Leanne Prendergast

Partner | Litigation

About

Leanne has more than 25 years of bankruptcy experience. Her debtor’s counsel experience includes the Chapter 11 cases of Winn-Dixie Stores, Inc., and 23 of its affiliates, which restructured more than $2 billion of debt. She has represented debtors, creditors and trustees in a broad range of Chapter 11, Chapter 7 and Chapter 12 litigation, including automatic stay, cash collateral, confirmation and dischargeability issues, claims objections, the enforcement of the permanent injunction and prosecuting and defending fraudulent transfer and preference actions.

  • Leanne also has significant experience in commercial and insolvency litigation and appeals, E-discovery, mediation, receiverships, foreclosures, assignments for the benefit of creditors and Fair Debt Collection Practices Act litigation.

    Leanne represents large and small businesses, banks, creditors, debtors, trustees, receivers and assignees at the trial and appellate levels in state courts throughout Florida and in federal courts throughout the country. She collaborates with clients to develop effective strategies to successfully and efficiently manage litigation and resolve legal challenges.


Practices

  • Bankruptcy, Financial Restructuring, and Reorganization

  • Commercial Litigation

Admissions

  • Florida

  • U.S. Court of Appeals for the Eleventh Circuit

  • U.S. District Courts for the Northern, Middle and Southern Districts of Florida


Education

  • University of Florida, J.D., with honors, 1995

  • University of North Florida, B.A. magna cum laude, 1992

  • Certified E-Discovery Specialist by the Association for Certified E-Discovery Specialists


Professional Associations

  • District-Wide Steering Committee, U.S. Bankruptcy Court, Middle District of Florida

  • International Women’s Insolvency & Restructuring Confederation (“IWIRC”)

  • American Bankruptcy Institute (“ABI”)

  • Advisory Committee, ABI Southeast Bankruptcy Workshop

  • Association of Certified E-Discovery Specialists

  • Jacksonville Bankruptcy Bar Association


Honors and Awards

  • Lawyer of the Year, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law – Best Lawyers of America - 2024

  • Trailblazer Award - IWIRC Florida - 2019

  • Unsung Shero - Women’s Center of Jacksonville - 2016

  • Leadership Summit Delegate - IWIRC - 2016, 2015, 2014

Experience

  • FisherBroyles, LLP

  • Smith Hulsey & Busey


Representative Litigation Experience

  • Successfully defended through summary judgment and appeal:

    • a $47 million fraudulent transfer action against a Fortune 500 company; and

    • a $9 million fraudulent transfer action against a charitable organization

  • Recently litigated a $10 million fraudulent transfer action in bankruptcy court (decision not yet issued)

  • Managed personal injury, property damage, premises liability, employment and landlord claims in the Chapter 11 cases of Winn-Dixie Stores, Inc. and 23 affiliates, which restructured more than $2 billion in liabilities

  • Designed, obtained court approval of and supervised a claims resolution procedure requiring in-person mediation of over 3,800 personal injury, property damage, premises liability and employment claims asserting liabilities in excess of $250 million

  • Litigated and won claims objections based upon the novel argument that the filing of proofs of claims in bankruptcy did not satisfy the state statute of limitations applicable to the underlying causes of action

  • Favorably resolved thousands of claims through negotiation, mediation, objection and litigation

  • Used e-discovery to find smoking gun evidence proving a bankruptcy case was filed in bad faith, resulting in the dismissal of the case

  • Defended The Charter Company from CERCLA, mesothelioma and benzene claims based upon contaminations and exposures which predated Charter’s 1984 bankruptcy but which did not manifest in injuries until the 2000s, including winning summary judgment holding such claims were discharged in Charter’s bankruptcy and that publication notice effected due process

  • Part of the team which, on behalf of Wilmington Trust, challenged the priorities of 354 mechanic liens asserted against approximately $100 million of proceeds from the sale of the Fontainebleau Las Vegas to Carl Icahn

  • Participated in a three-week jury trial on behalf of Citibank asserting fraud and apparent agency claims and in the defendant’s appeal of the verdict

  • Prevailed in the trial and appeal of unjust enrichment claims

  • Obtained quiet title judgments declaring restrictive covenants on commercial real estate unenforceable

  • Foreclosed on and secured the return of tractor-trailers

  • Participated in the prosecution and mediated resolution of a will contest in an estate exceeding $100 million

Presentations and Teaching Experience

  • Update on Third Party Releases, Injunctions and Bar Orders, ABI Annual Alexander L. Paskay Memorial Bankruptcy Seminar, February 21, 2023

  • Technology Boom or Bust: Practicing Bankruptcy in a Brave New World, Jacksonville Bankruptcy Bar Association Annual Seminar, August 19, 2022

  • Business Bankruptcy Legal Update, ABI Annual Alexander L. Paskay Memorial Bankruptcy Seminar, March 26, 2021

  • Subchapter V Bankruptcy Cases One Year In, IWIRC Florida April 30, 2021

  • Conducting Court During Safer at Home, IWIRC Florida, June 2020

  • Business Bankruptcy Legal Update, ABI Annual Alexander L. Paskay Memorial Bankruptcy Seminar, February 6, 2019

  • Supreme Court Review and Recent Case Law Update, ABI Annual Alexander L. Paskay Memorial Bankruptcy Seminar, February 4, 2017

  • Bankruptcy Battle Royale: Lift Stay Battles, Financial Poise webinar, April 4, 2017

  • E-Discovery in Bankruptcy, Jacksonville Bankruptcy Bar Association Annual Seminar, August 2015