Bankruptcy / Hold Harmless
Commercial Advisory Group, powered by REAL Brokerage, LLC
Agreement Overview
This Bankruptcy Disclosure and Hold Harmless Agreement (“Agreement”) establishes the terms and understanding between Commercial Advisory Group, Powered by Real Brokerage, LLC (“CAG”) and the Client concerning services provided before, during, or after bankruptcy proceedings, whether voluntary or involuntary.
This Agreement applies to corporations, partnerships, entities, and individuals. It governs CAG’s professional services including property disposition, asset acquisitions, portfolio management, tenant retention, liquidation, collections, brokerage, advisory, and consulting services related to commercial real estate or business operations impacted by bankruptcy in the State of Florida.
Disclosure of Fees, Commissions, and Reporting Obligations
Each service engagement generates a commission, fee, or retainer owed by the Client. The Client agrees to properly record these amounts on their books and disclose them on the Summary of Schedules filed with the bankruptcy court.
The Client must provide bankruptcy counsel with financial statements (cash or accrual basis), executed listing agreements, engagement letters, or advisory contracts evidencing CAG’s work. This ensures accurate disclosure and compliance under Florida and federal Bankruptcy Code requirements.
Enforceability of Advisory Services
CAG’s services may predate or postdate bankruptcy filings, including sales or acquisitions of distressed or court-supervised assets and businesses. This Agreement affirms enforceability under applicable Florida law and bankruptcy regulations.
Corporate Bankruptcy Services
Chapter 11 – Reorganization
Chapter 11 allows businesses to restructure debts while continuing operations under court oversight. CAG assists with commercial asset sales, acquisitions, and restructuring strategies. All actions require court or trustee approval in Florida to maintain compliance.
Chapter 7 – Liquidation
Chapter 7 involves the liquidation of assets to satisfy creditor claims. CAG works with trustees and courts in Florida to list, sell, or acquire estate assets while maintaining transparency and compliance.
Going Concern and Section 363 Sales
CAG supports Section 363 sales of businesses as going concerns or assets free of liens under 11 U.S.C. § 363. Services include marketing, bidding coordination, valuation, and transaction closing within Florida courts.
Individual Bankruptcy Services
Chapter 13 – Repayment Plans
Chapter 13 enables individuals to repay debts over time through court-approved plans. CAG provides brokerage, advisory, and management services for real estate included in repayment plans, ensuring compliance with Florida bankruptcy requirements.
Chapter 7 – Personal Liquidation
Chapter 7 permits liquidation of personal assets to discharge debts. CAG coordinates with Florida trustees on commercial property sales or dispositions. Pre-petition agreements remain valid unless rejected by bankruptcy court order.
Services for Acquisition of Bankrupt or Distressed Assets
CAG represents buyers acquiring bankrupt or distressed assets and businesses in Florida. Services include due diligence, court filing reviews, trustee coordination, and transaction support for approved acquisitions, portfolio purchases, operational revivals, and asset recovery.
Client Responsibilities
The Client agrees to protect and pay all commissions or fees owed under signed agreements. Bankruptcy does not terminate CAG’s compensation rights unless discharged by court order in Florida.
The Client must notify bankruptcy counsel of CAG’s claims and properly disclose them in bankruptcy filings. Payment timing follows court procedures, and any delay does not constitute a waiver of CAG’s rights.
CAG performs duties in good faith pursuant to active agreements and subject to Florida court approval.
Automatic Stay Acknowledgment
CAG respects the automatic stay under 11 U.S.C. § 362 and will seek relief from stay or adequate protection as required to perform services in Florida bankruptcy cases.
Hold Harmless and Indemnification
The Client agrees to hold Commercial Advisory Group harmless from claims, liabilities, or damages arising from bankruptcy proceedings, trustee actions, or creditor disputes. The Client further indemnifies CAG for losses resulting from seller bankruptcies, failed acquisitions, or due diligence matters, including reasonable legal fees, provided CAG acts within the scope of its engagements.
Governing Law and Dispute Resolution
This Agreement is governed exclusively by the laws of the State of Florida, including applicable bankruptcy and commercial real estate statutes. Any disputes shall be resolved first through mediation in Hillsborough County, Florida, followed by binding arbitration under the American Arbitration Association, or if necessary, litigation in the state or federal courts located in Hillsborough County, Florida.
Severability
If any provision of this Agreement is found invalid or unenforceable under Florida law, the remaining provisions shall remain in full force and effect. Invalid provisions shall be interpreted or modified to preserve the intent of the parties to the fullest extent permitted by law.
Accessibility and Compliance Notice
This Agreement is structured to meet ADA accessibility standards, using clear headings, plain language, and screen-reader-friendly formatting. Please contact Commercial Advisory Group for alternate formats or reasonable accommodations.
Commercial Advisory Group
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Last Updated: November 2025