Holly Shilliday represents clients in all aspects of commercial litigation, bankruptcy, and work-outs including plan confirmations, non-dischargeability actions, claim objections, preferences, receiverships, fraudulent conveyances, foreclosures, mechanic's liens, UCC sales, replevins, enforcement of judgments, forbearance documents, deeds-in-lieu of foreclosure, trials, alternative dispute resolution, and appeals. In addition, she represents and advises lenders and franchisors in franchise-related bankruptcy cases, leads due diligence projects in connection with the acquisition of loan portfolios, and defends claims arising from the Truth-in-Lending Act, Fair Debt Collection practices, and Fair Credit Reporting Act requirements.
Representative Litigation
Published Cases
· Eastman v. Renzenberger, 493 F.3d 1151 (10th Cir. 2007)
· In re Western Asbestos Company, 313 B.R. 859 (N.D. Cal. 2004)
Professional Memberships & Activities
· Colorado Bar Association/18th Judicial District Bar Association
· State Bar of California
- Committee for the Administration of Justice (2002-2005)
· American Bankruptcy Institute
· American Bar Association
· International Franchise Association
· Turnaround Management Association
· Denver Metropolitan Chamber of Commerce
- Leadership Denver Class of 2007
- Colorado Exchange (2011)
- Leadership Exchange (2011)
· Wings Over the Rockies Air & Space Museum
- Gala Planning Committee (2008-present)
· Colorado Ethics in Business Alliance
- Executive Board Member, Vice President (2006-present)
· Junior Achievement (2004-present)
Representative Presentations & Publications
· U.S.Supreme Court Enforces Credit Card Arbitration Agreement in Class Action, Co-Author, Financial Services Litigation Bulletin (January 2012)
· Planning for the Financially Troubled Client, Co-Presenter, CLE International (June 2011)
· Bankruptcy Law, Co-Author, 2009 Annual Survey of Colorado Law, Continuing Legal Education in Colorado, Inc. (May 2010)
· Deeds-in-lieu, Foreclosure, Successor Liability, Bankruptcy, Lien Trust Fund Statute, and Lien Trust Fund Statute Liability Issues, Co-Presenter, Colorado Bar Association, CLE, Real Estate Section (October 2009)
· Highlights of Significant Changes to the 7000's, 8000's, 5011-1, 9019-2 & 9010 Rules, Co-Presenter, Colorado Bar Association, CLE, Bankruptcy Section (June 2009)
· Bankruptcy Law, Co-Author, 2008 Annual Survey of Colorado Law, Continuing Legal Education in Colorado, Inc. (May 2009)
· Consumer Workshop IV - Ethically Making Adversary Proceedings Affordable to Debtors and Creditors, Co Presenter, 14th Annual Rocky Mountain Bankruptcy Conference, American Bankruptcy Institute, Denver, Colorado (January 2009)
· Franchise Interviews, Presenter on gofranshise.com and blogtalkradio.com with hosts Don Johnson and Martin J. McDermott (September 2008)
· Bankruptcy Law, Co-Author, 2007 Annual Survey of Colorado Law, Continuing Legal Education in Colorado, Inc. (May 2008)
· Consumer Workshop II: Season's Pass or One-Day Lift Ticket? Almost Poor, But Honest, Debtors - Good-Faith Test, 13th Annual Rocky Mountain Bankruptcy Conference, American Bankruptcy Institute, Denver, Colorado (February 14, 2008)
· Bankruptcy Law, Co-Author, 2006 Annual Survey of Colorado Law, Continuing Legal Education in Colorado, Inc. (May 2007)
· Just in Time for Halloween: The Tricks and Treats of a Franchise Bankruptcy Case, Co-Presenter, Colorado Bar Association CLE, Business Section, Franchise Law Subsection (October 2006)
· What Happens to a Franchise Agreement in Bankruptcy, Co-Author, Orange County Lawyer, Vol. 48, No. 9 (September 2006)
· Bankruptcy Issues in Franchising, Co-Author, 39th Annual Legal Symposium, International Franchise Association (May 7-9, 2006)
· Bankruptcy Law, Co-Author, 2005 Annual Survey of Colorado Law, Continuing Legal Education in Colorado, Inc. (May 2006)
· Crimes and Punishments: Violations, Violators and Remedies under Rule 9011 and Discovery Abuses, Presenter, 11th Annual Rocky Mountain Bankruptcy Conference, American Bankruptcy Institute, Denver, Colorado (Voted Best of the ABI) (January 26-28, 2006)
· The New Bankruptcy Act: What the Law Means for Small Businesses, Author, Colorado Biz, Vol. 32., No. 12 (December 2005)
· Chapter 7 Case Administration: Practice Techniques from the Perspective of Debtor's, Creditor's Counsel and Case Trustee, Presenter, Colorado Bar Association, CLE (October 6-7, 2005)
· New Bankruptcy Code Provisions Change the Calculus for Franchisors and Franchisees, Author, The Franchise Lawyer, American Bar Association (September 2005)
· Debtor Requirements - Part I, II & III, The Law of the New Bankruptcy Legislation, Presenter, Colorado Bar Association, CLE (July 2005)
Other Professional Experience
· Jeffer, Mangels, Butler & Marmaro, LLP, Associate (2002-2004)
· Arter & Hadden LLP, Associate (1997-2002)
· Frandzel & Share, PC, Associate (1993-1997)
· United States Bankruptcy Court, Central District of California, Law Clerk (1992-1993)
Publications
03/07/2012, Financial Services Litigation Bulletin - March 2012
The Arizona Court of Appeals Expands Anti-Deficiency Protection for Borrowers
01/30/2012, Financial Services Litigation Bulletin - January 2012
U.S. Supreme Court Enforces Credit Card Arbitration Agreement in Class Action