In our practice, we regularly represent the same types of clients, which include the following:
Creditors have claims against debtors and are usually owed money. We represent all types of creditors in and out of judicial proceedings like bankruptcy cases, whether they are secured, undersecured, or unsecured. Examples of creditors include insurers, landlords, financial institutions like banks and credit unions, principals and employees of businesses, and other types of vendors and suppliers of goods and services. In these capacities, we protect our clients’ rights, including in relation to (i) perfecting liens and filing and defending proofs of claims; (ii) pursuing administrative expenses; (iii) seeking and obtaining stay relief; (iv) objecting to discharge of debts; (v) protecting against use of cash collateral and seeking adequate protection; and (vi) otherwise monitoring and participating in the bankruptcy process.
Debtors file for bankruptcy and are the individuals or entities in some type of distress, usually because of financial or litigation problems. We represent business and individual debtors in and out of Chapter 11 and Chapter 7 bankruptcy cases.
Trustees and receivers are appointed to be fiduciaries in the court system, generally looking out for the best interests of creditors. We have considerable experience representing Chapter 7 and Chapter 11 trustees and receivers, assisting them operate businesses, wind-down businesses, and liquidate assets for the benefit of creditors.
We represent liquidating trustees, plan administrators, disbursing agents, and other similar fiduciaries who are often appointed through the Chapter 11 plan process to liquidate and disburse assets of debtors for the benefit of creditors – frequently through post-confirmation litigation.
A considerable part of our Denver firm’s practice is representing plaintiffs and defendants in bankruptcy litigation. Plaintiffs are usually debtors or trustees in Chapter 7 and Chapter 11 cases, while the defendants are typically third parties alleged to have done something improper such as being the transferee of alleged preferential or fraudulent transfers.
The firm represents plaintiffs and defendants in many types of commercial disputes, often stemming from frayed business relationships. These proceedings can be in state or federal court, and the amount and issues in controversy can vary wildly. While we prefer to resolve matters consensually with no or little litigation, sometimes fully litigating a matter before a neutral trier of fact is the only means to conclude a matter.
In some larger Chapter 11 bankruptcy cases, committees of creditors will be appointed to look out for the interests of general unsecured creditors. The firm represents these types of committees with a goal to achieve the best possible dividend return to unsecured creditors.
Sometimes it is more desirable to commence a state-court liquidation proceeding as opposed to other options like seeking relief in federal bankruptcy court. Assignments for the benefit of creditors is one such option where the person or entity in distress (the assignor) will assign assets to a fiduciary (the assignee) so that the assignee can, in an orderly manner, liquidate such assets for the benefit of the assignor’s creditors. The firm represents assignors and assignees in these types of situations.