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Our attorneys have broad and deep experience in COMMERCIAL bankruptcy, out-of-court restructuring and complex litigation.

ATTORNEYS

Andrew D. Johnson

Andrew D. Johnson is a member of the firm and focuses his practice on representing businesses and business owners in out-of-court restructurings, chapter 11, subchapter V, and chapter 7 bankruptcies, and related litigation. For more than 18 years, Andy has represented clients in the retail, construction, hospitality, automotive, real estate, oil and gas, mining, broadcasting, communications, broadband internet, and high-tech industries, among others. Andy litigates select matters in state and federal court, often when collectability or insolvency issues arise. Andy also represents clients in sales and purchases of distressed businesses and assets, in and out of bankruptcy.

Recent Experience

Represented the lead debtor in chapter 11 bankruptcy cases in In re Revenant Denver, Inc., et al, 21-11331 (Bankr. D. Colo.), a group of broadband internet service providers for rural Colorado and New Mexico. Andy was hired to salvage a rocky start to the case, for which the debtor had not yet obtained approval to use cash collateral or pay employees or post-petition debts, among other things. Andy helped the debtors negotiate the consensual use of cash collateral, a debtor-in-possession loan to complete three very time-sensitive construction projects, and negotiated and obtained court approval for a sale of substantially all assets that resulted in a confirmed joint plan of reorganization that paid all non-insider unsecured claims in full, with interest. This was one of the few cases in Colorado in which a consumer privacy ombudsperson was statutorily required prior to the asset sale.

Represented defendants in SGS Acquisition v. Guarnera et al, 2023 U.S. Dist. LEXIS 552 (D. Colo. 2023) in an alleged misappropriation of trade secrets case relating to a large zinc mine. Andy obtained summary judgment on numerous claims, a directed verdict following jury trial in defendants’ favor and an award of attorneys’ fees against the plaintiff for a bad faith claim of misappropriation.

Represented general contractor in stalled luxury ski-town real estate development that resulted in a chapter 11 case with more than $50MM in debt. Andy assisted in obtaining payment in full to the contractor, with interest.

Represented owner and guarantor of food and beverage industry business in successful workout of guaranty debts and settlement of lawsuits after business shutdown.

Represented owner and guarantor of franchised hospitality industry business in debt restructuring.

Represented purchaser of construction industry businesses in and out bankruptcy in acquisition and roll-up of distressed businesses.

Represented numerous chapter 7 trustees and defendants in more than 100 bankruptcy avoidance actions (§ 547 preferences, § 548 fraudulent transfers, breach of fiduciary duty, and other claims) resulting in favorable settlements and successful trial outcomes.

Represented defendant in bankruptcy adversary proceeding for alleged fraudulent transfer arising from real estate transactions with successful outcome at trial.

Represented chapter 11 liquidating trustee of public oil company in a “bet the company” fraudulent transfer adversary proceeding that settled favorably.

Obtained reversal of $2MM fee award against alleged patent infringer in the Federal Circuit Court of Appeals.

Represented national construction industry debtors and confirmed joint plan of reorganization for three related entities with aggregate debts above $20MM.

Represented numerous defendants in § 523 dischargeability actions through the Faculty of Federal Advocates. Received the Donald E. Cordova distinguished service awards for 2009, 2010, and 2011.

Volunteers with the Colorado Bar Association pro se bankruptcy clinic.

Education

  • University of Colorado School of Law,Boulder, Colorado
    • J.D. – 2005
  • University of Colorado
    • B.A., Bachelor of Arts – 1999

Publications and Speaking Engagements

  • Presenter: Alternate Paths to Personal Liability as part of Small Businesses in the COVID-19 Recession for Colorado Bar Association
  • Co-Author: A Foolish Inconsistency is the Hobgoblin of Little Minds, But Not For the Judiciary, 25 J. BANKR. L. & PRAC. 309 (2016)
  • Presenter: Trends in exemption law for American Bankruptcy Institute Rocky Mountain Bankruptcy Conference
  • Presenter: Maximizing Technology in the Courtroom and the Law Office for American Bankruptcy Institute Rocky Mountain Bankruptcy Conference
  • Author: The Broad But Underused Subordination Under 510(b) for American Bankruptcy Institute Litigation Section
  • Presenter: Presenting Evidence Electronically in Bankruptcy Courts for the Colorado Bar Association
  • Author: The Pitfalls of Self-Directed IRAs after In re Daley for the American Bankruptcy Institute Tax Newsletter
  • Author: Moving Debtors Beware: Two Year Look-Back Period Under § 522(b)(3)(A) for the American Bankruptcy Institute Journal
  • Co-Author: Juggling Chainsaws: Recent Decisions and Bankruptcy Issues for the Mechanic’s Lien Trust Fund Statute for The Colorado Lawyer
  • Co-Author: Valuations Using a Liquidation Premise published in the Law Education Institute, 26th Annual National CLE Conference

Bar Admissions

  • Colorado, 2005
  • U.S. Bankruptcy Court Colorado
  • U.S. District Court District of Colorado
  • U.S. Court of Appeals 10th Circuit

Professional Associations

  • American Bankruptcy Institute Board Member Rocky Mountain Bankruptcy Conference since 2018
  • Business Law Section of the Colorado Bar Association, former officer of Executive Council
  • Former co-chair of the Bankruptcy subsection of the Business Law Section of the Colorado Bar Association

Practice Areas

  • Bankruptcy
  • Commercial litigation and appeals
  • Business transactions

Honors

  • Received the Donald E. Cordova distinguished service awards for 2009, 2010, and 2011