Mariane’s practice is primarily focused on insolvency and bankruptcy related cases. The insolvency practice includes the representation of debtors-in-possession in Chapter 11 proceedings, representation of Chapter 11 trustees, liquidating agents, and receivers, and the representation of secured and unsecured creditors in cases pending before the bankruptcy court. Mariane has also represented assignors and assignees in the statutorily created liquidation process known as an “Assignment for the Benefit of Creditors.”
Mariane has developed a specialty for fraudulent transfer litigation under the Bankruptcy Code and the Florida Uniform Fraudulent Transfer Act (“FUFTA”). During this time, as either chief or co-counsel, she commenced adversary proceedings to recover assets for the bankruptcy estate which would then be distributed to the unsecured creditors. Two of the most significant cases were the Ponzi schemes, In re World Vision Entertainment, Inc., and In re Evergreen Security Ltd.
Mariane is currently a member of the Executive Council of the Business Law Section of the Florida Bar, and is an officer and member of the board of directors of the Florida Association for Women Lawyers (FAWL).
Mariane graduated with her J.D. from the University of Florida College of Law in 1999, and she earned her MA in Organizational Communication from Purdue University in 1996. Mariane earned her B.A., with distinction, from Purdue University in 1994.
Bar Admissions:
Supreme Court of Florida
United States District Court for the Middle District of Florida
United States District Court for the Southern District of Florida
United States Court of Appeals for the Eleventh Circuit
Professional Recognitions:
▪ AV Rated by Martindale-Hubbell.
▪ Best Lawyers, 2020, in the practice areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation-Bankruptcy.
▪ Life Fellow of the American Bar Foundation, July 9, 2020.
▪ Super Lawyers, Rising Star, in 2010, 2011, 2012, and 2013.
Publications:
▪ Contributing Editor, Bankruptcy Law & Practice: View From the Bench, for the Business Law Section of The Florida Bar Journal, November 2020.
▪ Contributing Editor, Bankruptcy Law & Practice: View From the Bench, for the Business Law Section of The Florida Bar Journal, November 2019.
▪ Co-author, Limiting the Florida Homestead Exemption by Broadening the Application of the Fraud or Egregious Conduct Exception, for The Florida Bar Journal, vol. 93, no. 4, July/August 2019.
▪ Co-author and Presenter, The Five W’s of Bankruptcy: Who, What, When, Where & Why, for the Orange County Bar Association, Business Law Committee, May 1, 2019. (PowerPoint presentation).
▪ Author, Mentoring Matters: The Diversity and Inclusion Fellowship Programs of The Florida Bar and its Sections, for The Florida Bar Journal, vol. 93, no. 2, March/April 2019.
▪ Author, Ten Things I Love About Community Service, for the FAWL Journal, Spring/Summer 2019.
▪ Author, Rejection, Assumption and Assignment of Intellectual Property in Bankruptcy, for the Business Law Section of the Florida Bar, Intellectual Property Committee, January 17, 2019.
▪ Author, Advocacy on Behalf of Human Trafficking Victims, for the FAWL Journal, Spring/Summer 2018.
▪ Author, Florida’s Holistic Approach to Human Trafficking: Identifying and Treating Victims of Sexual Exploitation, for the FAWL Journal, Spring/Summer 2017.
▪ Author, Gender Bias in the Legal Field, Then and Now, for the FAWL Journal, Fall/Winter 2016.
▪ Author, Catching Your Balance: Becoming Mindful of Yourself and Raising Your Consciousness, for the FAWL Journal, Spring/Summer 2016.
▪ Author, Believe You Can Do It! Florida’s Attorney General Pam Bondi, for the FAWL Journal, Fall 2015.
▪ Author, When a Tenant or Landlord Files Bankruptcy, for Sterling Education CLE, September 2014.
▪ Co-author, The Windsor Effect: A Panel Discussion scheduled for June 27, 2014, for the United States Bankruptcy Court for the Middle District of Florida, Court Connection, vol. 3, issue 2, April 2014.
▪ Author, Florida Bankruptcy Case Law Update: March 2014 Cases, for the Bankruptcy Case Law Updates, www.flabizlaw.org, March 2014.
▪ Co-author, Litigation in Contested Matters, panel presentation for the Central Florida Bankruptcy Law Association Annual Seminar, May 2013. (PowerPoint presentation).
▪ Co-author, Same-Sex Marriage and Bankruptcy, Estate Planning and Tax Law: the Consequences of the Hollingsworth v. Perry and United States v. Windsor Rulings, for the United States Bankruptcy Court for the Middle District of Florida, Court Connection, vol. 2, issue 3, July 2013.
