Elizabeth M. Bohn
Partner

Miami

Email: eb@jordenusa.com
Phone: 305.347.6879
Fax: 305.372.9928

Elizabeth M. Bohn is a partner and trial attorney in the Miami office of JORDEN BURT LLP where her practice focus includes complex commercial litigation, lender defense, creditors' rights and bankruptcy. She has over 20 years experience representing banks, finance companies, credit card issuers, and other retail and commercial lenders in state, federal and bankruptcy court litigation. She is a frequent speaker on loan workouts, creditors' rights and bankruptcy law and has also lectured on federal and state consumer protection laws, secured transactions, and enforcement of judgments.

Ms. Bohn has successfully defended banks and other financial service industry client in individual and class action claims alleging violations of Federal consumer financial protection legislation, including but not limited to Fair Debt Collection Practices Act ("FDCPA"), Fair Credit Reporting Act ("FCRA"), Fair Credit Billing Act ("FCBA"), and Florida state laws applicable to consumer financial transactions and collection practices. She also counsels her clients on compliance with Federal consumer financial protection laws (as modified by the Dodd-Frank Wall Street Reform and Consumer Protection Act), and all Florida state statutes regulating consumer and real estate finance. Ms. Bohn also represents a select number of business clients in complex commercial litigation on matters involving partnership and contractual disputes, claims for fraud, breach of fiduciary duty, conversion, fraudulent conveyances accounting, and other business related claims.

Ms. Bohn chaired the ABA Banking Law Committee's Loan Workouts and Bankruptcy Subcommittee for 5 years, and currently serves as current Vice-Chair of the ABA Commercial Finance Creditors' Rights Subcommittee. A well-known expert in these areas, she is a sought after and frequent speaker on creditors' rights, loan workouts and bankruptcy law.

Recent victories include successfully defending individual and class action claims against consumer bank entities and debt collection agencies in claims for violations of the FDCPA, FCRA, and FCBA; obtaining a Federal Court injunction enjoining the seller of GPS products from enforcing an ex post-facto click-wrap agreement against a retail auto lender; and representing an auto floor plan lender in Chapter 11 bankruptcy of a dealer, and in state court litigation after obtaining stay relief, resulting in repossession of all collateral and collection of entire debt.

Representative Matters

• Defended numerous consumer lawsuits (including class actions) against debt collectors and creditors alleging violations of the FDCPA and Florida Consumer Collection Practices Act, Florida Deceptive and Unfair Trade Practices Act.
• Successfully defended multinational bank card issuer in several consumer cases alleging violations of the Fair Credit Reporting Act, and Fair Credit Billing Act.
• Representing large banks in several multimillion dollar Florida commercial real estate loan foreclosures and workouts involving shopping centers, residential developments, and residential and office condominiums.
• Representing indirect consumer finance lender (purchaser of consumer motor vehicle retail installment paper) in complex Federal Court litigation against seller of GPS locators installed in over $20 million in vehicle collateral in connection with mass failures of GPS locating devices, including claims for breach of contract, breach of express and implied UCC warranties, negligent and fraudulent representation, and unfair and deceptive trade practices.
• Represented bank holding security interest in collateral in commercial warehouse in successful action against landlord to defeat landlord's lien and recover bank collateral in commercial warehouse.
• Represented multinational bank with $7 million New York judgment in enforcement of judgment against Venezuelan national, who moved to Florida and filed bankruptcy to avoid collection activity; discovered fraudulent transfers in bankruptcy resulting in bankruptcy court order denying the debtor a bankruptcy discharge under Sec 727.
• Represented national motor vehicle floor plan financier in numerous complex litigation matters, including collection on notes and guaranties, recovery of inventory, and enforcement of lender rights in dealer bankruptcy.
• Represented commercial landlord/franchisees in bankruptcy of restaurant franchisor, obtaining orders for payment of rent/adequate protection.
• Represent indirect commercial equipment financier (purchase of heavy commercial equipment leases) in claims on leases, and in complex litigation against former dealer for breach of contract and fraud in sale to client of $17 million in equipment finance leases based on fraudulent invoices; settled within 6 months with payment to client.
• Successfully domesticated and collected over $1 million in English judgments obtained by the Society of Lloyd's against United States residents in New York.
• Represented multinational indirect consumer motor vehicle finance bank in numerous actions throughout Florida to recover vehicles, and to protect client's claims in bankruptcy, including successful opposition to consumer efforts to cram down secured claim valuation (before passage of 2005 Bankruptcy Reform Act) and reduce interest rate.
• Successfully represented bank after foreclosure and acquisition of title in commercial property in adversary proceeding against debtor/former owner to establish easement in property abutting property acquired by bank after foreclosure.

