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Denver
T: 303-830-0800
F: 303-830-0809
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University of Santa
Clara School of Law, J.D., 1979
University of Colorado, B.A., 1976 (Italian Language and
Literature)
Tenth Circuit Court of
Appeals Ninth
Circuit Court of Appeals
U.S. District Court, Colorado
U.S. District Courts, Northern, Eastern,
Central and Southern Districts of California
Colorado
California |
General Overview
Donald D. Allen has focused his practice on
representation of secured creditors, asset purchasers,
debtors, official committees, trustees and various
governmental entities in workouts, restructurings,
bankruptcy proceedings and commercial real estate
matters for more than 28 years. Don is a Business
Bankruptcy Specialist certified by the American Board of
Certification.
Areas of Concentration
Bankruptcy and
Restructuring
Creditors’ Rights
Foreclosure
Distressed
Investments
Real
Estate Lending
Representative
Transactions/Representative Cases
-
In re Geneva Steel, LLC – represented
Chapter 11 Trustee regarding claims administration,
including the following: Reduced $445 million in
filed claims to $117 million in allowed unsecured
claims. Reduced $42 million PBGC Claim to $19
million. Reduced long term gas supply contract claim
in original amount of $25 million to $18 million.
Obtained complete dismissal of $10 million
administrative claim for alleged defaults in
postpetition sale agreements with China based
recycled steel company. Resolved numerous employment
and grievance related claims filed by United Steel
Workers. Administered multiple distributions
aggregating more
than $30,000,000 to over 1,500 unsecured creditors
-
In re PRB Energy, Inc. –
represented Chapter 11 Debtor regarding confirmation
of true Chapter 11 reorganization plan resulting in
issuance of new stock in publicly traded company.
Resolved $21,000,000 in claims by subordinated note
holders
-
In re Soleco – represented
secured lender with claims exceeding $17,000,000.
Obtained single asset real estate finding at
contested evidentiary hearing and subsequent relief
from stay within 130 days of case being filed
-
In re Young – represented bank
lender secured by assisted living facility in
Chapter 7. Successfully moved for Trustee’s
abandonment of the bank’s collateral
-
In re Davis - represented
institutional bank lender in action to deny
discharge of borrower’s debt based on debtor having
fraudulently obtained the loan. Obtained judgment of
non-dischargeability for $350,000, the entire amount
owed to bank
-
In re Future Beef Operations -
represented mechanics lien creditor with $6,000,000
claim for custom design-build services for state of
the art beef processing plant. Obtained relief from
stay and abstention order
-
In re NC Telecom, Inc. -
represented county commissioners with postpetition
administrative claims against Hi Speed DSL provider.
Successfully negotiated complete assumption of
contract and obtained 100% credits to county for
prepetition agreements made by Debtor
-
In re Kaiser Coal –
Reduced unsecured claims through omnibus claims
objections and supervised calculation and
distribution of $18,000,000 to unsecured creditors
-
Superior Choice v. Norlarco and
Colonial Savings v. Norlarco – defended
complaints filed by various financial institutions
against liquidator of failed credit union related to
mortgage servicing rights and loan participation
claims
-
In re TWA, In re Kitty Hawk, In re
Western Pacific, In re National Airways –
represented various airports regarding leases,
passenger facility charges and claims against
chapter 11 debtors
-
In re Solder Works –
represented Chapter 11 Debtor engaged in
manufacturing of custom quick turnaround circuit
boards. Successfully defended debtor against
repeated motions by landlord of non-residential real
estate for relief from stay. Obtained orders
allowing use of cash collateral subject to claims by
accounts receivable factoring companies
-
In re Duo Dairy – represented
milk cooperative seeking relief from stay based on
cooperative agreement and commodities forward
contracts to offset milk proceeds against debtor’s
obligations to cooperative.
-
In re Polydyne International –
represented Chapter 11 Debtor that owned 300 acres
of land near Denver International Airport whose
creditors included several hundred German nationals
with debenture claims. Successfully opposed numerous
relief from stay motions and confirmed plan over
objections. Conducted open meeting vote on plan in
Germany
-
In re Mainstreet Holdings, LLC
- represented Chapter 11 Debtor engaged in real
estate development and manufacture and sale of
modular homes. Successfully confirmed Chapter 11
reorganization plan.
