Litigation Experience (Including Assignments and Receiverships)

The firm has considerable experience in all types of commercial litigation in state and federal courts, including relating to bankruptcy avoidance litigation (for example, preference and fraudulent transfer claims), commercial disagreements, and obtaining and enforcing monetary judgments or defending against such actions.

Local counsel to defendant in state court litigation. Matter proceeded to jury trial where jury found in favor of client.

Local counsel to plaintiff and judgment creditor, BlueLinx Corp., in state court litigation.

Counsel to defendant in relation to multi-claim complaint filed by corporate debtor.

Local counsel to defendants K. Hovnanian First Homes, LLC and First Mortgage Lenders of Florida, LLC in commercial litigation.

Local counsel to plaintiff, Foreign Trade Corporation, in relation to commercial litigation.

Counsel to plaintiff in intellectual property litigation against publisher and other parties; negotiated consensual resolution.

Counsel to state court receiver in various receiverships.

Local counsel to the Plan Administrator, prosecuting various adversary proceedings against professionals and directors and officers, and otherwise assisting in administration of case post-confirmation.

Counsel to assignee in assignment for the benefit of creditors.

Counsel to creditor Key Government Finance, Inc. in Chapter 11 case as well as related adversary proceeding to determine validity, priority, and extent of liens.

Counsel to purchaser of assets from assignee in assignments for the benefit of creditors. Previously represented assignors.

Counsel to the Chapter 11 trustee in nearly all facets of this complex case and two related appeals. Matters include attending to four adversary proceedings; defending the estate against stay relief and abstention motions, motion to intervene, motion for recoupment, and motion to convert; and engaging in the plan process through disclosure statements and plans.

Co-counsel to largest Florida competitive local exchange carrier in its Chapter 11 reorganization, and related litigation outside of Bankruptcy Court. In process, litigated numerous contentious matters with Bellsouth, ultimately resulting in reducing Bellsouth's claim from some $170 million to about $37.5 million. Confirmed plan of reorganization.

Counsel to plaintiff in § 523 nondischargeability action against individual debtor.

Counsel to defendant in avoidance action with client sued under preference and fraudulent transfer claims for over $600,000.

Counsel to defendant in avoidance action with client sued under preference and fraudulent transfer claims for over $450,000.

Local counsel to Reddy Ice Corporation, defending it against avoidance action.

Local counsel to defendant, Credit Union of Texas, in complex commercial litigation.

Counsel to plaintiff in relation to multi-claim nondischargeability complaint filed against debtor based on, among other things, fraud and theft. Judgment entered in favor of plaintiff for nearly $800,000.

Counsel to lessor plaintiff in commercial litigation against lessee defendant for breach of lease; prevailed following bench trial to court.

Local counsel to defendant, H.L. Dalis, Inc., in relation to commercial litigation.

Local counsel to defendant, USA Summit Distribution, LLC, in relation to commercial litigation.

Counsel to defendants in adversary proceeding that challenged their discharge, prevailing after trial.

Download .DOC Document   Download the Published Decision.

Counsel to Colorado's largest workers' compensation insurance in relation to protecting its interests in bankruptcy and collection matters, including bankruptcy cases in and out of Colorado. This includes adversary proceedings filed by and against Pinnacol Assurance, the former being, for example, non-dischargeability matters and the latter being avoidance and recovery litigation.

Local counsel to defendant, Spectrum Commercial Services Company, in litigation commenced by Chapter 7 trustee to deem defendant unsecured. Defendant prevailed before Bankruptcy Court.

Counsel for defendant in preference litigation, settling $97,400 claim for $5,000.

Local counsel to defendant, Robinson Construction Company, in avoidance action; assisted in settling same.

Counsel to employer in litigation against employee for theft, among other things.
Obtained judgment against employee and assisted client collect on same.

Counsel to individual defendant in avoidance action, negotiating consensual resolution.

Counsel to defendant, Elite Logistics, Inc., in state court litigation, negotiating consensual resolution through mediation.

Counsel to defendant, Littlefield Oil Co., in avoidance action filed in Bankruptcy Court; negotiated settlement.

Local counsel to defendant insurer, Euler Hermes American Credit Indemnity Company, in state court litigation; assisted in relation to settlement of matter.

Counsel to defendant in breach of notes and tort litigation. Successfully moved to dismiss certain claim via published opinion.

Counsel to guarantor defendant in breach of contract litigation.

Counsel to defendant in avoidance litigation, assisting in consensual resolution of same with resulting dismissal of complaint.

Local counsel to defendant, Thelen, LLP, in avoidance action commenced by Chapter 7 trustee.

Local counsel to Georgia-Pacific Corporation, defendant in avoidance litigation commenced by Chapter 7 trustee.