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John C. “Jack” Shawde, Esq.

Jack Shawde focuses his practice on two areas: creditors’ rights/bankruptcy, and disputes arising out of the award of government contracts. In the creditor’s rights/bankruptcy part of his practice, Mr. Shawde counsels clients on disputes arising prior to a bankruptcy filing, including the exercise of remedies under the Uniform Commercial Code for clients who hold security interests or other lien claims, as well as landlords seeking possession of their leased premised and enforcement of statutory landlords’ liens. He has significant experience in floor plan financing litigation, including the exercise of state law remedies such as replevin and attachment. He also has significant experience in cases brought under “assignment for the benefit of creditors” statutes. South Florida Legal Guide named Mr. Shawde one of the Top South Florida Lawyers in 2007, 2008 and 2009 in the areas of Bankruptcy Litigation and Bid Protest. He is listed in The Best Lawyers in America 2009 in the area of Bankruptcy and Creditor-Debtor Rights Law. Mr. Shawde holds a Martindale-Hubble AV rating.

In a pure bankruptcy context, Mr. Shawde has considerable experience representing secured and unsecured creditors, committees, debtors and trustees. He has conducted countless trials and evidentiary hearings before bankruptcy courts throughout the country. His experience includes stay relief litigation, post filing debtor in possession financing issues, plan confirmation disputes, breach of fiduciary duty claims against former officers and directors, and preference litigation.

Mr. Shawde also has experience as a lead litigator for disputes arising out of the award of contracts with government at the local or state level. He has significant experience contesting or defending bid awards, including disputes involving alleged violations of state sunshine laws. His argument before Florida’s Third District of Appeals (reported in the decision MRO Software, Inc. v. Miami-Dade County, 895 So.2d 1086 (Fla. 3rd DCA 2004)) established the law in the Third District that the Miami-Dade County Commission’s award of a contract to a software company was an executive function, and not a quasi-judicial function; that legal issue arose in the context of a bid dispute under the bid protest procedures set forth in the Miami-Dade County Code.

Mr. Shawde received his B.A. from Franklin and Marshall College and his J.D. from the University of Miami, cum laude, where he was an editor of the law review. He is a member of The Florida Bar and is admitted to practice in the United States Bankruptcy Court, United States Court of Appeals Eleventh Circuit, and United States District Courts for the Southern, Middle and Northern Districts of Florida.

Phone: 305-476-7113
Fax: 305-476-7102
E-mail: jshawde@rascoklock.com