Attorneys

Contact

Thomas C. Bell
Partner
303.892.7472
Gregory R. Danielson
Partner
303.892.7438
Tom McNamara
Partner
303.892.7349
Christopher Richardson
Partner
303.892.7420
Ted R. Sikora II
Of Counsel
303.892.7324
James R. Henderson
Associate
303.892.7317
Lee J. Pannier
Associate
303.892.7452

Bankruptcy & Creditors' Rights

Exposure to bankruptcy proceedings is almost inevitable in today’s complex world. DGS provides advice to businesses facing regional, national, and international complications arising out of the financial distress, bankruptcy, or liquidation of themselves or their business partners.

Our bankruptcy and creditors’ rights clients include major institutional, industrial, and commercial concerns, as well as agricultural/ranching interests and individuals. We represent debtors, bankruptcy trustees, stockholders, lessors, lessees, banks, and other institutional lenders, partners, unsecured and trade creditors, purchasers, and creditors’ committees. 

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 have substantial expertise in acquiring or disposing of assets out of bankruptcy.

We represent creditors who are defendants in preference actions brought by bankruptcy debtors, advise lenders and vendors regarding transactions involving potential and actual bankruptcy debtors, represent debtors in complex Chapter 11 cases, prosecute proofs-of-claim for various creditors, and litigate against troubled companies on the brink of bankruptcy. We have also aggressively and successfully pursued assets throughout the world on behalf of aggrieved creditors.

December 2013

Here Today, Gone Tomorrow and Other Consequences of Being Fraudulently Avoided

The Best of ABI 2013: The Year in Business Bankruptcy

The Bankruptcy Code provides the debtor or trustee with a variety of tools to augment the estate through avoidance and recovery actions. This paper will address recent cases of interest involving fraudulent transfers within the 10th Circuit and in other jurisdictions. It has been stated that "[t]he purpose of fraudulent [transfer] law is to make available to creditors those assets of the debtor that are rightfully a part of the bankruptcy estate, even if they have been transferred away." If it were only that simple to determine what is rightfully part of the debtor's estate - however, it is not. With the constructive fraud provisions found in the Code and applicable state law, the transferee of the debtor's property will frequently have a different view as to its entitlement to retain the transferred property.

January 2013

Here Today, Gone Tomorrow and Other Consequences of Being Fraudulently Avoided

Rocky Mountain Bankruptcy Conference

The Bankruptcy Code provides the debtor or trustee with a variety of tools to augment the estate through avoidance and recovery actions. This paper will address recent cases of interest involving fraudulent transfers within the 10th Circuit and in other jurisdictions.

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August 2012

45 DGS Attorneys Named Best Lawyers®

Forty-five DGS attorneys were named Best Lawyers® by publisher Woodward/White, Inc. in its annual guide recognizing legal excellence.

August 2010

Davis Graham & Stubbs Attorneys Top “Best Lawyers” List in Colorado

The newly announced, 2011 edition of the Best Lawyers in America ranks Davis Graham & Stubbs LLP first in Colorado-based law practices for corporate governance and compliance law, environmental law, mergers and acquisitions law, natural resources law, oil and gas law and securities law. This year Best Lawyers recognizes 36 DGS attorneys, including 13 who have been named to the list for at least 10 years. Nearly half (46 percent) of DGS partners are recognized in the definitive guide to legal excellence, in addition to several attorneys of counsel to the firm. Best Lawyers is a peer-review survey of more than 39,000 in-house counsels and private practice attorneys.

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September 2006

Best Lawyers in America Recognizes 26 Davis Graham & Stubbs Attorneys

Twenty-six Davis Graham & Stubbs attorneys practicing in 28 fields will be recognized in the 2007 edition of The Best Lawyers in America. The number of DGS lawyers recognized in the definitive guide to legal excellence increased by five this year, and represents more than 40% of DGS partners overall. DGS ranks first in the number of Colorado-based attorneys listed by the 2007 edition of Best Lawyers in the Commercial Litigation, Natural Resources, Environmental Law, Securities Law and Corporate Governance and Compliance Law practice areas.

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May 2006

Confectioner's Candy, Equipment Can be Sold

Rocky Mountain News

Stephany's Chocolates' lender can sell an estimated $400,000 worth of candy before the sweets start expiring next month, a judge said Thursday. Federal Bankruptcy Court Judge Sidney Brooks granted First National Bank of Colorado's request to be allowed to sell the equipment and remaining inventory of the now-defunct Arvada-based confectioner.

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January 1996

Banker's Dilemma Resolved?: Administrative Freezes and The Automatic Stay

The Colorado Lawyer, Vol. 25, No. 1

Financial institutions often find themselves on the horns of a legal dilemma at the commencement of a bankruptcy proceeding. The so-called "banker's dilemma" develops when a financial institution claims a prepetition right of setoff in a debtor's deposit account. The bank is placed in the untenable position of choosing between: (1) watching its setoff rights disappear as the debtor depletes the account, or (2) risking violation of the bankruptcy automatic stay by placing an "administrative freeze" on the debtor's account. 

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