On August 14, 2025, the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia, issued an opinion in favor of Winter Capriola Zenner’s lender client. Richard J. Capriola argued the case before an Eleventh Circuit panel, and Eric B. Coleman led the appellate briefing efforts. The complex, multi-layered case boiled down to the issues surrounding the finality of the bankruptcy sale.
The matter arose from a real property dispute over a settlement between the bankruptcy trustee and the firm’s clients concerning the debtor’s primary asset, an office building obtained through a secured loan in Georgia. The loan guarantors contested the settlement, which would effectively change the economics of the settlement and sale. However, while their appeal was pending, the property was sold through a court-approved credit bid under Section 363 of the Bankruptcy Code. The district court dismissed the guarantors’ appeal, and the Eleventh Circuit upheld this decision, confirming that the sale and settlement could not be reversed after the fact.
This outcome reflects the depth of Winter Capriola Zenner’s experience in real property and bankruptcy matters surrounding real estate, lender rights, and appellate practice. The attorneys’ combined knowledge, preparation, and advocacy were instrumental in achieving the outcome, which ultimately safeguarded the interests of the firm’s clients and emphasized the finality of the trustee’s settlement and sale.