Representative Bankruptcy Experience
In re Battalion Resources, Inc. Represented stalking horse purchasor in connection with acquisition of nearly 700 coal bed methane wells and related assets over an objectory creditor objection to the overall sale transaction.
Arnold v. Arnold (In re Arnold), 2016 Bankr. LEXIS 794 (B.A.P. 10th Cir. Mar. 15, 2016). Successfully defended an appeal of an attorneys’ fee award before the Tenth Circuit Bankruptcy Appellate Panel that affirmed all aspects of the Bankruptcy Court’s order granting attorneys’ fees based upon the Colorado Civil Theft Statute.
In re Midway Gold US Inc. Represented purchaser of assets with respect to its strategic acquisition of gold mines and related assets in a complex § 363 sale.
In re Gas City, Ltd. Represented secured mortgage lender in a $300M Chapter 11 case, from motions to lift stay to navigation through completion of two complex §363 sales, including negotiation among secured parties, DIP lender and the debtor regarding sale proceeds, breakup fee allocation, sale objections, sale confirmation and sale proceeds allocation litigation.
In re Dickinson Theatres, Inc. Lead associate on a team of attorneys representing a Chapter 11 debtor that operated a chain of movie theatres. Drafted and argued all first day motions. Assisted with plan disclosure, plan solicitation, and subsequent confirmation. Assisted with the prosecution of the debtor's motion to sever and reject a single lease subject to a master lease agreement with landlord finance company.
In re Damon Pursell Construction Company. Successfully assisted in the defense of multiple appeals to the 8th Circuit B.A.P. of a summary judgment order, entered in favor of a bank client, resolving a priority fight with a competing equipment lender.
In re JDS Hospitality, LLC. Represented national hotel franchisor in protection of its trademark rights in the Chapter 11 bankruptcy case of franchisee.
In re Pagosa Partners II, Inc. Represented secured lender with respect to all aspects of protecting its collateral in SARE case including opposing confirmation of Chapter 11 plan.
In re CAM Trucking, LLC. Represented secured party with respect to its statutory lien rights in specific trucking assets of an operating trucking company as against the debtor’s lender.
In re Peabody Energy Corporation. Represented Native American tribe with respect to its rights as a creditor in the largest coal company bankruptcy ever filed.
Defended numerous commercial parties in a variety of adversary proceedings including fraudulent transfer actions, preference actions, various avoidance actions, and other related proceedings: In re Eastman Kodak Company; In re Lehman Brothers Holdings, Inc.; In re Lamar Construction Company; In re Eastern Livestock Co., LLC; In re American Title Services Company; In re CCI Funding, LLC.
Successfully prosecuted, negotiated, and resolved numerous cure objections on behalf of commercial landlords and other commercial counterparties along with related administrative expense claims in numerous large bankruptcy cases: In re RadioShack Corporation; In re Emerald Oil Inc.; In re Hancock Fabrics, Inc.; In re Draw Another Circle, LLC; In re American Title Services Company; In re Novinda Corp.; In re Gas Compressor Consultants; In re Rural/Metro Corporation; In re Escalera Resources Co.
Representation of subordinated judgment creditor in connection with objecting to treatment of claim under plan of reorganization in a $9M Chapter 11 case.
Secured favorable settlement, on behalf of principal of a Chapter 7 debtor, of potential insider claims by Chapter 7 trustee.
Represented large food supplier in resolution of administrative claims and preference defenses in Chapter 11 case of a large grocery retailer.
Representative Creditors’ Rights Experience
Represented a commercial real estate development company with its appointment as receiver for several multiple multi-function commercial properties including hotels and golf courses.
Represented a receiver in connection with its successful sale - free and clear of liens, claims, and interests - of substantially all receivership assets over the objections of interested parties in the first sale of its kind under Colorado law.
Pursued and negotiated a variety of collection strategies against a judgment debtor who owed a bank client in excess of $4.5M while simultaneously pursuing a co-debtor in Chapter 11 for claims in excess of $7.5M.
Represented commercial landlord in successful prosecution of contested claims against tenant and guarantors of lease eventually securing a collection of 100 cents on the dollar of total judgment amount.
Representation of numerous secured lenders in a variety of out-of-court workout strategies and judicial commercial foreclosure proceedings throughout Colorado, Illinois, Kansas and Missouri state courts.
Speaking Engagements and Presentations
“Introduction to Subchapter V Bankruptcy”
Colorado Bar Association, May 2022
“Taking Yes for an Answer: Emerging Issues in Assumption, Rejection and Cure in a Post-Pandemic World”
Rocky Mountain Bankruptcy Conference, January 2022
“A Legal Perspective on the Real Estate Industry: A Conversation on the Impacts of COVID-19”
Moye White Webinar, June 2020
“Getting Coloradoans Back to Work”
Moye White Webinar, May 2020
“Get a Fresh Perspective: Special-Purpose Entities and Single-Asset Real Estate Insolvencies”
Rocky Mountain ABI Conference, January 2020
Speaker, together with the Hon. Joseph G. Rosania (Bankr. D. Colo.), at the Bankruptcy Case Law Update to the Colorado Bar Association sponsored by the Bankruptcy Subsection (Fall 2019).
“Bankruptcy Appeals Be Prepared!”
Colorado Bar Association’s Bankruptcy Subsection, Spring 2018
Speaker, together with the Hon. Howard R. Tallman (Bankr. D. Colo.), at the Bankruptcy Case Law Update to the Colorado Bar Association sponsored by the Bankruptcy Subsection (Fall 2016).
Speaker, together with the Hon. Elizabeth B. Brown (Bankr. D. Colo.), at the Bankruptcy Case Law Update to the Colorado Bar Association sponsored by the Bankruptcy Subsection (Spring 2015).
Bankruptcy & Estate Planning: A primer on fundamental bankruptcy principles and examination of selected intersections between estate planning and bankruptcy (1-hour long presentation to Colorado estate planning practitioners).