Representative Bankruptcy and Litigation Experience
The firm has considerable experience in all types of bankruptcy matters, large and small, including cases in Chapters 7, 11, and 13 of the Bankruptcy Code, on behalf of a variety of constituents such as debtors, creditors, trustees, examiners, and plan administrators. In addition, the firm has meaningful litigation experience in state and federal courts in a variety of types of disputes such as bankruptcy avoidance litigation, commercial disagreements, and enforcement of monetary judgments. With regard to Chapter 13 cases, some of this experience is on behalf of several secured creditors, including homeowner associations.
Chapter 7 Bankruptcy In his over two decades of experience, Kevin has been involved in hundreds of matters, stretching from the mundane to exciting and publically reported. Some of Kevin’s more notable representations include:
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. In addition, Kevin has confirmed Chapter 11 reorganization plans for two of the debtors that he has recently represented: for Littleton Day Surgery Center, LLC and VESCO Consulting Services, LLC.
Kevin represented Confluence Energy, a pellet manufacturer from Kremmling, Colorado, 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.
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, Colorado, known as Aspen Kitchen. Through Kevin’s efforts, Summit Construction settled its dispute and was paid nearly 80% of what it was owed. In addition, Kevin represented Key Government Finance, an affiliate of Key Bank, in obtaining relief from stay to pursue and recover money owed to it by the U.S. government as a result of Chapter 11 debtor’s wrongful taking of the client’s money. Kevin has also helped several landlords and an insurance company in large Chapter 11 cases throughout the country, including Sears, Sports Authority, Forever 21, and Lucky’s Market.
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, Aegis Creative Communications, Inc. ($2.7 million of debt), Ultra Energy Solutions, Inc. ($1.6 million of debt), and Bomber Industries, Inc. ($400,000 of debt).
Kevin represents creditors in Chapter 7 cases as well. For example, Kevin represented Marrick Medical Finance in the Chapter 7 bankruptcy case of Greg Chernushin. Mr. Chernushin 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
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.