Ms. Laudy Luna is a Bankruptcy / Litigation Counsel of the Firm and heads the Bankruptcy Practice. Ms. Luna is also a member of the Firm’s Litigation Department. Ms. Luna joined the Firm in 2010. Prior to joining the Firm, Ms. Luna was an associate with a well-known boutique firm in Miami, concentrating in the areas of bankruptcy, creditors’ rights, and commercial litigation. While Ms. Luna focuses her practice on the representation of creditors’ rights in bankruptcy, she also works on complex commercial litigation matters outside of bankruptcy courts.
Ms. Luna has been both lead counsel and co-counsel in several bankruptcy trials which have resulted in satisfactory judgments for her clients. Ms. Luna has represented clients in several bankruptcy appeals which have resulted in favorable opinions for her clients. Ms. Luna was part of the team which represented a creditor’s right in all of the Bankruptcy Courts in Florida which ultimately resulted in the Supreme Court Opinion in Bank of America N.A. v. Caulkett, 135 S. Ct. 1995 (2015) on the issue of whether a Chapter 7 debtor may avoid junior mortgage lien on the debtor’s property under 11 U.S.C. § 506(d). Ms. Luna was also lead counsel in Bank of America v. Rodriguez, 558 B.R. 945 (2016) where an opinion in her client’s favor was entered on the issue of whether a debtor who had previously expressed her intent to reaffirm a debt but failed to do so implicitly surrendered her interest in real property and therefore “surrendered” her interest in same so to prevent the debtor from defending a state foreclosure action.
Ms. Luna’s experience includes:
Representation of financial institutions in complex residential and commercial foreclosures of real and personal property, including defense of counterclaims.
Representation of secured and unsecured creditors in Chapter 7, Chapter 11, Chapter 12 and Chapter 13 cases.
Representation of Defendants in bankruptcy adversary proceedings.
Representation of judgment creditors in collection matters, including enforcement of post-judgment remedies.
Representation of creditor-Defendants in Fair Debt Collection Practices Act, Florida Consumer Collection Practices Act, and Telephone Consumer Protection Act cases both in state and federal courts.