Practice Areas & Industries: Holme Roberts & Owen LLP

Practice/Industry Group Overview

The financial restructuring, corporate reorganization and bankruptcy practice group of Holme Roberts & Owen LLP (HRO) provides legal representation in connection with the out-of-court restructuring of real estate and commercial loans, litigation arising out of the enforcement of loans and creditors' rights generally, and complex corporate restructuring and liquidation through bankruptcy proceedings. We have extensive experience representing debtors, unsecured creditors, trustees, secured creditors, creditors' committees and purchasers of assets from bankruptcy estates. This experience enables us to offer knowledgeable counseling on strategic issues, meticulous documentation of complex transactions and effective litigation to achieve favorable results in all aspects of bankruptcy reorganization cases and other debtor-creditor disputes.

Services Available

The practice group is organized to provide clients with the experience that is necessary to represent a client properly in loan restructuring and insolvency matters, from the restructuring and redocumentation of commercial loans to litigation in bankruptcy, other federal and state courts. The practice group consists of commercial lawyers who specialize in the negotiation and documentation of financing transactions, litigators who have substantial trial experience in creditors' rights and lender liability litigation, and bankruptcy lawyers who have participated effectively in every phase of complex corporate reorganizations and liquidations. We have extensive experience in domestic and foreign insolvency proceedings that include cross-border and international issues. Our lawyers are well positioned to provide the following range of services:

• Renegotiation and redocumentation of loans and securing of additional collateral
• Workouts of real estate and energy loans
• Work involving the unique aspects of Colorado lending and real estate law
• International bond financing
• Loan participation
• Environmental liability considerations
• Preservation of lien priority
• Impending bankruptcy considerations
• Avoiding lender liability claims

Foreclosure and Other Creditor Remedies

• Deeds-in-lieu of foreclosure
• Public trustee and judicial foreclosures
• Redemption procedure
• Transfers of certificates of purchase
• Personal property foreclosures under Article 9 of the
• Uniform Commercial Code
• Lender liability litigation
• Prejudgment attachment and replevin
• Enforcement of judicial liens
• Receiverships
• Judgment collection, nationally and internationally
• Collection of judgments from other states and countries domesticated in Colorado
• Fraudulent transfer, alter ego and other state law remedies

Collateral Maintenance and Disposition

• Operation by creditors
• Leasing, including contingent payment leases and earnouts
• Contest of real property tax valuations and protest of property tax assessments
• Negotiation and drafting of management contracts
• Disposition of collateral
• Structuring of seller-financed, sale/leaseback and other complex transactions
• Minimizing seller liability, including environmental liability

Corporate Reorganizations and Bankruptcy Litigation

• Relief from the automatic stay
• Use of cash collateral and post-petition financing
• Assumption and rejection of executory contracts
• Preference, fraudulent conveyance and other lien avoidance
• Contested involuntary petitions
• Objections to discharge and dischargeability
• Purchase of assets from bankruptcy estates
• Negotiation, objection to, and confirmation of plans of reorganization
• Bankruptcy appeals

HRO is one of the Rocky Mountain region's oldest and largest commercial law firms. The practice group therefore draws on the experience of nearly 200 lawyers in the firm's offices located in Denver, Boulder and Colorado Springs, Colorado, Salt Lake City, Utah, San Francisco, California, and London, England. As a result, clients of the practice group have also benefitted from the firm's skills in the areas of financial institution and securities regulation, lender liability, corporate, employee benefits, taxation and environmental law. The firm is organized to ensure that transactions and litigation of great complexity and size are handled expeditiously and cost-effectively. Our offices are fully integrated by a state-of-the-art computer system that also offers direct access to several state governmental offices and bankruptcy and other federal courts throughout the United States.

Clients:
Storage Technology Corporation, Unsecured Creditors' Committee of Coast to Coast Stores, Inc, Vail Associates, Inc, Securities Investor Protection Corporation ("SIPC"), Qwest Communications Corporation