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While the automatic stay arises under a single federal statute, its application is not always uniform. Section 362 of the Bankruptcy Code applies nationwide, but its operation often depends on non-bankruptcy law, circuit precedent, and how a court characterizes a creditor’s post-petition conduct. A step framed as preserving an existing right may be treated, in another jurisdiction or under a different statutory structure, as creating, enforcing, or exercising control over pro

de Souza Legal, P.A. is pleased to announce that its founder, Dain de Souza, will continue serving as Co-Chair of the Bankruptcy Law Committee of the Miami-Dade Bar for the 2026–2027 Bar year. The Bankruptcy Law Committee serves as a forum for fostering engagement within the bankruptcy and restructuring bar, including in Miami and throughout South Florida. Through continuing legal education (CLE) programming, discussion among practitioners, and collaboration on emerging issue

de Souza Legal, P.A. is pleased to announce that its founder, Dain de Souza, has been selected to the 2026 Florida Super Lawyers list and recognized for Business Bankruptcy. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawye

For businesses facing financial distress, the question is often not whether to sell, but how. The answer can shape the entire transaction. An out-of-court sale may offer speed, privacy, and flexibility. A Chapter 11 sale may offer a cleaner path to closing, broader buyer interest, greater certainty, and a more durable allocation of risk. Depending on the circumstances, the transaction may also proceed through a receivership, assignment for the benefit of creditors, or another

de Souza Legal, P.A. is a sponsor of Florida Law Con 2026 , a statewide legal conference featuring continuing legal education (CLE) programming across a range of practice areas. Founder Dain de Souza will participate as a panelist in “When Business Partners Go Broke: The Insolvency Paths That Matter.” The panel will address business insolvency, restructuring, and bankruptcy pathways , including out-of-court workouts, Chapter 11, Subchapter V, and assignments for the benefit

de Souza Legal, P.A. is pleased to serve as a sponsor of United Way Miami’s Leaders Day of Action 2026 , an initiative that brings together professionals across Miami-Dade County for a day of hands-on community engagement. Leaders Day of Action reflects United Way Miami ’s ongoing efforts to mobilize volunteers and resources in support of education, health, and economic stability throughout the region. The firm’s involvement aligns with its broader commitment to the communiti

What Is a Bankruptcy Adversary Proceeding? For those not well acquainted, bankruptcy can sound like a single, linear process: a company files a petition, the automatic stay takes effect, and the case moves toward reorganization, liquidation, or confirmation. In practice, bankruptcy also centralizes disputes—and an adversary proceeding is one of the main ways parties litigate a separate lawsuit inside the bankruptcy case. A filing often centralizes disputes in one court. Claim

With headlines often focused on debtors in large corporate Chapter 11 filings, it is easy to assume that business distress presents itself in a single, uniform way. In practice, it rarely does. It can reach beyond the company at the center of a restructuring and into the operations of vendors, lenders, landlords, investors, and other business partners tied to that enterprise. As restructuring advisors, we have often worked with both sides of that equation—with companies consi