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

James T. Markus is a co-founder and member of Markus Williams Young & Zimmermann LLC, and is certified by the American Board of Certification as a Business Bankruptcy Specialist and a fellow of the American College of Bankruptcy Fellows. Jim specializes in the representation of secured creditors, lessors, asset purchasers, official committees, debtors and trustees in commercial transactions, distressed debt transactions, workouts, restructurings, and Chapter 11 bankruptcy proceedings.

Representative Transactions/Representative Cases

  • In re American Eagle Energy - Co-counsel to secured noteholders owed in excess of $1,75,000,000 in chapter 11 proceedings of a Baken Field energy producer
  • In re United States Bentonite  - represented collateral agent and bondholders owed in excess of $40,00,000 in chapter 11 proceeding of a Wyoming based bentonite producer
  • In re Fresh Produce - represented senior secured creditor in chapter 11 proceedings of a regional women's clothing boutique
  • In re Coupounas - represented outdoor specialty retailer "GoLite" in chapter 11 proceedings
  • In re Geneva Steel Company and related cases - Chapter 11 trustee administered over $200,000,000 in complex liquidating Chapter 11 proceeding. Successfully prosecuted related litigation matters recovering over $20,000,000
  • In re United Producers, Inc. – represented prepetition lender, DIP lender and exit finance lender owed in excess of $80,000,000 in successful reorganization
  • In re Johnson Dairy – represented prepetition lender owed in excess of $50,000,000
  • In re Schwinn Bicycle Company - represented the debtor in sale involving over $151,000,000 and confirmed plan of liquidation
  • In re Future Beef Operations - represented prepetition secured lender and DIP lender owed $160,000,000
  • In re Convergent Communications, Inc.; In re Western Pacific Airlines, Inc.; In re Recycling Industries, Inc.; In re NetLibraries, Inc. - represented the unsecured creditors’ committee in each case
  • In re Ocean Journey, Inc. - counsel for the bond holders’ committee in bankruptcy sale of Denver aquarium
  • In re Energy Fuels, Ltd. and In re Nuexco Trading Corporation - counsel for 363 purchasers of domestic and international uranium assets
  • In re America West Airlines, Inc.; In re Braniff Airlines, Inc.; In re Midway Airlines, Inc. - counsel for major trade creditors
  • In re Cray Computer – represented prepetition lender owed in excess of $30,000,000
  • Represented FDIC as secured creditor in numerous bankruptcy proceedings
  • Represented a private equity fund in prevailing in a multimillion dollar, multi asset fraudulent transfer litigation in state and bankruptcy court resulting in a 100% recovery
  • Represented a private investment fund in prevailing in a multi-state, multi project fraudulent transfer litigation involving dozens of partnerships and limited liability companies
  • Represented audit committee and board of a public company in connection with an accounting fraud investigation and in connection with the restructuring of its debts
  • Represented liquidating trustee in director and officer liability litigation resulting in recovery of more than $8,000,000
  • Represented local, regional and national secured creditors in dozens of foreclosures and receiverships including condominium projects, mountain resorts, timeshares, hotels, office buildings, health clubs, apartments, ice arenas, car dealerships, development projects, strip malls, mixed use properties and other matters
  • Represented private equity funds in connection with acquisitions of distressed companies, utilizing UCC sales, state court receiverships, and bankruptcy 363 sales

