PRACTICE AREAS

Corporate Restructuring / Bankruptcy Proceedings

Brad Dempsey has deep first-chair experience handling all aspects of corporate restructuring and bankruptcy cases in Colorado, New York, Delaware, Texas, California, and several other jurisdictions (via pro hac vice admissions) across the United States. Brad’s diverse knowledge covers a broad range of industries where Brad represents secured and unsecured creditors in the following matters:

  • Workout negotiations, forbearance agreements, loan modifications

  • Chapter 7, 11, and 12 proceedings and contested matters in all U.S. Bankruptcy Courts

  • Cash collateral, DIP financing, § 363 sales, and plan confirmation matters

  • Adversary proceedings and appeals within bankruptcy cases (preference/avoidance actions, fraudulent transfer litigation, lien priority disputes, and discharge objections)

  • Representation of bankruptcy and liquidating trustees and Chapter 11 plan agents and committees

Representative Cases

Note: No prior result in a case guarantees a future result that is the same. Each case we handle is individual with different facts and therefore every case is different. We cannot guarantee any specific result in your case.

  • Represented a mezzanine lender in the Colorado Chapter 11 case of an off-campus 438-room student housing apartment property in Denver, Colorado.

  • Represented the Chapter 11 Trustee in the Colorado Chapter 11 liquidation case of a national outdoor products developer and retailer, resolving $70 million of international vendor claims, professional fee disputes, and litigating claims between the liquidating trust and the former owner of the company.

  • Represented a national lender in a Wyoming Chapter 11 case in the recovery of a defaulted loan through a contested bankruptcy § 363 sale of a Colorado meat processing plant that secured the loan.

  • Successfully protected the non-competition and other franchise rights of a national lawn services franchisor by prosecuting objections through an evidentiary hearing in an Alabama bankruptcy case and blocking confirmation of a bankruptcy plan designed by former franchisee owners to evade the franchisor’s rights through bankruptcy.

  • Obtained a 100% recovery with attorneys’ fees for a regional bank on a defaulted loan to a failed Colorado cancer treatment center following the borrower’s two Chapter 11 proceedings, the foreclosure of the borrower’s headquarters building, the UCC foreclosure of all high-tech medical equipment, and state court receivership and eviction proceedings.

  • Represented a large retail mall and office building owner in enforcing lease rejection rights and claims in the bankruptcy cases of retail and office tenants in Chapter 11 cases in New Jersey, New York, Delaware, and Chicago.

  • Represented an international technology company in the enforcement and payment of its multi-million dollar claim in the Texas Chapter 11 case of one of North America’s largest well-drilling and fracking specialists.

  • Represented a private investor in the recovery of a defaulted $2.7 million claim secured by cattle in the Colorado Chapter 11 case of a Colorado beef producer.

  • Defended a national bank against a preference action and objection to its proof of claim brought by the Liquidating Trustee of an Idaho Chapter 11 case.

  • Successfully defended a national franchisor of home care services against a franchisee’s efforts to exploit a Colorado Chapter 11 proceeding to manipulate its litigation proceedings against the franchisor and evade non-compete and payment provisions of its franchise agreement.

  • Represented a national education technology association in a California bankruptcy proceeding of New Media Centers in the negotiation, court approval, and closing of the association’s § 363 acquisition of intellectual property assets from the bankruptcy case.

  • Obtained more than $14 million in recovery for a national lender in the Colorado Chapter 11 and Chapter 7 case of a failed oilfield services company by locating, marshaling, retrieving, and liquidating the company’s substantial pledged oilfield equipment abandoned by the company across seven western states and developing and prosecuting litigation claims against the company’s former employees, directors, and officers.

  • Represented a solar technology company in SunEdison’s New York Chapter 11 case to protect the company’s trade secrets and proprietary technology from unauthorized inspection and inclusion in the sale of SunEdison’s assets to foreign purchasers.

  • Represented a professional sports franchise in Sports Authority’s Delaware Chapter 11 bankruptcy case in the rejection of a sponsorship agreement, securing allowance and payment of an administrative expense claim, and obtaining an order granting relief from stay to remove Sports Authority’s marketing throughout the team’s stadium.

  • Represented the owner of a Colorado Springs restaurant property in the Texas Chapter 11 case of a national restaurant chain and in the enforcement of rejection damages claims after the chain closed its Colorado locations.

  • Represented the Official Unsecured Creditors’ Committee in the Clearwater Development, Inc. Chapter 11 case defaulted loans of more than $60 million secured by a 963-acre golf course real estate development with 535 home sites and an 18-hole golf course in Eagle County, Colorado.

  • Served as bankruptcy counsel to large homeowners’ associations managing luxury condominiums and townhomes in Colorado ski communities and enforced statutory liens for defaulted assessments against a large property owned by the perpetrator of a national Ponzi scheme.

  • Obtained a full recovery in the Lehman Brothers Chapter 11 case for a technology services vendor that provided sophisticated teleconferencing systems throughout Lehman’s office buildings.

  • Obtained a full recovery for a critical vendor in the Illinois Chapter 11 Kmart case despite the appellate court’s reversal of an order permitting payments to the client and other “critical vendors.”

  • Served as defense counsel to a national telecommunications company defending the company and managing litigation, discovery, and resolution of preference actions across the United States.