Elizabeth R. Brusa

Associate

Clients seek out Elizabeth’s counsel as a detail-oriented, highly responsive, creative, and effective litigator. As a member of Shumaker’s Litigation and Disputes Service Line, Elizabeth zealously represents her clients’ interests in Chapter 7, Chapter 13, Chapter 11, and Subchapter V bankruptcy cases and related adversary proceedings. Elizabeth also represents lenders, mortgage servicers, and other financial services clients in all stages of state and federal court litigation. 

Having begun her legal career with the United States Department of Justice’s U.S. Trustee Program, where she prosecuted bankruptcy fraud and abuse in civil cases, Elizabeth has extensive experience representing clients in various bankruptcy matters, including drafting proofs of claim, attending Section 341 meetings, and litigating issues related to use of cash collateral, adequate protection, lifting the automatic stay, Section 363 sales, and plan confirmation. Additionally, Elizabeth represents clients in defending against allegations of stay, plan, and discharge injunction violations in bankruptcy and state courts. 

Beyond representations in court, clients often seek Elizabeth’s advice regarding bankruptcy compliance. Elizabeth educates financial services clients about the nuanced requirements of working with customers who file for bankruptcy. Additionally, she assists clients with revising their form correspondence, agreements, and other documents, as well as updating their policies and procedures, to ensure compliance with applicable bankruptcy laws. 

Elizabeth is also skilled at enforcing judgment and arbitration awards by identifying and tracing assets to secure recoveries for her clients. Elizabeth aids her clients’ recoveries by domesticating out-of-state judgments for enforcement in Florida and vigorously pursuing garnishments, charging orders, replevins, and real and personal property foreclosures. When necessary, she also prosecutes fraudulent transfer and veil piercing actions to obtain recoveries. 

Additionally, Elizabeth represents lenders, mortgage servicers, and other financial services businesses in state and federal court litigation, including defending against allegations of violations of various consumer protection statutes, wrongful foreclosures, and debt collection statutes. She further assists financial services clients in prosecuting actions for breach of loan and financing agreements, foreclosure on real and personal property, enforcement of guaranties, and replevin. 

Elizabeth spent several years as a special education teacher in the Chicago suburbs before attending law school. While not working, Elizabeth enjoys volunteering, trying new restaurants, and exploring the Tampa region with her family and friends. 

Media Mentions:

  • Published Decisions:
    • Nunez v. Wilmington Savings Fund Society (In re Nunez), 635 B.R. 870 (Bankr. S.D. Fla. 2021) 
    • In re Tabor, 583 B.R. 155 (Bankr. N.D. Ill. 2018)
  • Representative Experience:
    • Represented ad hoc committee in mega-bankruptcy case pending in the Bankruptcy Court for the District of Delaware; prepared and filed thousands of proofs of claim on behalf of committee members, drafted instructions for preparation and submission of thousands of ballots for voting on the plan and communicated extensively with clients and claims agent regarding same; responded to extensive discovery requests, including drafting objections and responses, designing Relativity instructions and rules, communicating and coordinating with co-counsel and clients, and overseeing and managing documents review team
    • Represented judgment creditors in enforcement of $52 million judgment, including domesticating foreign judgment and litigating against judgment debtor’s action contesting domestication and multiple attempts to impose a stay of enforcement of the domesticated judgment; drafting and analyzing written discovery in aid of execution and depositions of judgment debtor and others to locate judgment debtor’s assets; and litigating issues related to garnishments of bank and investment accounts, charging orders, and judgment debtor’s asserted exemptions 
    • Represented a financial services company in an adversary proceeding defending against allegations of bankruptcy stay violations by drafting a summary brief in support of client’s defenses, including debtor’s counsel’s gamesmanship regarding lack of notice of the bankruptcy filing to client and similarly situated creditors; obtained oral ruling fully exonerating client, dismissing adversary proceeding, and providing that the court would review all similar adversary proceedings filed by debtor’s counsel and issue a show cause order as to each regarding why they should not likewise be dismissed 
    • Represented secured lender of a $4.9 million SBA loan in a bankruptcy case and related adversary proceedings in negotiating and drafting an agreement involving a forbearance, sales and operations of multiple businesses, sales of real property, sales of multiple vehicles, conveyance of an easement, use of cash collateral, and modification of the automatic stay
    • Represented special counsel to the debtors in multiple mega-bankruptcy cases in the Southern District of New York and the District of Delaware, including drafting employment applications, fee applications and corresponding exhibits and invoices 

EVENTS AND PRESENTATIONS

PUBLICATIONS

  • Overview

    Clients seek out Elizabeth’s counsel as a detail-oriented, highly responsive, creative, and effective litigator. As a member of Shumaker’s Litigation and Disputes Service Line, Elizabeth zealously represents her clients’ interests in Chapter 7, Chapter 13, Chapter 11, and Subchapter V bankruptcy cases and related adversary proceedings. Elizabeth also represents lenders, mortgage servicers, and other financial services clients in all stages of state and federal court litigation. 

