About The Firm

Messana, P.A. is a South Florida based business solutions law firm.  We have become well recognized for our resourceful and practical approach to representing clients and for crafting tailored legal strategies aimed at maximizing benefit and minimizing risk and uncertainty. We dedicate our practice principally to distressed business situations, including corporate restructurings and reorganizations, liquidations, troubled loan workouts, state and federal insolvency proceedings and commercial litigation, including litigation and appeals arising from insolvency proceedings.

We are also often retained as co-counsel in general corporate litigation proceedings when issues of bankruptcy or insolvency arise and when issues of conflict or waiver complicate the representation of a party.

Our clients span across virtually all industries and include operating businesses, such as nursing facilities, water and wastewater utilities, real estate developers and construction companies, restaurateurs, condominium associations, and receivers in the corporate and matrimonial context.  We represent small, midsized and large businesses, secured, and unsecured creditors, creditors’ committees, equity holders, officers, directors, chief restructuring officers, and court-appointed fiduciaries.

The attorneys at Messana, P.A. focus on client goals and objectives.  By communicating directly with our clients, we are able to efficiently understand both the general framework of the engagement and the legal nuances which may prove paramount in any given case.  As a boutique law firm, we distinguish ourselves by delivering exceptional client service at significant value.

Our attorneys have been recognized by both peers and independent third parties for their legal acumen.  In addition to the high caliber of their representation, Messana, P.A. understands the economic aspect of legal representation and strives to handle complex matters with efficiency while navigating to a successful resolution.

Business Bankruptcy Reorganizations, Financial Restructurings and Insolvency Alternatives

Messana, P.A.’s attorneys rely on their knowledge, experience, and judgment to fashion alternatives to bankruptcy where out-of-court restructurings might maximize value to clients.   In analyzing our clients’ particularized circumstances, we assess whether an out-of-court restructuring, organized Chapter 11 bankruptcy or other option best fulfills our clients’ objectives.  

When necessary, Messana, P.A. advises and guides distressed businesses through reorganization employing Chapter 11 of the United States Bankruptcy Code.  Our attorneys have formulated, confirmed and instituted Chapter 11 plans, and structured consensual dismissals, and can perform every aspect of a Chapter 11 bankruptcy proceeding from preparing the petition through post-confirmation litigation. 
Additionally, our attorneys have experience with Chapter 15 international insolvency proceedings and understand the affects of international law further complicating the relationship between debtors and creditors.

Complex Commercial and Bankruptcy Litigation

In addition to complex corporate restructuring proceedings, our attorneys are also experienced litigators. Messana, P.A. handles litigation at the state and federal level, including bankruptcy-related adversary proceedings such as avoidance actions and appeals.  Our attorneys have experience representing parties in all facets of adversary proceedings including representation of debtors, creditors, trustees, and other parties-in-interest.

Creditors’ Rights

Messana, P.A. also represents creditors in a variety of circumstances.  Our attorneys have experience representing secured creditors and unsecured creditors in advancing their legal and equitable interests within state and federal insolvency proceedings, as well as counseling as to creditors’ rights before a formal proceeding is instituted by the debtors. 

Our attorneys also have extensive experience defending creditors in bankruptcy-related avoidance actions including fraudulent transfer and preference actions. 

Business and Asset Sales

The attorneys at Messana, P.A. assist both sellers and buyers of distressed property.  Whether representing a potential seller or purchaser of a distressed asset or business, we understand the distinction between the going-concern value and the value of particular assets. If a sale of an operating business is the most viable option, Messana, P.A. has the tools to assist clients in transferring distressed business interests.  Alternatively, for either the buyer or seller, we are able to facilitate an orderly liquidation or other advantageous means of disposing and maximizing the value of both tangible and intangible assets.

Representation of Professional Fiduciaries

In addition to representing traditional litigants, Messana, P.A. is regularly engaged by court-appointed receivers, assignees, turnaround specialists and chief restructuring officers, trustees, and liquidating trustees.  We understand the unique obligations imposed on professional fiduciaries and the constraints of their relative resources.  Our experience, attention to detail, and understanding of applicable insolvency law are often invaluable tools for professional fiduciaries.  We assist professional fiduciaries and support their efforts in satisfying their particularized duties including, among other things, advancing litigation, fulfilling reporting duties, carrying on day-to-day operations, and minimizing litigation risks and exposure.

Alternative Dispute Resolution

Mr. Messana serves as a mediator of business and bankruptcy disputes.  He has successfully facilitated resolutions of a broad spectrum of disputes including: contract disputes, preference and fraudulent transfer actions, director & officer liability actions, and other business litigation issues

As a mediator, Mr. Messana relies on his 20+ years of bankruptcy and litigation experience as well as his 10+ years as an advocate and lobbyist for various constituencies.

Foremost, Mr. Messana empowers litigants to reach accord by simplifying complicated legal positions and explaining the consequences of alternative decisions.  Mr. Messana works tirelessly to give opponents the best opportunity to find common ground and reach settlement.

In addition to resolving litigation disputes, Mr. Messana also acts as a transaction facilitator.  In this capacity, Mr. Messana assists parties in reaching consensus on the details of purchase and sale contracts (and related motions seeking their approval) of distressed assets.

Whether in the bankruptcy context or not, Mr. Messana is skilled at overcoming obstacles and developing win-win strategies for prospective deal partners.   

Awards & Recognition

Awards & Recognition