Office:
Onsager | Guyerson | Fletcher | Johnson
1801 Broadway SUITE 900, Denver, CO 80202
Memberships:
American Bankruptcy Institute, Faculty of Federal Advocates, Colorado Bar Association (bankruptcy subsection co-chair 2013-2015), Denver Bar Association, Boulder Bar Association
University:
University of Colorado, B.A., 1999
Law School:
University of Colorado Law School, J.D., 2005
Reported:
Representative CasesIn re Southwest Concrete Pumping, Inc. (Bankr. D. Colo. 2012). Andy was lead counsel for three related debtors in a jointly administered chapter 11 bankruptcy case. The firm obtained an order authorizing the debtors to use cash collateral over the objections of two secured creditors, and the firm successfully fought adequate protection for two secured creditors. The firm also obtained orders denying motions for relief from stay filed by two secured creditors. After lengthy negotiations, the debtors confirmed a plan of reorganization in August 2013 with 100% acceptance of the plan.Digital Advertising Displays, Inc. v. Sherwood Partners, LLC, 2013 WL 179271 (D. Colo. Jan. 17, 2013). Andy was part of the team that represented Sherwood Partners in defending Sherwood Partners and dismissing substantially all of the claims against Sherwood.Rancher v. GasRock Capital, LLC, 10-01173-MER (Bankr. D. Colo. 2010). Andy was part of the team that represented the debtor in an adversary proceeding to avoid preferences under § 547, fraudulent transfers under § 548, and post-petition transfers under § 549, all arising from a complex oil and gas financing that occurred prior to the bankruptcy. The case settled favorably for the debtor.In re Rancher Energy Corp., (Bankr. D. Colo. 2009). Andy was part of the team that represented an oil and gas company in a chapter 11 reorganization. The debtor sold its principal assets and confirmed plan with 100% payout to unsecured creditors and more than $1.5 million to equity).Lofstedt v. Clark, (Bankr. D. Colo. 2011). Andy was part of the team that represented a chapter 7 trustee in an adversary case in which the chapter 7 trustee asserted claims against multiple defendants for preferences against non-statutory insiders under § 547, and fraudulent transfers under §§ 544 and 548. The case settled favorably.Weinman v. PNC Bank, N.A., (Bankr. D. Colo. 2010). Andy was part of the team that represented the unsecured creditors committee in the chapter 11 case of an office supply company. The case converted to a chapter 7, and Andy was part of the team that represented the chapter 7 trustee in an adversary proceeding to avoid the attachment of a security interest to the debtor's right to receive a substantial tax refund as a preference under § 547. The case settled favorably.Rayner v. Reeves, 502 Fed. Appx. 776 (10th Cir. 2012). Andy represented two creditors in an adversary proceeding seeking the non-dischargeability of debts against an individual in chapter 7. Andy's clients won in the bankruptcy court on summary judgment, and successfully defended the ruling in appeals to the Bankruptcy Appellate Panel and the Tenth Circuit.Valley Bank & Trust Co. v. Spectrum Scan, LLC, 696 F.3d 1051 (10th Cir. 2012). Andy was part of the team that represented a chapter 11 trustee in an adversary proceeding, and subsequent appeals, to avoid a security interest in an FCC radio license.Automotive Finance Corp. v. Wildfong, 12-01288-EEB (Bankr. D. Colo. 2012). Andy represented a chapter 7 debtor in an adversary proceeding in which a creditor sought to have a debt declared non-dischargeable. The case settled favorably.High Desert Properties, LLC v. Grand Valley National Bank, (Bankr. D. Colo. 2010). Andy was part of the team that represented a chapter 11 debtor in an adversary proceeding to avoid a security interest a real estate developer's right to collect sewer cost recoveries. The firm's client won on summary judgment.Thompson v. Thompson, (Bankr. D. Colo. 2011). Andy represented a chapter 7 debtor in an adversary proceeding in which an ex-spouse sought a judgment that debts were non-dischargeable under § 523(a)(15).Peters v. Prentiss, (Bankr. D. Colo. 2010). Andy represented chapter 7 debtors in an adversary proceeding in which the trustee sought to avoid certain liens on the debtor's house, and capture the benefit of liens released post-petition. The case settled favorably.FirstAgain, LLC v. Hasenauer, (Bankr. D. Colo. 2010). Andy represented a creditor that commenced an adversary proceeding against a chapter 7 debtor to determine the dischargeability of a debt under § 523(a)(2). The case settled favorably.Whyte v. H-2 Enterprises, (Bankr. D. Del. 2010). Andy represented a creditor in connection with the chapter 11 bankruptcy of an oil pipeline company. A liquidating trustee commenced an adversary proceeding against the creditor to recover preferences under § 547. The case settled favorably.Lehman Brothers Holding, Inc. v. Clarion Mortgage Capital, Inc. (D. Colo. 2009). Andy was part of the team that defended a regional mortgage lender against “putback” claims by a purchaser of mortgages. The plaintiff voluntarily dismissed the case.In re Centrix, (Bankr. D. Colo. 2006). Andy was part of the team that represented the liquidating trustee in analyzing preference liability under § 547 and commencing approximately 60 adversary cases to recover preferences.Andy represented a seller of stock in two state court lawsuits against purchaser of stock for failing to cause the release of guarantees of debt for the company. Both cases resulted in wins for the client: one case went to trial and judgment was for client; the other case resulted in judgment for client on summary judgment.Andy has represented beneficiaries of self-directed IRAs in challenges by creditors and bankruptcy trustees to the exempt status of the self-directed IRAs.Andy has represented a number of business owners in filing for chapter 7 bankruptcy protection and in workouts and out of court restructurings with lenders.At a prior firm, Andy represented regional lenders in negotiating and documenting asset-based loans, mezzanine loans, and real estate secured loans. Andy also represented regional lenders in working out and liquidating non-performing loans. Publications:The Pitfalls of Self-Directed IRAs after In re Daley, American Bankruptcy Institute Tax Newsletter, Sep. 2013.“Moving Debtors Beware: Two Year Look-Back Period Under § 522(b)(3)(A),” American Bankruptcy Institute Journal, June 2012.“Juggling Chainsaws: Recent Decisions and Bankruptcy Issues for the Mechanic's Lien Trust Fund Statute” (co-author), The Colorado Lawyer, Dec. 2010.“Valuations Using a Liquidation Premise” (co-author) published in the Law Education Institute, 26th Annual National CLE Conference, Nov. 2008.
Biography:
Andy’s bankruptcy practice focuses on representing businesses, business owners, and trustees in out-of-court restructurings, chapter 11 and chapter 7 bankruptcies, and related litigation. He ha...