Elizabeth M. Bohn
Partner

Florida

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, creditors' rights and bankruptcy. She has over 20 years' experience representing banks, finance companies, lenders and other corporate clients in state, federal and bankruptcy court litigation.

She is a frequent speaker on loan workouts, creditors' rights and bankruptcy law. She has also lectured on federal and state consumer protection laws, secured transactions, and enforcement of judgments.

Ms. Bohn counsels financial service industry clients in loan workouts, risk and loss mitigation and recovery, and represents them in all Florida state, federal and bankruptcy courts, enforcing their contractual, statutory, and equitable rights, and defending individual and class action claims alleging FDCPA, FCRA, FCBA and state collection practices law violations.

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 a GPS vendor 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 dealer, and in state court litigation after obtaining stay relief, resulting in repossession of all collateral and collection of entire debt.

Representative Matters

• National Auto Lenders, Inc. v. Syslocate, Inc. et al, Southern District of Florida case No. 09-21765 (Represent retail installment lender in claims against seller and provider of GPS locating service for defective GPS locating devices installed in over $20 million of vehicle collateral)
• In re Northlake Foods, Inc. Middle District of Florida, bankruptcy case No. 8:08-BK-14131- (Represent over 50 landlord/franchisees of debtor in Chapter 11 bankruptcy)
• Drossin v. Medicredit, Inc., Southern District of Florida case No. 09-CV-61474 (defense of class action alleging violations of Fair Debt Collection Practices Act)
• Equilease Financial Services Inc. v. Perco, Inc. Miami Dade Circuit Court Case No. 07-46969, complex litigation division (represented equipment financier in claims against former dealer for breach of contract and fraud in sale of $17 million in equipment finance leases)
• Liberty Bank v. Maranatha Properties, Inc., Marion County Circuit court, Case 09-2522 (represented secured lender against landlord in successful suit to defeat landlord's lien and recover collateral in commercial warehouse)
• Flex Fund Financial Services LLC v. GJS Investments, inc., et al, Miami-Dade Circuit Court, Case No. 07-45906 complex litigation division (represented floor plan lender in collection of note and recovery of inventory)
• De Armas v. American Express, et al; Case NO. 07-CV-60866, District Court, Southern District, Florida. (defended bank in claims for violation of Fair Credit Reporting Act)
• Gordon v. Macy's et al, 07-CV-60926, District Court, Southern District of Florida. (defended bank in claims for violation of Fair Credit Reporting Act)
• Automotive Finance Corporation v North Lauderdale Auto Sales and William A. Gray. Broward Circuit Court Case No: 06-06026 (represented floor plan lender in collection against defunct dealer and guarantor, judgment against guarantor affirmed on appeal to 4th DCA)
• In re: Auto Image Motor Cars, Case No. 9:06-bk-03881-ALP Bankruptcy Court, Middle District of Florida; (represented floor plan lender in Chapter 11 bankruptcy proceedings)
• Automotive Finance Corporation vs. Auto Image Motor Cars, Inc, et al , Lee County Circuit Court Case No. 06-CA-003976 (represented floor plan lender in state court replevin with recovery of all vehicles after obtaining order lifting stay in bankruptcy case)
• Society of Lloyd's vs. various names, Southern District of New York. Successfully domesticated and collected over $1 million in English judgments obtained by the Society of Lloyd's against United States names.
• Automotive Finance Corporation vs. Carl Vasile. Bankruptcy Court, Middle District, Florida, case # 02-01465-3F7 In adversary proceeding in bankruptcy court, established debt to floor plan lender client was non dischargeable as procured by fraud of debtor.
• Household Automotive Finance Corporation vs. Delois Hollinger., Obtained reversal of bankruptcy court ruling setting cramdown interest rate on consumer car loan in Chapter 13 case.
• Gath v. St. Lucie County-Fort Pierce Fire District, et al. Florida appellate court affirmed summary judgment obtained for alarm company in wrongful death case arising from accident with fire truck dispatched by alarm company.
• Plural Realty Inc., v. Michael Bende, Bankruptcy court, Southern District of Florida. Successfully represented bank in adversary proceeding against debtor to establish easement in property abutting property encumbered by mortgage.
• Steve Saks v. National Cas. Co., Florida appellate court affirmed summary judgment obtained against insured based on mysterious disappearance clause in policy covering horse.

Speeches and Publications

• 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" teleconference CLE program, Strafford Publications, 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.