    Having begun her legal career with the United States Department of Justice’s U.S. Trustee Program, where she prosecuted bankruptcy fraud and abuse in civil cases, Elizabeth has extensive experience representing clients in various bankruptcy matters, including drafting proofs of claim, attending Section 341 meetings, and litigating issues related to use of cash collateral, adequate protection, lifting the automatic stay, Section 363 sales, and plan confirmation. Additionally, Elizabeth represents clients in defending against allegations of stay, plan, and discharge injunction violations in bankruptcy and state courts. 

    Beyond representations in court, clients often seek Elizabeth’s advice regarding bankruptcy compliance. Elizabeth educates financial services clients about the nuanced requirements of working with customers who file for bankruptcy. Additionally, she assists clients with revising their form correspondence, agreements, and other documents, as well as updating their policies and procedures, to ensure compliance with applicable bankruptcy laws. 

    Elizabeth is also skilled at enforcing judgment and arbitration awards by identifying and tracing assets to secure recoveries for her clients. Elizabeth aids her clients’ recoveries by domesticating out-of-state judgments for enforcement in Florida and vigorously pursuing garnishments, charging orders, replevins, and real and personal property foreclosures. When necessary, she also prosecutes fraudulent transfer and veil piercing actions to obtain recoveries. 

    Additionally, Elizabeth represents lenders, mortgage servicers, and other financial services businesses in state and federal court litigation, including defending against allegations of violations of various consumer protection statutes, wrongful foreclosures, and debt collection statutes. She further assists financial services clients in prosecuting actions for breach of loan and financing agreements, foreclosure on real and personal property, enforcement of guaranties, and replevin. 

    Elizabeth spent several years as a special education teacher in the Chicago suburbs before attending law school. While not working, Elizabeth enjoys volunteering, trying new restaurants, and exploring the Tampa region with her family and friends. 

    Media Mentions:

  • Representative Matters
    • Published Decisions:
      • Nunez v. Wilmington Savings Fund Society (In re Nunez), 635 B.R. 870 (Bankr. S.D. Fla. 2021) 
      • In re Tabor, 583 B.R. 155 (Bankr. N.D. Ill. 2018)
    • Representative Experience:
      • Represented ad hoc committee in mega-bankruptcy case pending in the Bankruptcy Court for the District of Delaware; prepared and filed thousands of proofs of claim on behalf of committee members, drafted instructions for preparation and submission of thousands of ballots for voting on the plan and communicated extensively with clients and claims agent regarding same; responded to extensive discovery requests, including drafting objections and responses, designing Relativity instructions and rules, communicating and coordinating with co-counsel and clients, and overseeing and managing documents review team
      • Represented judgment creditors in enforcement of $52 million judgment, including domesticating foreign judgment and litigating against judgment debtor’s action contesting domestication and multiple attempts to impose a stay of enforcement of the domesticated judgment; drafting and analyzing written discovery in aid of execution and depositions of judgment debtor and others to locate judgment debtor’s assets; and litigating issues related to garnishments of bank and investment accounts, charging orders, and judgment debtor’s asserted exemptions 
      • Represented a financial services company in an adversary proceeding defending against allegations of bankruptcy stay violations by drafting a summary brief in support of client’s defenses, including debtor’s counsel’s gamesmanship regarding lack of notice of the bankruptcy filing to client and similarly situated creditors; obtained oral ruling fully exonerating client, dismissing adversary proceeding, and providing that the court would review all similar adversary proceedings filed by debtor’s counsel and issue a show cause order as to each regarding why they should not likewise be dismissed 
      • Represented secured lender of a $4.9 million SBA loan in a bankruptcy case and related adversary proceedings in negotiating and drafting an agreement involving a forbearance, sales and operations of multiple businesses, sales of real property, sales of multiple vehicles, conveyance of an easement, use of cash collateral, and modification of the automatic stay
      • Represented special counsel to the debtors in multiple mega-bankruptcy cases in the Southern District of New York and the District of Delaware, including drafting employment applications, fee applications and corresponding exhibits and invoices 
  • Latest Thinking

    EVENTS AND PRESENTATIONS

    PUBLICATIONS

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