Denver: (303) 830-0800
Park City: (435) 214-3806
Cheyenne: (307) 778-8178

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 30 years. Don is a Business Bankruptcy Specialist certified by the American Board of Certification.

Representative Transactions/Representative Cases

  • In re PRB Energy, Inc. – represented Chapter 11 Debtors engaged in oil and gas exploration and production in DJ Basin and Powder River Basin 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 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 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

Published Opinions

Spectrum Scan, LLC v. Valley Bank and Trust Company, 696 F3d 1051 (10th Circuit 2012). (Confirming that a secured lender’s right to take the economic interest in a radio station FCC license as collateral survives a chapter 11 filing and such security interest is not eliminated by 11 U.S.C. § 552 even though the station and license are transferred postpetition.)

Publications and Presentations

  • Bankruptcy for Bank Lawyers - CBA Financial Institutions Subsection, 2017
  • "When Gushes Go Dry - The Essentials of Oil and Gal Bankruptcy", Second Edition ABI Press, 2016 (Contributing Editor)
  • Purchasing Assets Out of Bankruptcy (With an Emphasis on Oil and Gas Properties) CBA Business Law Instritute, 2016
  • Colorado Credit Agreement Statute of Frauds, CBA Financial Instiutions Subsection, 2016
  • Bankruptcy & Restructuring in the Oil and Gail Industries in 2016 & Beyond, The Knowledge Group Webcast, 2016
  • New Bankruptcy Rules and Forms, Ethics in Bankruptcy Court - NBI, 2016
  • Representing Distressed Companies, CBA Business Law Institute, 2016
  • Estate Planning for Owners of Oil and Gas Interests, NBI, 2016
  • Oil and Gas Bankruptcies, CBA Business Law Institute 2015
  • Testimony Before Colorado Senate Sub-Committee - Proposed Amendments to Colorado Foreclosure Statute, 2015
  • Testimony Before Colorado Senate Sub-Committee - Proposed Colorado Fiduciaries Act, 2015
  • 2014 Rocky Mountain ABI Conference – Moderator – Energy Panel (Oil and Gas, Coal, Bio Diesel)
  • “When Gushers Go Dry – The Essentials of Oil and Gas Bankruptcy, ABI Press,2012 (Contributing Editor)
  • Colorado Foreclosures and Workouts, NBI, 2014)
  • Effects of Obamacare on Small Business, Business Law Institute, 2014
  • Colorado Credit Agreement Statute of Frauds, Colorado Bar Association, CLE, 2014
  • Colorado Credit Agreement Statute of Frauds, Colorado Bar Association, 2013
  • Collecting Judgments, NBI, 2013
  • Bankruptcy Litigation 101,  National Business Institute, 2013
  • Collection Law Tips and Strategies, NBI, 2012
  • Colorado Foreclosures and Workouts, NBI, 2012
  • Resolving Title Issues, NBI, 2012
  • Protecting Creditors Rights During Bankruptcy, NBI, December 2012
  • 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 (ABI)
  • Turnaround Management Association (TMA)
  • Former Co-Chair, Bankruptcy Subsection, Colorado Bar Association
  • Executive Council of the Business Section for the 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

Related Employment

  • Holland & Hart, LLP (Of Counsel) - Denver, CO
  • RTC (Deputy Managing Attorney) - Denver, CO
  • FDIC (Section Chief - Transactions and Advisory Opinions) - Denver, CO
  • FDIC (Section Chief - Bankruptcy Section) San Jose, CA

Denver

1700 Lincoln, Suite 4550
Denver, Colorado 80203
Telephone: (303) 830-0800
Facsimile: (303) 830-0809

Park City

2750 Rasmussen Road, Suite H-104
Park City, UT 84098
Telephone: (435) 214-3806
Facsimile: (435) 214-3811

Wyoming

106 East Lincolnway, Suite 300
Cheyenne, Wyoming 82001
Telephone: (307) 778-8178
Facsimile: (307) 638-1975