Charles M. Tatelbaum focuses his practice on bankruptcy and creditors’ rights issues, complex business litigation, Uniform Commercial Code transactions and lender liability litigation and other types of secured transactions, as well as domestic and international letters of credit. He is a national Certified Specialist in Business Bankruptcy Law by the American Board of Certification, accredited by the Florida Bar.
He regularly represents secured and unsecured creditors in transactions and insolvency situations, creditors’ committees, and throughout the United States he represents business clients in complex business litigation, the defense of lender liability claims, all types of bankruptcy proceedings and products liability defense based on warranty. He also represents secured and unsecured creditors in distressed business transactions and litigation. He has also has represented clients in Chapter 9 municipal bankruptcy proceedings and Chapter 15 foreign bankruptcy proceedings
As an example, he represented the major motor vehicle floor plan lender in the largest motor vehicle dealer bankruptcy in U.S. history, recovering more than $150 million, which constituted payment in full of principal, interest, attorney fees and costs. In that case, the court awarded a $300,000 substantial contribution fee to the represented lender. As another example, he has represented the lender in the worldwide bankruptcy proceeding of Saab Automobiles, and was able to obtain payment in full of all principal, interest and attorneys’ fees. As of a result of his prior work with the U.S. State Department in eastern Europe to develop bankruptcy laws in Croatia and Slovakia, Mr. Tatelbaum has regularly handled business and insolvency issues that develop in foreign countries.
Recently, he completed a total revision of the purchase order terms and conditions and purchase agreement terms and conditions for one of the largest retailers in the United States utilizing provisions of Article 2 of the Uniform Commercial Code in order to provide maximum rights, remedies and benefits to the retailer as both a purchaser and seller of goods.
He is well versed in dealing with all aspects of domestic and international letters of credit from the transactional stage through litigation.
Mr. Tatelbaum, as counsel to the National Association of Credit Management (NACM) and Vice President of Research for the American Bankruptcy Institute, authored a number of the provisions of the bankruptcy law changes that were signed into law in April 2005.
Mr. Tatelbaum regularly represents Fortune 150 companies and has been featured as a consultant on 60 Minutes and Good Morning America, as well as on NPR’s All Things Considered and Morning Edition.
Mr. Tatelbaum joined Tripp Scott in March 2014 to chair the creditors’ rights and bankruptcy practice. Prior to that time, Mr. Tatelbaum was a partner at Hinshaw & Culbertson LLP and previously he was a partner in Yoss LLP’s Ft. Lauderdale office and chair of the Yoss Creditors’ Rights, Bankruptcy and Secured Transactions Practice Group.
Mr. Tatelbaum is a former adjunct professor at the University of Maryland School of Law where he taught a course titled “Debtors’ and Creditors’ Rights” and “Uniform Commercial Code.” In addition, he was an instructor for the Annual Credit Congress of NACM from 1985 through 2000.
He is a member of the American Bankruptcy Institute and previously held a number of leadership positions, including Board member, member of Executive Committee, Secretary and Vice President of Publications and Vice President of Research. Mr. Tatelbaum is a member of the Board of Visitors of the University of Maryland School of Law.
Mr. Tatelbaum has been named to multiple editions of "The Best Lawyers in America," was named “Most Effective Lawyer in Bankruptcy” in 2007 by the Miami Business Review, and was named to the Super Lawyers list by Super Lawyers magazine (Florida edition, 2006). In 2014, Mr. Tatelbaum was named as the Attorney Of The Year in bankruptcy law as part of the first annual Leaders in Law or Award for South Florida.
He holds AV® Preeminent™ Peer Review Rating from Martindale- Hubbell, its highest rating for ethics and legal ability.
