Marc P. Barmat

“I always keep in mind how to provide the best financial benefit to my clients, helping them to retain as many assets as possible and move forward with their lives or businesses.”

Overview

A unique perspective. A Partner in the firm, Marc P. Barmat focuses his practice on bankruptcy, primarily Chapter 7. He offers his clients the benefit of a unique perspective: that of a lawyer who represents all parties involved in a bankruptcy, and also that of a lawyer who serves as a bankruptcy trustee. His in-depth knowledge of how bankruptcy works, and the respect he has earned from judges and peers, enable him to negotiate settlements more effectively and efficiently. Marc understands what is at risk when clients file for bankruptcy, and works to help them retain as many of their assets as possible.

Efficient problem-solving. With his background and education, Marc is able to guide clients through the complicated and often unfamiliar bankruptcy process. He can provide solutions to individuals and businesses facing difficult financial circumstances as well as defend those targeted by bankruptcy trustees seeking to recover alleged preferential or fraudulent transfers. Marc also initiates and defends discharge and dischargeability adversary proceedings. In all that he does, Marc keeps his clients’ interests at the forefront and strives to resolve the most complex matters in the most financially beneficial manner possible.

Committed to community and the profession. Professionally active, Marc sits on the Board of Directors of the National Association of Bankruptcy Trustees and regularly serves as a contributing author on bankruptcy matters for the monthly newsletter of the Palm Beach County Bar Association. Marc served on the Board of Directors for the South Palm Beach County Bar Association, is involved in numerous professional associations and provides pro bono legal services to various community organizations.

Published Works

• Bank Accounts and Tenancy By the Entirety
• Bare Legal Title and Resulting Trusts
• Claims Trading and Equitable Subordination
• Converting From a Chapter 7 to a Chapter 13 is Not an Absolute Right!
• Debtors Who Relocate From Florida Are Eligible for Federal Exemptions
• Defining “Defalcation” in the Context of Dischargeability
• Discharging Income Tax Debt in a Chapter 7 Bankruptcy
• Private Employers Can Discriminate Against Debtors When Hiring
• Eleventh Circuit Decides Ponzi Scheme Case
• Conceal an Equitable Interest . . . Lose Your Discharge
• Supreme Court Decides Exemption Case
• Exemption of Non Head of Family Wages
• Florida Supreme Court Rules Homestead Cannot Be Waived
• Revocation of a Bankruptcy Discharge
• The Madoff Fraud And The Role of SIPC
• State Held in Contempt for Attempting to Collect Past-Due Child Support
• Dischargeability of Liability for Co-Obligors of Student Loans
• Too Much Charity?
• Discharging Income Tax Debt in a Chapter 7 Bankruptcy, What is Considered Willful Evasion?
• Dischargeability of Debt for “Willful and Malicious Injury”
• A Remainder Interest in Property Can Qualify as Homestead Exempt
• Inherited IRAs Qualify as Exempt
• Debtor’s Interest in Intervivos Trust Ruled Not Property of the Bankruptcy Estate
• Judicial Estoppel
• File Your Claims on Time: When Excusable Neglect is Not Enough
• Ponzi Schemes: Let the Investor Beware!
• Post-Petition Appreciation of Asset Value

Areas of Practice

• Bankruptcy
• Commercial Litigation

Bar Admissions

• Florida, 1994
• New Jersey, 1994
• U.S. District Court Southern District of Florida
• U.S. District Court Middle District of Florida
• U.S. District Court Northern District of Florida

Education

• California Western School of Law, San Diego, California
  • J.D. – 1994
  • Honors: Pro Bono Honor Society
  • Law Review: California Western Law Review, Staff Editor
• Pennsylvania State University, University Park, Pennsylvania
  • B.S. – 1990

Professional Associations and Memberships

• National Association of Bankruptcy Trustees
• Palm Beach County Bar Association
• South Palm Beach County Bar Association, (Board of Directors, former)
• South Palm Beach County Bar Association, Bankruptcy Committee
• Bankruptcy Bar Association for the Southern District of Florida
• The Florida Bar, Business Law Section
• Fifteenth Judicial Circuit Grievance Committee, (Former)
• American Bar Association bar & Court Admissions