Bankruptcy & Creditors’ Rights
Davis Graham & Stubbs LLP advises businesses facing regional, national, and international complications arising from the financial distress, bankruptcy, or liquidation of themselves or their business partners.
Our bankruptcy and creditors’ rights clients include major institutional lenders, energy producers and service providers, industrial companies, real estate developers, commercial concerns, and agricultural/ranching interests. We work to advance and protect the interests of all types of creditor constituencies, including secured and unsecured creditors, lessors and lessees, banks and Chapter 11 financers, and asset purchasers. When necessary, we aggressively defend clients against preference and other avoidance actions. Our team also represents debtors, creditors’ committees, bankruptcy trustees, and investors in troubled companies.
We have significant experience assisting clients in acquiring assets out of bankruptcy, from preparing the transactional documents and developing a winning bidding strategy to closing the transaction.
Our team favors a pragmatic approach, recognizing that bankruptcy is not the right solution for every loan in default or distressed company. The firm’s lawyers have helped clients negotiate and implement out-of-court workouts and reorganizations that involve some of the largest enterprises and lending institutions in the Rocky Mountain West. We also counsel clients on how to manage the risks of insolvency on the front end of mergers and acquisitions and other transactions. When the time comes to pursue assets, we help our clients take advantage of all available avenues to be made whole, including foreclosure, receiverships, assignments for the benefit of creditors, and enforcement and collection of judgments across the country and throughout the world.
We have also aggressively and successfully pursued assets throughout the world on behalf of aggrieved creditors.
Representative Experience
- In re Augustus Energy Resources, LLC, United States Bankruptcy Court for the District of Delaware, 18-10580. Represented Chapter 11 debtor in possession in its sale of assets in Section 363 auction and sale transaction followed by dismissal of Chapter 11 case.
- In re Y&K Sun, Inc., United States Bankruptcy Court for the District of Colorado, 16-14761. Represented Chapter 11 Trustee in the sale of a shopping center through competitive auction, followed by a confirmed Chapter 11 liquidating plan.
- In re Petroshare Corp., et al., United States Bankruptcy Court for the District of Colorado, 19-17633. Represented oil fields services client in connection with its statutory lien and state court lien foreclosure action.
- Granby Practice, LLC v. Granby Realty Holdings, LLC, District Court, Grand County, Colorado Case No. 2020CV30003. Represented secured lender in state court foreclosure and receivership action involving a ski and golf resort near Granby, Colorado.
- In re Craig J. Walker, United States Bankruptcy Court for the District of Colorado, 15-18281. Represented secured lender in connection with Chapter 11 proceeding resulting in consensual Joint Plan of Liquidation.
- In re Piney Woods Resources, Inc., United States Bankruptcy Court for the Northern District of Alabama, 19-01390. Represented secured and DIP lender in credit bid sale of coal properties.
- In re Cloud Peak Energy, Inc., United States Bankruptcy Court for the District of Delaware, 19-11047. Represented qualified bidder in effort to acquire all assets of Cloud Peak Energy and its affiliates – the third largest coal operation in the U.S.
- In re Ute Mesa Lot 2, LLC, United States Bankruptcy Court for the District of Colorado, 1716194. Represented secured creditor in successful prosecution of a motion to dismiss a Chapter 11 bankruptcy as a bad faith filing.
- In re III Exploration II LP, United States Bankruptcy Court for the District of Utah, 1626471. Represented successful purchaser of oil and gas assets in Section 363 auction.
- In re Nighthawk Royalties LLC, United States Bankruptcy Court for the District of Delaware, 1810989. Represented successful purchaser of oil and gas assets in Section 363 auction.
- In re Gryphon Gold Corp., United States Bankruptcy Court for the District of Nevada, 1351496. Represented secured creditor in obtaining dismissal of a Chapter 11 proceeding in Nevada.
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