Speeches and Publications

• Author and Presenter: "Protecting Creditors' Rights in Bankruptcy" CLE Program, National Business Institute, 2010.
• Author and Presenter: "Commercial Loan Workouts: Forbearance Options and Waivers After Default, Crafting Forbearance Agreements and Correcting Loan Deficiencies to Strengthen the Lender's Position" webinar CLE program, Strafford Publications, April 2010, repeated December 2010.
• Author: "The Commercial Real Estate Loan Workout: Strategies for Minimizing Losses in a Troubled Market," American Bar Association Banking Law Committee Journal, Fall 2009.
• Author and Speaker: "Anatomy of a Loan Workout," CLE program presented by ABA Commercial Finance Committee, ABA Annual meeting, 2009.
• Program Chair and moderator: "News at 11: Update on the Foreclosure Crisis and Mortgage Modification Initiatives: The FDIC, HUD, and FHFA discuss the latest developments," presented by ABA Banking Law, Subcommittee on Loan Workouts and Bankruptcy: ABA Business Law Section meeting, April, 2009.
• Author and Speaker: "Repossession of Personal Property," Foreclosure and Repossession in Florida, CLE seminar, Lorman Education Services, 2008.
• Program Chair: Keeping House & Home Together: New Regulations, Legislation and Strategies for the Consumer Mortgage Industry in the Wake of the Subprime Mortgage Meltdown, CLE program jointly presented by ABA Banking Law, Consumer Financial Services and Consumer Bankruptcy Committees, ABA Business Law Section meeting, April, 2008.
• Author: "Faster, But not Cheaper: Trends and Decisions in Business Bankruptcies after BAPCPA," Business Law Today, Sep-Oct. 2007.
• Author and speaker: "Foreclosure and Repossession in Florida State and Bankruptcy Courts," Lorman Education Services, 2007.
• Author/Speaker: "Safeco v. Burr: Supreme Court decides what a "willful" violation means under Fair Credit Reporting Act," ABA Banking Law Committee Forum, August, 2007 (also published in Consumer Finance Law Quarterly Report, November 2007).
• Author and Speaker: "Bankruptcy Issues in Foreclosures after BAPCPA" and "Special Issues in Commercial Foreclosures." Sterling Educational Services, December, 2006.
• Co-Author and Speaker: "Enforcing Creditors Rights in Florida after the New Bankruptcy Law," Lorman Educational Seminars, September 2006.
• Panelist: "Good Debt Gone Bad: FDCPA and Bankruptcy Traps for Unsecured Creditors," ABA Annual Meeting, August 2006.
• Author: "Time to Reorganize: But how? A look at the new bankruptcy law," Business Law Today, March-April 2006.
• Panelist: "The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 - Practical Impact of the Amendments upon Business, Financial and Transactional Lawyers," CLE program presented by the Commercial Financial Services and Banking Law Committees at the ABA Annual Meeting, August 2005.
• Panelist: "The Bankruptcy Reform Act of 2005: Basics of the Business Related Provisions," CLE program presented by the Business Bankruptcy Litigation Committee at the ABA Annual Meeting, August 2005.
• Author: "Federal and State Laws Regulating Consumer Debt Collection Practices: Traps for the Unwary Nationwide Lender, Loan Servicer, and Debt Collector," American Bankruptcy Institute Journal, April 2005.
• Panelist: "The Loan is not Performing - Now What?," presented by the Loan Workout Subcommittee/Commercial Financial Services Committee at the ABA Business Law Section meeting, April 2005.
• Author and Speaker: "Fundamentals of Bankruptcy Law and Procedures in Florida," National Business Institute, September 2004.
• Author and Speaker: "How to Avoid Costly Mistakes: The Florida Attorney's Guide to Complying with the Fair Debt Collection Practices Act," National Business Institute, 2004, FDCPA for the Florida Practitioner, National Business Institute 2002.
• Author and Speaker: "Proving Fraud in Proceedings Objecting to Dischargeability of Debts under §523(a)(2) and Objections to Discharge under §727 (a)(4) of the Bankruptcy Code," presented by ABA Bankruptcy Litigation/Creditors' Rights Committee at 2003 Annual Meeting.
• Author and Speaker: "Residential and Commercial Evictions in Florida," National Business Institute, 2003.
• Author and Speaker: "How to Get Results in Collection of Delinquent Debts in Florida," National Business Institute, 1995 and 1996.
• Author and Speaker: "Florida Repossession of Personal Property Pre-Bankruptcy," National Business Institute, 1994.
• Author and Speaker: "Fundamentals of Article 2A of the Uniform Commercial Code," Florida Bar CLE Seminar, 1993.