▪ Author, Commercial Leases: When a Tenant or Landlord Files Bankruptcy, for Sterling Education CLE, August 2012.
Professional Memberships:
The Florida Bar:
■ Diversity & Inclusion Committee; 06/2016-06/2018
■ Gender Equality Subcommittee of Diversity & Inclusion Comm.; 06/2017-06/2018
■ Annual Convention Committee; 06/2014-06/2016
■ Senior Lawyers Committee; 06/2013-06/2015
The Business Law Section of The Florida Bar:
■ Executive Council
▪ Liaison to The Florida Bar Diversity & Inclusion Comm.: 07/2017-06/2021
■ Inclusion, Mentoring & Fellowship Committee
▪ Vice-Chair 07/2016-06/2018
▪ Chair 07/2018-06/2019
■ Scholar & Fellows Retention Task Force
▪ Chair 07/2019-06/2020
■ Bankruptcy/Uniform Commercial Code Committee
▪ Vice-Chair 07/2021-Present
▪ Second Vice-Chair 07/2020-06/2021
■ Bankruptcy Judicial Liaison Committee
■ Labor Day Retreat Committee
The Florida Association for Women Lawyers (FAWL):
■ Executive Board
▪ Treasurer: 06/2021-Present
▪ Public Relations Director: 07/2020-06/2021
▪ Journal Editor: 07/2019-06/2020
■ Journal Committee
▪ Co-Chair 07/2017-06/2018
Appellate Practice Section of The Florida Bar
Central Florida Bankruptcy Law Association
■ Chair of Social, Membership & Diversity Committee: 01/2013-12/2013
Central Florida Association for Women Lawyers
Seminole County Florida Association for Women Lawyers
Seminole County Bar Association
Orange County Bar Association
American Bar Association
American Bankruptcy Institute
Reported decisions:
In re Nutt, 271 B.R. 896 (Bankr. M.D. Fla. 2001) (holding the responsible person not liable for unpaid trust fund taxes where there was no actual knowledge of the company’s delinquent payroll tax liability and there was no known or obvious risk that payroll taxes were not being remitted). Represented the Debtor, Mr. Ronald Nutt.
In re World Vision Entertainment, Inc. (R.W. Cuthill, Jr., Chapter 11 Trustee v. Greenmark, LLC et al.), 275 B.R. 641 (Bankr. M.D. Fla. 2002) (holding that in cases involving a Ponzi scheme fraudulent intent is inferred). Represented the Chapter 11 Trustee.
In re Transit Group, Inc., 286 B.R. 811 (Bankr. M.D. Fla. 2002) (holding that in order for a debtor to confirm a plan of reorganization containing a non-debtor release, the debtor must demonstrate that unusual circumstances exist, and that the non-debtor release is fair and necessary). Represented the Debtors.
In re Evergreen Security Ltd. (R.W.Cuthill, Jr., Trustee v. Harold James Kime et al.), 319 B.R. 245 (Bankr. M.D. Fla. 2003) (holding that in cases involving a Ponzi scheme, fraudulent intent is inferred). Represented the Chapter 11 Trustee.
In re Platinum Properties of Central Florida, Inc., 2007 WL 4874796 (Bankr. M.D. Fla. 2007) (holding that it was premature to appoint a trustee where an independent third-party has been appointed to manage the Debtor and has no connections to the previous management and alleged bad acts). Represented the Debtor.
In re Jon M. Knight, 380 B.R. 67 (Bankr. M.D. 2007) (holding that a claim that had been reduced to an unstayed judgment was not subject to a bona dispute). Represented the petitioning creditor.
In re Evergreen Security, Ltd., 381 B.R. 407 (Bankr. M.D. Fla. 2007) (holding that court has jurisdiction to award fees pursuant to Fed. R. Bankr. P. 9011, 11 U.S.C. §105(a), and submit proposed findings of fact and conclusions of law to the United States District Court for the Middle District of Florida for fees and costs pursuant to 28 U.S.C. §1927.) Represented Latham, Shuker et al. and Chapter 11 Trustee.
In re Evergreen Security, Ltd., 570 F. 3d 1257 (11th Cir. 2009) (upholding sanctions award, holding that bankruptcy judge had no duty to disclose judicial ethics complaint, judge could preside over sanctions motion, and both compensatory sanctions and sanction suspending attorney were warranted.) Represented the Appellee.
In re Mirabilis Ventures Inc., 2012 WL 1038773 (Bankr. M.D. Fla. 2012) (holding that funds sent by the debtor to the IRS on behalf of its clients were not property of the bankruptcy estate and could not be recovered under a theory of fraudulent transfer). Represented the Debtor.
Accreditations