-
In re T.E. Associates LLC -
represented purchaser of assets from Chapter 11
Debtor engaged in shopping mall development. Took
lead role in successful purchase of assets free and
clear of liens
-
In re Western Integrated Networks
- represented Chapter 11 Debtor that was single
source provider of telephone, internet and cable
television to residential and small business
customers throughout the United States. Successfully
rejected leases of non-residential real property and
consummated sale of assets pursuant to 11 U.S.C. §
363 for $10,000,000
-
In re Charles Hughes & Company
- represented Chapter 7 Trustee in liquidation of
nationwide furniture and fixture manufacturer and
installer. Obtained avoidance settlements and
judgments against numerous trade creditors and
former officer and director of debtor
-
In re Jato Communications -
represented creditor filing petition for involuntary
bankruptcy for telecommunications company that was
disbursing assets without paying creditors. Obtained
expedited appointment of trustee in involuntary
case
Publications
and Presentations
-
Collection Law Tips and
Strategies, National Business Institute, 2012
-
Boot Camp: Foreclosure and Loan
Workout Procedures, National Business Institute,
2011
-
How to Obtain Good Title in Real
Estate Transactions, National Business
Institute, 2011
-
Bankruptcy Litigation 101, National
Business Institute, 2011
-
Negotiating Real Estate Loan Terms
and Workout Options, National Business
Institute, 2010
-
Advanced Issues in Foreclosure,
National Business Institute, 2010
-
Advanced Title Insurance Issues,
National Business Institute, 2010
-
Creditors’ Rights and Bankruptcy,
Sterling Education Services, 2009
-
Bankruptcy for Creditors,
Colorado Bar Association CLE, 2009
-
Nuts and Bolts of Bankruptcy,
National Business Institute, 2009
-
Real Property Foreclosure: A Step
by Step Workshop, National Business Institute,
2009
-
Title Law in Colorado,
National Business Institute, 2009
-
Bankruptcy and Real Estate
Development, Business Law Institute, 2009
-
Chapter 11 and Alternatives for
Businesses in Financial Distress, National
Business Institute, 2008
-
Legal Issues in Real Estate
Foreclosure, National Business Institute, 2008
-
Credit Crunch and Insolvency,
Business Law Institute, 2008
-
In Depth Title Insurance
Principles, National Business Institute, 2007
-
Real Estate Law – Advanced Issues
and Answers, National Business Institute, 2007
-
Commercial Loan Documentation,
Lorman, 2006
-
Resolving Title Issues,
National Business Institute, 2006
-
Colorado Real Estate Title Update,
Half Moon, 2005
-
Professor of Business Law and
Critical Thinking, University of Phoenix,
1997-2001
Professional and
Community Involvement
-
American Bankruptcy Institute
-
Turnaround Management Association
-
Former Co-Chair, Bankruptcy
Subsection, Colorado Bar Association
Awards and Recognition
-
Certified Business Bankruptcy
Specialist, American Board of Certification
-
AV Preeminent Peer Review Rated,
Martindale-Hubbell Legal Directory
-
Colorado Super Lawyer, Bankruptcy,
2010, 2011, 2012
Admissions
-
Tenth Circuit Court of Appeals
-
Ninth Circuit Court of Appeals
-
U.S. District Court, Colorado
-
U.S. District Courts, Northern,
Eastern, Central and Southern Districts of
California
-
Colorado
-
California
Related Employment
-
Holland & Hart, LLP (Of Counsel)
-
RTC (Deputy Managing Attorney)
-
FDIC (Section Chief - Transactions
and Advisory Opinions)
-
FDIC (Section Chief - Bankruptcy
Section)
Education
-
University of Santa Clara School of
Law, J.D., 1979
(Board of Editors, Law Review; Trial Attorneys
Outstanding Oral Advocate)
-
University of Colorado, B.A., 1976
(Italian Language and Literature)
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