Bankruptcy and Restructuring

Areas of Focus

With experience across insolvency contingencies and the bankruptcy system, we help clients resolve thorny issues and achieve their business goals.

Bankruptcy and restructuring are crises clients hope they never face. But when they do, our team actively represents them in bankruptcy filings, adversary proceedings, receiverships, out-of-court restructurings, and other distressed scenarios.

We also guide buyers and sellers through asset acquisitions and sales in Chapter 11 and Chapter 7 cases, and in state court receiverships, including bid procedures and competitive bidding scenarios, sale processes, court approval, and closing.

Clients seek our counsel in structuring transactions to protect their interests in the event of a bankruptcy or other insolvency scenario. They rely on our advice to negotiate, draft, and exercise their rights and remedies before and during bankruptcy, and to plan for the eventualities of bankruptcy.

Our experience comes from representing all major constituencies, including secured and unsecured creditors, asset purchasers, estate representatives, trustees, avoidance action defendants, official and ad hoc creditors' committees, and debtors.

Bankruptcy and Restructuring Client Results

Representation of the coal supplier and preservation of its supply contract in the Cajun Electric case, one of the largest utility bankruptcies ever
Representation of the largest bicycle manufacturer and distributor in the United States in the successful purchase of the bicycle assets in a contested and competitive bidding process in the Schwinn bankruptcy
Representation of the successful purchaser of Ocean Journey, a major aquarium complex in Denver, in a competitive bidding process, resulting in continued operation of a valuable community cultural asset
Representation of the successful purchaser of the assets of the largest broadband services provider in Northern California
Representation of the Creditors' Committee in one of the largest cases ever filed in Idaho
Representation of the Creditors' Committee in a major Ponzi scheme case in Northern Colorado
Representation of the Yellowstone Chapter 11 Liquidating Trust, including prosecution of hundreds of claims objections and adversary proceedings, administration of domestic and foreign assets, and appeals to the Ninth Circuit Court of Appeals and the Bankruptcy Appellate Panel
Represented of the franchisor to the debtor/franchisee in one of the largest, most complicated franchise cases in the Rocky Mountain region, resulting in confirmation of the franchisor's reorganization plan
Representation of the purchaser of an aviation design and manufacturing company in a unique purchase out of Chapter 7, in which the goal was to keep the company alive despite its liquidation proceeding
Representation of a national consumer auto lender in a precedent-setting case decided by the Tenth Circuit Court of Appeals on trustees' remedies in preference actions, limiting the standard remedy to avoidance and preservation of the lien rather than monetary recovery
Counsel to international technology services company involving commercial contracts, licensing, and leasing agreements
Counsel to international mining companies, including mine operators and joint venture partners
Counsel to national and regional oil and gas companies, including producers, operators, non-operators, and midstream companies