coastal Conservation Association of Florida
    • Chairman (2016); Vice-Chairman (2015)
    • President (2014)
    • Government Relations Committee (2008 - 2013); State Board Member (2008 - 2013)
  • Federal Bar Association
  • Florida Bar Association
  • Lee County Bar Association
  • Lee County Federal Bar Association
  • Southwest Florida Bankruptcy Professional Association, President (2014); Vice President (2013); Secretary (2012)
  • Tampa Bay Bankruptcy Bar Association
  • The Bankruptcy Legal Education Series Foundation, Inc., Treasurer (2014-2015); President and Chairman of the Board (2013-2014)
  • Mortgage Bankers Association of Southwest Florida

Insights

  1. Alerts
    Third-Party Releases Are Not Consistent with Bankruptcy Code: Creditors Can Still Maintain Direct Claims (Dec 22, 2021)
    Huge Win for Private Student Loan Borrowers (Jul 20, 2021)
    Tenants Get at Least a Week’s Breathing Room Under Continuing Eviction Moratorium (May 6, 2021)
    Federal Judge Vacates CDC Eviction Moratorium (May 5, 2021)
    The Eleventh Circuit Decides that Chapter 11 Debtors in Possession Cannot Receive Loans Under the Paycheck Protection Program (“PPP”) (Jan 6, 2021)
  2. Presentations
    "Consumer Potpourri: Hot Topics in Chapter 13; Panel discussion of issues affecting your consumer clients: consequences of assumption and rejection of executory contracts; Chapter 13 update; the incapacitated client; undisclosed assets; proofs of claim and FDCPA; TCPA; revisions to Bankruptcy Rules; advising your clients on post-discharge liabilities; report on the ABI Consumer Commission’s Chapter 7 Committee" - Panelist, Alexander L. Paskay Memorial Bankruptcy Seminar (2018)
    "What Ever Happened to Pre-Packs/Structured Dismissal?; You Can Check In Any Time You Like But Can You Ever Leave? In & Out Quick; Staying Out of Bankruptcy Court: How to Negotiate a Workout Agreement; Pros and Cons of ABC’s" - Panelist, Alexander L. Paskay Memorial Bankruptcy Seminar (2016)
    "Ethical Dilemmas in the Round, Including Asset Protection, Social Media and Electronic Discovery" - Panelist, Alexander L. Paskay Memorial Bankruptcy Seminar (2015)
    "Bankruptcy Case Law Update" - Southwest Florida Bankruptcy Professionals Association (2014)
    “Pre-Foreclosure Best Practices” - Panelist, Bank & Financial Institutions Special Asset Executive Conference on Real Estate Workouts (2014)
  3. Firm News
    Roetzel & Andress Earns Recognition in 2024 Best Lawyers (Aug 17, 2023)
    Eight Roetzel Attorneys Named 2023 Florida Super Lawyers and Rising Stars (Jun 26, 2023)
    20 Roetzel Attorneys Recognized as “Top Lawyer” by Naples Illustrated (Sep 1, 2022)
    Roetzel Attorneys Recognized in 2023 Edition of The Best Lawyers in America® (Aug 18, 2022)
    Roetzel Attorneys Named 2022 Florida Super Lawyers and 2022 Rising Stars (Jun 24, 2022)