Practice Areas & Industries: Holland & Hart LLP

Practice/Industry Group Overview

A Leader in Bankruptcy Representation
Holland & Hart's Bankruptcy Practice Group is a leader in bankruptcy, insolvency, restructuring, and creditors' rights throughout the Mountain West Region. With highly experienced practitioners in our Colorado, Idaho, Montana, Utah, and Wyoming offices, we are prepared to deal efficiently and effectively with all kinds of bankruptcy or insolvency matters our clients might face.

Comprehensive Experience and Coordinated Efforts
Our success in representing bankruptcy matters arises from the refined skill and experience of our lawyers and the tremendous resources that accompany a full-service law firm. Bankruptcy is a unique area of practice requiring highly specialized knowledge of the law, an understanding of how that law fits into the broader legal and commercial framework, and a full range of transactional and litigation skills. Our lawyers are particularly effective because we have the experience to bring this combination of skills to bear on any legal problem.

Our industry experience includes almost every conceivable type of business, both in the region and nationally. Our clients are financial institutions, commercial lenders, landlords, equipment lessors, asset purchasers, and a host of others whose interests are affected by bankruptcy.

Services Available

Bankruptcy Court Litigation. We litigate in bankruptcy court in cases ranging from the simplest to the most complex. Our goal is to achieve the best results we can for our clients at the least possible cost, using the knowledge and experience of Holland & Hart lawyers in specialties within our bankruptcy practice as well as technology tools, and in-house trial consulting, as necessary.

Counseling. Bankruptcy and creditors' rights can be highly complex, and a mine field for those who do not plan properly. We counsel our clients as debtors and creditors at the earliest stages of a problem's development to try to get the best results. We also advise our clients as transactions are being negotiated and structured to minimize the risks posed by the potential future bankruptcy of any party, including issues such as preferences, fraudulent transfers, and executory contracts.

Negotiation and Workout. Successful negotiation is the key to solving many debt problems. We encourage the negotiation and workout of financial problems to our clients' benefit. We maintain good relationships and communication with the other attorneys to avoid any artificial barriers to working out debt problems, to try to avoid needless litigation.

Creditor Representation. We spend a great deal of time counseling and representing our secured and unsecured creditor clients, both within and outside of the bankruptcy context. We work with creditors' committees in Chapter 11 cases and on behalf of creditors in cases under all chapters of the Bankruptcy Code. We assist our creditor clients in obtaining all of the available creditor remedies, including relief from the automatic stay in bankruptcy, dismissal and conversion of bankruptcy cases, creditors' plans of reorganization, and opposing and negotiating debtors' plans of reorganization, as well as the many other unique challenges that arise in each case.

Representation of and Participation in Creditors' Committees. We have represented leading creditors on creditors' committees in many large bankruptcies. We know the dynamics of Chapter 11 cases and the ways in which creditors' committees function and can effectively act to enable our clients to optimize the benefit of that process.

Formulation and Litigation of Chapter 11 Reorganization Plans. We have proposed Chapter 11 plans on behalf of debtors and opposed them on behalf of creditors. Our experience gives us confidence in handling all types of cases competently.

Debtor Representation. We have represented debtors under all of the chapters of the Bankruptcy Code, including reorganizations under Chapters 9 and 11. We offer our clients counseling and negotiation services, as well as representation in formal bankruptcy proceedings.

Tax Planning in Workouts and Bankruptcy. We provide tax counsel to both debtors and creditors in our workouts and bankruptcy. Debt forgiveness, debt restructuring, and exchanges of property for debt are planned to minimize tax liabilities and to preserve valuable tax attributes. We also advise debtors and creditors as they bargain for the use and treatment of tax assets such as net operating losses.

Representation of Purchasers of Assets. Bankruptcy, particularly Chapter 11, sometimes offers unique opportunities to acquire businesses and assets on favorable terms. Together with the firm's business lawyers, we can do everything necessary to accomplish an acquisition that in any way involves bankruptcy or insolvency.

Chapter 9 Municipal Bankruptcies. We have taken several special districts through the Chapter 9 reorganization process. As a result of this experience, we are familiar and comfortable with this developing area of bankruptcy law.

Above all, we are a client-driven firm. Our clients' goals are our goals. We stand ready to apply our skills, relationships, and experience to give our clients tailored advice and solutions as quickly and economically as possible.

The Bankruptcy Practice Group provides effective negotiation, litigation, or a combination of the two, while remaining sensitive and responsive to the economics involved in bankruptcy matters.

Experience

We know the bankruptcy system, with all of its subtleties and peculiarities. We know how to navigate through the process to resolve difficult issues and accomplish our clients' goals in the most efficient and effective manner. With the collective talents of the lawyers throughout our regional office network, there is no challenge beyond our experience and ability.

Samples of Our Work

A few examples of recent engagements in which we have successfully represented our clients include:

• Representation of the coal supplier and preservation of its supply contract in the Cajun Electric case, one of the largest utility bankruptcies to date.

   

• Representation of the largest bicycle manufacturer and distributor in the United States involving the successful purchase of bicycle assets in a contested and competitive bidding process in the Schwinn bankruptcy.

   

• Representation of the successful purchaser of Ocean Journey, a major aquarium complex in Denver, in a competitive bidding process, resulting in continued operation of a valuable community cultural asset.

   

   

• Representation of the successful purchaser of the assets of the largest broadband services provider in Northern California.