Notable Experience

In his over 20 years of experience, Kevin has been involved in hundreds of matters, stretching from the mundane to exciting and publically reported. Regardless of how interesting particular representations were, they all matter to the clients. Some of Kevin’s more notable representations include:

Chapter 11 Debtor in Voluntary Case

While in Florida, Kevin was co-counsel for a chapter 11 debtor, Supra Telecom, in a hotly contested bankruptcy case that stretched several years. BellSouth, a creditor owed millions of dollars, fought the debtor at nearly every turn in a case that involved, among other things, multiple adversary proceedings, appeals, considerable discovery, a contested plan, a robust sale process, and ultimately a consensual, complex resolution approved by the bankruptcy court.

Chapter 11 Debtor in Involuntary Case

Kevin represented Confluence Energy, a pellet manufacturer from Kremmling, CO, in relation to an involuntary chapter 11 petition that creditors filed against it. With Kevin’s help, Confluence Energy resolved its dispute with the creditors and caused the chapter 11 petition to ultimately be dismissed.

Chapter 11 Secured Creditor

Kevin represented Summit Construction, a secured creditor owed over $250,000, in relation to the chapter 11 bankruptcy case of Rocky Aspen. Rocky Aspen operated a high-end restaurant in Aspen, CO, known as Aspen Kitchen. Through Kevin’s efforts, Summit Construction settled its dispute and was paid nearly 80% of what it was owed.

Chapter 7 Debtors

Kevin has represented many chapter 7 individual debtors, assisting them collectively discharge millions of dollars of debt. One example is Brooks Kellogg, who scheduled over $35 million of creditor claims. Some five months after the filing of the petition, the bankruptcy court entered its discharge order. Kevin also represents chapter 7 business debtors like, for instance, St. Anselm Exploration Company, which had over $65 million of debt.

Chapter 7 Creditors

Kevin represents creditors in chapter 7 cases as well. For example, Kevin represented Marrick Medical Finance in the chapter 7 bankruptcy case of Greg Churnushin. Mr. Churnushin was a former attorney who the Colorado Supreme Court ultimately disbarred because he, among other things, stole from Marrick. With Kevin’s help, Marrick filed and prosecuted an adversary proceeding to judgment whereby the bankruptcy court held that the debt is nondischargeable, having come about by embezzlement or larceny. The court awarded damages to Marrick for nearly $700,000, plus interest, fees, and costs.

Chapter 7 trustees

Kevin has represented numerous chapter 7 trustees in their efforts to protect their bankruptcy estates, including analyzing potential assets for liquidation and realizing on such opportunities. While representing chapter 7 trustees, Kevin has, among other things, assisted in conducting meetings of creditors, objected to exemptions, commenced and prosecuted adversary proceedings, taken 2004 examinations and otherwise investigated relevant matters, obtained judgments and collected on same, and negotiated and obtained approval of many settlements.


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