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Bankruptcy and Creditors' Rights Durham Jones & Pinegar represents parties in interest in all facets of Chapter 11 reorganization and Chapter 7 liquidation cases under the Bankruptcy Code. The Firm also represents clients in out-of-bankruptcy workouts, receiverships, and other domestic and cross-border insolvency cases, as well as in related litigation and appeals and transactional structuring and opinions.
Members of the Firm's Bankruptcy Group have been counsel in bankruptcy matters resulting in dozens of published opinions and have argued bankruptcy appeals at all levels, including the United States Supreme Court. Two of our attorneys serve as panel trustees in Chapter 7 bankruptcy cases and as appointed trustees in Chapter 11 cases in Utah and Nevada. Three of our attorneys formerly practiced with a national firm prior to that firm's closure of its Salt Lake City office.
Either with the Firm or at prior firms, members of the Firm's bankruptcy practice have represented clients in nearly every major Chapter 11 reorganization case and every major Chapter 7 liquidation case in Utah for the past twenty-five years, as well as in significant bankruptcy cases in other jurisdictions. Representations have included the following, either in a lead or supporting counsel role:
Creditor and Committee Representations
- Utah Transit Authority, as creditor of ASARCO (Texas)
- Pacificorp, as creditor of W.R. Grace (Delaware)
- Creditors and/or parties sued by liquidating trusts of Ultimate Electronics (Delaware); DMX Music, Inc. (Delaware); Pliant Corp. (Delaware); RHC Spacemaster Corp. (Illinois)
- Travelers Casualty & Surety Company (creditor, surety, and DIP lender of contractor Beneco Enterprises, Inc.) (Utah)
- The Savage Companies (nationwide materials transportation/handling company; various creditor/preference defense cases; advice on acquisitions and distressed investments) (Utah, Texas, Colorado)
- Creditors of Michael Cherniske (Utah)
- Creditors Committee in the Infinia Chapter 11 cases (Utah)
- Creditors' Committee in the Arrow Dynamics Chapter 11 case (Utah)
Buyers and Sellers of Assets of Troubled Companies
- Skywest Airlines, as purchaser of Atlantic Southeast Airlines from Delta Airlines (New York)
- Sinofirst Trading, as purchaser of assets of Eurogas, Inc. (Utah)
- Public Service of Colorado, as plan proponent and purchaser of significant assets in the Colorado-Ute Chapter 11 case (Colorado)
- Prospective purchasers of the assets of Wabash Electric Association in its Chapter 11 reorganization (Indiana)
Secured Lenders and Equipmentt Lessors
- Zions First National Bank, as secured creditors in workouts and bankruptcies (Utah, Idaho)
- Washington Square Capital, the largest secured creditor in the Rocky Mountain Helicopters Chapter 11 case (Utah)
- ITT Commercial Finance Corp., as an equipment lessor in the PST Vans Chapter 11 case (Utah)
Chapter 11 Debtor, Trustee, and Examiner Representations
- North Silver Lake Lodge (Utah)
- The Examiner of Tri-Valley Distributing in its Chapter 11 reorganization (Utah)
- Mission Health Services (Utah)
- National School Fitness Foundation (Utah)
- Avalon Digital Marketing Systems (Utah)
- The Chapter 11 trustee of Cajun Electric Power Corporation (Lousiana)
- CF&I Steel Corp. (Utah)
- Maritime Group, Ltd. d/b/a Palace Casinos in the workout of its privately held bond debt and as debtor's counsel in its Chapter 11 case (Mississippi)
- Geneva Steel (Utah)
- The Examiner of the A.H. Robins Company in its Chapter 11 reorganization (Virginia)
- The Examiner appointed in the Ricci Investment Company case (Utah), involving gas station and convenience store properties in Utah and Colorado
- Kenneth A. Rushton, as Chapter 11 trustee of the estate of Donald E. Armstrong (Utah)
- The Chapter 11 trustee of the Brianhead Ski Resort in its Chapter 11 reorganization (Utah)
- Sweetwater, one of the largest resort time-sharing operations in the country (Utah)
- Beehive International, a computer manufacturer (Utah)
