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David E. Otero

50 North Laura Street
Suite 3100
Jacksonville, FL 32202

David Otero is a partner in both the Tax and Bankruptcy & Reorganization Practice Groups. He focuses his practice on state and local tax controversy matters throughout the United States and represents financial institutions, national retailers and other companies in refund actions, audit defense, administrative appeals and litigation including appeals, and related consulting and planning.

David's practice is also focused on representing clients on a nationwide basis in the commercial bankruptcy and creditor's rights area, including financial institutions and other secured creditors, unsecured creditors and creditors' committees, as well as trustees and debtors-in-possession. In addition, he represents financial institutions and other plaintiffs and defendants in related complex commercial litigation and bond defaults in federal and state court, and bankruptcy appeals. He advises financial institutions and other businesses with respect to bankruptcy and creditors' rights matters, including loan workouts and restructurings, tax matters, bond defaults, and issues legal opinions on substantive consolidation and true sale and other bankruptcy related issues. David also frequently represents clients in acquiring or investing in businesses in bankruptcy.
Representative Experience
Co-counsel with Peter Larsen for Citigroup, Synchrony, Capital One, Santander, Ford, Toyota, Nissan, Honda, Sears, Kohl's, and Best Buy, among others, in nationwide state and local bad debt sales tax recovery efforts. Has assisted clients in recovering over one billion dollars to date.
Lead counsel for principal secured creditor with over $100 million in claims in six related Chapter 11 bankruptcy matters in the Bankruptcy Court for the District of Puerto Rico. Successfully secured dismissal of four of the six cases and obtained relief from the automatic stay and order excusing the turnover of assets by the receiver on the remaining two cases, which involved a large subdivision and apartment complex. The creditor eventually caused the sale of the subdivision through a 363 sale and foreclosed on the condominium complex.
Lead counsel for unsecured creditors' committee in Chapter 11 reorganization of a continuing care retirement community in Florida (In re Life Care St. Johns, Inc., d/b/a Glenmoor).
Lead counsel for secured creditors (such as financial institutions, indenture trustees, and governmental agencies), unsecured creditors and creditors' committees, as well as trustees and debtors-in-possession, in other complex Chapter 11 and Chapter 7 bankruptcy cases in numerous jurisdictions throughout the country.
Lead counsel for taxpayers in numerous bankruptcy/tax matters.
Lead counsel for numerous prospective acquirers of bankrupt entities.
Provided non-consolidation and true sale opinions on behalf of borrowers, and reviewed opinions for lenders and trustees, in many structured finance and asset securitization transactions.
Lead counsel for professional athletes in numerous litigation and workout matters.
Awards & Recognition
The Best Lawyers in America 2007-2017, Listed in Florida for Litigation and Controversy - Tax, Securitization and Structured Finance Law, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Litigation-Bankruptcy
Super Lawyers Magazine 2008-2016, Listed in Florida for Bankruptcy & Creditor/Debtor Rights, Tax, and Business Litigation
Board Certified in Business Bankruptcy, American Board of Certification
Chambers USA 2016, listed in Florida as a Recognized Practitioner for Bankruptcy/Restructuring
The Best Lawyers in America 2013, 2017, Named as "Lawyer of the Year" for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law in Jacksonville
Jacksonville Magazine 2014, Listed in 904 Magazine's "Top Lawyers" for Tax
Florida Trend's Legal Elite 2012, 2013, Listed for Bankruptcy & Workout
Martindale-Hubbell, AV Preeminent Rated
Published Works & Lectures
COST Annual Meeting, Panelist, "Bad Debt Planning - How to Keep Your Bad Debt Deductions or at Least Know When to Give Them Up," October 22, 2015
Jacksonville Bankruptcy Bar Annual Seminar, moderator for judicial panel on "Current Developments," 1997-2016
Professional Memberships & Activities
The Florida Bar, Administrative Law, Business Law, Entertainment Arts and Sports Law, Taxation, and Trial Lawyers Sections, Member
State Bar of Wisconsin, Bankruptcy Insolvency and Creditors Rights, Intellectual Property, Sports & Entertainment Law, and Taxation Sections, Member
Jacksonville Bankruptcy Bar Association, Past President
Jacksonville Bar Association, Sports & Entertainment Law Committee, Member

Associated News, Events and Publications

David E. Otero

Bankruptcy & Reorganization
Representative Clients
Capital One
Santander Bank
Synchrony Financial
U.S. Bank
Venus Fashion
J.D., University of Wisconsin Law School, 1986; Dean's List
B.A., University of Wisconsin - Madison, 1984; History, Political Science, and International Relations, with distinction
Bar Admissions
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