- Restructuring and Creditors' Rights
- Financial Institutions Litigation
- Business and Class Action Litigation
- Securities Litigation
- Real Estate Litigation
|University ||Vanderbilt University, B.A., 1974|
|Law School||Creighton University School of Law, J.D., cum laude, 1977|
|Admitted||1988, Colorado; U.S. Court of Appeals for the Tenth Circuit; U.S. Court of Appeals for the Ninth Circuit; U.S. Court of Appeals for the Eighth Circuit|
Memberships and Affiliations
American and Colorado Bar Associations
|Born||Council Bluffs, Iowa, March 28, 1952|
Mr. Bernstein is a partner in the Denver office of Kutak Rock LLP and is the Chair of the office's Litigation Practice Group. He has an extensive background in representing financial institutions as well as in commercial litigation, creditors' rights and bankruptcy. His main practice and experience focuses on commercial and corporate litigation disputes and he has managed a substantial number of complex litigation matters that involve real estate, construction, securities, business torts, fiduciary breach claims, lender liability and shareholder disputes. His practice also involves numerous creditors' rights issues and he represents secured lenders in commercial bankruptcy cases. Mr. Bernstein received the AV rating by Martindale-Hubbell and also has been recognized by his peers inColorado Super Lawyers for 2007 through 2013.
•Counsel to a financial institution and bondholders in a complex chapter 11 bankruptcy and related litigation which involved defaulted bonds. Successfully obtained a dismissal of the bankruptcy case and litigation.
•Successfully represented a financial institution in a breach of fiduciary duty matter, in which the institution served as a trustee of various trusts, and obtained a resolution of asserted claims.
•Successfully defended a large construction company in complex chapter 11 bankruptcy cases in which the company's mechanic's liens were challenged on various grounds by other secured creditors and trustees.
•Counsel to a large franchisor on a variety of business litigation and bankruptcy matters dealing with lien priority disputes.
•Represented a large secured lender in a matter based on allegations of failure to fund a loan commitment.
•Counsel to a national real estate company resulting in the successful defense of breach of contract and fraud claims relating to the marketing and sale of commercial real estate.
August 24, 2011An Issuer's Payments on Tradable Debt Securities May Be Protected From Avoidance in a Subsequent Bankruptcy Case of the Issuer
The Second Circuit recently held, in a case of first impression, that a pre-bankruptcy payment by an issuer of commercial paper to redeem the commercial paper can constitute a protected settlement payment under the Bankruptcy Code that is not avoidable as a preference or as a constructively fraudulent transfer in a subsequent bankruptcy case of the issuer.
November 9, 2010Super Lawyers Chooses Kutak Rock Western Attorneys
April 6, 2010Colorado Attorneys Named to Super Lawyers List
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