- Duane H. Gillman, as Chapter 11 trustee of BCD Corporation (Utah)
- Duane H. Gillman, as Chapter 11 trustee of CFS Financial Corporation, a general partner of 475 partnership with businesses spread all over North America (Utah)
- Duane H. Gillman, as Chapter 11 trustee of Leland and Helen Fitzgerald (Utah)
- Duane H. Gillman, as Chapter 11 trustee of Theron Daniel Whiting and Susie Grace Whiting (Utah)
Chapter 7 Trustee Representations
- Timothy R. Cory, as Chapter 7 Trustee of Sheldon Cloobeck (Nevada)
- R. Kimball Mosier, as Chapter 7 Trustee of JD Services (Utah)
- Kenneth A. Rushton, as Chapter 7 Trustee of Sunnyside Coal (Colorado)
- David E. Smoot, as Chapter 7 Trustee of Utah Aircraft Alliance (Utah)
- Steven R. Bailey, as Chapter 7 Trustee of Wayne Ogden, a case involving a classic Ponzi scheme (Utah), and as Chapter 7 Trustee of Redman, LLC, a real estate case (Utah)
- Duane H. Gillman, as Chapter 7 Trustee of Northwest Publishing, a case involving fraudulent transfers, a Ponzi scheme, and establishing the liability of officers for all debts in the case (Utah) (Gillman v. Vantreese (In re Northwest Publishing), Adversary Proceeding No. 97-2036 (Bankr. D. Ut. 2000)); as Chapter 7 Trustee of Hammond Computer Corporation (Utah); as Chapter 7 Trustee of T&D Management (Utah) ; and as trustee of Kent Richardson (Utah)
- David C. West, as trustee of Twin Lakes Real Estate, LLC (Utah)
Insurer Representation in Mass Tort Cases
- Everest Reinsurance Company and Mt. McKinley Insurance Company in the Pittsburgh Corning Chapter 11 case (Pennsylvania) and the ARTRA Chapter 11 case (Illinois), both involving asbestos liability
- Affiliated FM Insurance Company in the Pacor Chapter 11 case (Pennsylvania) and the Forty-Eight Insulations case (Illinois), both involving asbestos liability
Contribution to the Development of Bankruptcy Law
Members of the firm have represented clients in important trial court and appellate court decisions critical in the development of bankruptcy law in the United States such as priorities in bankruptcy (including in pension plans and taxes), jurisdiction, equitable subordination, avoiding actions (including in Ponzi schemes), settlements, standing, and plan confirmation. Published appellate decisions in which members of the firm played an important role include the following:
- United States v. Reorganized CF&I Fabricators of Utah, Inc., 512 U.S. 213 (1996)
- Gillman vs. Ford (In re Ford), 2007 U.S. App. Lexis 11559 (10th Cir. 2007)
- Bailey v. Big Sky Motors (In re Ogden), 314 F.3d 1190 (10th Cir. 2002)
- Bailey v. Big Sky Motors (In re Ogden), 314 F.3d 1190 (10th Cir. 2002).
- In re CF&I Fabricators of Utah, Inc., 150 F.3d 1293 (10th Cir. 1998)
- In re Sunnyside Coal Co. 146 F.3d 1273 (10th Cir. 1998)
- In re Cajun Electric Power Cooperative, Inc., 119 F.3d 349 (5th Cir. 1997)
- Golfland Entm't Ctrs, v. Peak Inv. (In re BCD Corp.), 119 F.3d 852 (10th Cir. 1997)
- Gillman v. Scientific Research Prods. (In re Mama D'Angelo), 55 F.3d 552 (10th Cir. 1995)
- In re CF&I Fabricators of Utah, Inc., 53 F3d 1155 (10th Cir. 1995)
- In re R. Eric Peterson Constr. Co., 951 F.2d 1175 (10th Cir. 1991)
- In re Sweetwater, 884 F.2d 1323 (10th Cir. 1989)
- In re A.H. Robins Co., Inc., 880 F.2d 779 (4th Cir. 1989)
- In re A.H. Robins Co., Inc., 880 F.2d 769 (4th Cir. 1989)
- In re A.H. Robins Co., Inc., 880 F.2d 694 (4th Cir. 1989), cert. denied, 493 U.S. 959 (1989)
- In re A.H. Robins Company, Inc., 832 F.2d 299 (4th Cir. 1987), cert. denied, 485 U.S. 962
- Flygare v. Boulden, 709 F.2d 1344 (10th Cir. 1983)
- Whiting v. Gillman (In re Whiting), 325 B.R. 339 (Bankr. 10th Cir. 2005)
- G&B Aircraft Management v. Smoot (In re Utah Aircraft Alliance), 342 B.R. 327 (BAP 10th Cir. 2007)
- United States v. Reorganized CF&I Fabricators of Utah, Inc., 1995 U.S. Dist. LEXIS 7367 (D. Utah 1995)
- In re CF&I Fabricators of Utah, Inc., 169 B.R. 874 and 179 B.R. 704(D. Utah 1994)
Attorneys serving this practice group:
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