Areas of Practice:
U.S. Supreme Court 1983
U.S. District Court, Northern District of Florida 2008
U.S. District Court, Middle District of Florida 1986
U.S. District Court, Southern District of Florida 1996
U.S. District Court, Northern District of Illinois 2000
U.S. District Court, Eastern District of Michigan 1994
U.S. Court of Appeals, Third Circuit 1996
U.S. Court of Appeals, Fourth
U.S. Court of Appeals, Ninth Circuit 1995
U.S. Court of Appeals, Eleventh Circuit 1986
University of Maryland School
of Law, 1966
Member, Editorial Board, Maryland Law Review (1965-1966)
Vice President, Student Bar Association (1965-1966)
B.A., University of Maryland, 1963
Publications and Presentations:
Mr. Tatelbaum was the editor for the Credit Manual of Commercial Laws published by the NACM from 1993 through 1999 and columnist for NACM’s Business Credit from 1990 through 2000. He also was the editor of the American Bankruptcy Institute Newsletter from 1986 through 1991.
"The Other Shoe Drops: Pleading Standards [in bankruptcy preference cases] Get Tougher," The National Law Journal, May 2012.
Co-author, “First Circuit Raises Troubling Questions: Rosciti v. Insurance Company of the State of Pennsylvania,” The Bankruptcy Strategist, Volume 29, No. 7, May 2012.
Co-author, “A Dilemma Created by the Absolute-Priority Rule in Individual Chapter 11 Cases: A Non-Uniform Approach,” Westlaw Journal Bankruptcy, Volume 7, Issue 23, March 18, 2011.
“Claw-backs in Ponzi Schemes,” South Florida Daily Business Review, 2011.
Co-author, Bankruptcy Rules and Forms Handbook, 2 volumes, Wiley Publishing, 1992.
Co-author, NACM Bankruptcy Reorganization Guide, National Association of Credit Management, 1991.
Contributing author, Bankruptcy Practice and Strategy, Warren, Gorham and Lamont, 1987.
Contributing author, Collier’s Practice Guide on Bankruptcy, 1981.
Contributing author, Bankruptcy Code Manual, Commercial League of America, 1980, 1987, 1995.
“Exercising on a Judgment,” Maryland Institute for Continuing Legal Education Manual, 1980.
“The New Bankruptcy Code,” Maryland Institute for Continuing Legal Education Manual, 1978, 1979, 1980.
“Consumer Bankruptcies,” Maryland Institute for Continuing Legal Education Manual, 1974.
“The New Bankruptcy Code,” Maryland Bar Journal, Spring 1979.
“The New Rules of Bankruptcy Procedure,” Maryland Bar Journal, January and April 1974.
“New Balance and the Rights of Creditors and Debtors: The Effect on Maryland Law," University of Baltimore Law Review, Spring 1973.
Mr. Tatelbaum has spoken to many organizations and clients on bankruptcy and insolvency topics, including "Loan Covenants, Events of Default and MAC Clauses," Strafford Publications, Inc., live webinar, June 2012, and at the Masters of Bankruptcy webinar for the Florida Department of Insurance in connection with the insolvency of insurance companies, April, 2014.
Community Service Activities:
In 2012, Mr. Tatelbaum was awarded the Arts Hero Award by the Arts Council of Miami/Miami Beach for his efforts in promoting the arts in South Florida. Mr. Tatelbaum served for two years as chair of the Board of Directors for Friends of WLRN, the National Public Radio and PBS affiliates for South Florida while serving on its board for 8 years and its treasurer for one year. He previously held a number of leadership positions within the organization. In 2007, the organization named him Volunteer of the Year.
Mr. Tatelbaum for five years served as a member of the Board of Directors and former treasurer for Temple Bat Yam. He is also a long standing member of the Board of Directors for the Rio Vista Civic Association. Mr. Tatelbaum is a member of the South Florida Chapter of the Association of Former Intelligence Officers.
Chuck and his wife are 2011 graduates of Clown U, sponsored by the Big Apple Circus. They participated as clowns in the 2013, 2012 and 2011 Macy’s Thanksgiving Day Parade in New York.