Publications and Presentations

  • Oil and Gas: The Fractured State of the Industry - Opportunities; 34th Annual National CLE, January 2017
  • Shark Tank - "The Absolute Priority Rule Should Not Apply to Individual Debtors and To Till or Not To Till", American Bankruptcy Institute Winter Leadership Conference, December 2016
  • Bankruptcy for Bank Attorneys; Colorado Bar Association, October 2016
  • Contributing Editor, American Bankruptcy Institute Journal
  • Contributing Editor, Healthcare Insolvencies treatise, American Bankruptcy Institute
  • Contributing Editor, The Executive’s Guide to Remedies treatise, Equipment Leasing Association of America
  • ABI Commission To Study The Reform Of Chapter 11: Recommendations To Modernize And Improve Chapter 11 For Small And Middle-Market Companies; American Bankruptcy Institute Journal, March 2015
  • What Do Clients Really Want; American Bankruptcy Institute Annual Spring Meeting, April 2015
  • The Ups and Downs of the Oil and Gas Industry, Turnaround Management Association, April 2015
  • Gazing Into The Crystal Ball: What Areas Should Bankruptcy Professionals Be Looking Toward For Business, 33rd Annual National CLE Conference, January 2015
  • Making Reorganization Work For Small Businesses and High Net Worth Individuals, 33rd Annual National CLE Conference, January 2015
  • Still More Questions Than Answers: Unresolved and Problem Issues in Individual Chapter 11 Cases, National Conference of Bankruptcy Judges, October 2014
  • Individual Chapter 11 Cases, American Bankruptcy Institute Conference, August, 2014
  • Chapter 11 Update, Colorado Bar Association, August, 2014
  • Individual Chapter 11 Cases: Questions and More Questions, Wyoming Bar Association, April, 2014
  • Chapter 11 Plan Confirmation – Cram- Down, Competing Plans, New Value,31st Annual National CLE Conference, January, 2014
  • Moderator: A View From The Bench, Turnaround Management Association, May 2013
  • The Do’s and Don’t’s of Effective Oral and Written Advocacy, American Bankruptcy Institute Annual Spring Meeting April 2012
  • Individual Chapter 11 Cases, National Conference of Bankruptcy Judges, October 2011
  • Moderator of the Great Debates, American Bankruptcy Institute Annual Spring Meeting, April 2011
  • Single Asset Real Estate Bankruptcy Cases, 29th Annual National CLE Conference, January 2011
  • Moderator of the Great Debates, American Bankruptcy Institute Winter Leadership Conference, December 2010
  • Hot Topics In Real Estate Issues, Midwestern Bankruptcy Institute, October, 2010
  • Dealing with the FDIC and Special Servicers, American Bankruptcy Institute Southwestern Bankruptcy Conference, September, 2010
  • Recent Developments in Asset Sales, Hawaii Bankruptcy Workshop, August, 2010
  • Moderator of the Great Debates, American Bankruptcy Institute Annual Spring Meeting, May 2010
  • Real World Business Bankruptcy Sales: From Beginning to Close, American Bar Association Spring Meeting, April 2010
  • Liquidating Chapter 11s, Legal Education Institute, National CLE Conference, January 2010
  • Moderator of the Great Debates, American Bankruptcy Institute Winter Leadership Conference, December 2009
  • Moderator of the Great Debates, American Bankruptcy Institute Annual Spring Meeting, April 2009
  • How to Thrive in a Restructuring Economy: Creating Value for Your Company and Investors, Association For Corporate Growth, April 2009
  • Alternatives to Bankruptcy, Receiverships, ABC’s, Friendly Foreclosures and Other Ways to Maximum Value, Legal Education Institute, National CLE Conference, January 2009
  • Moderator of the Great Debates, American Bankruptcy Institute Winter Leadership Conference, December 2008
  • Moderator of the Great Debates, American Bankruptcy Institute Annual Spring Meeting, April 2008
  • Individual Cases Under Chapter 11 of the Bankruptcy Code-  Fitting Square Pegs into Round Holes, Legal Education Institute, National CLE Conference, January 2008
  • Individual Cases Under Chapter 11 of the Bankruptcy Code, American Bankruptcy Institute Winter Leadership Conference, December 2007
  • Individual Chapter 11 Cases - Best of the Best, American Bankruptcy Institute, April 2007
  • Individual Chapter 11 Cases, American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 2007
  • Professional Fees After Lemay, American Bankruptcy Institute Winter Leadership Conference, December 2005
  • PACA and PSA Trusts Traps for the Unwary, Journal of Corporate Renewal, October 2005
  • Status of Corporate Counsel following the Appointment of a Chapter 11 Trustee, American Bankruptcy Institute Annual Spring Meeting, April 2005
  • Treatment of Executory Contracts Pursuant to §365(b)(2)(D), American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 2005
  • Embedded Software and Other Intellectual Property Issues in Bankruptcy, Equipment Leasing Association Legal Forum, May 2004
  • Dirt For Debt Techniques to Reconstruct Distressed Real Estate, American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 2004
  • Asset Sales in Bankruptcy, Colorado Bar Association, September 2003 
  • Vari-L Company - A Discussion of a Successful Post-Fraud Turnaround, Turnaround Management Association, April 2003
  • Anatomy of an Effective Asset Sale - Schwinn Bicycle’s Bankruptcy, Turnaround Management Association, November 2001
  • Moderator, Luncheon Debates, American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 2001
  • Advanced Chapter 11 Workshop, American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 2000
  • Post-Petition Enforcement of Pre-Petition Contractual Provisions in Bankruptcy Cases, American Bankruptcy Institute Financing Banking Committee, April 1999
  • Asset Sales in Bankruptcy, American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 1999
  • Anti-Discrimination Provisions of 11 U.S.C. § 525 - Do They Have Any Real Meaning?, American Bankruptcy Institute Healthcare Committee, April 1998

Professional and Community Involvement

  • Chair (2014-2015), Immediate Past President (2013); President (2012-2013), and, Vice President of Education (2008-2011); Director; Member, Management and Executive Committees, American Bankruptcy Institute
  • Director (2015 - ), Rocky Mountain Children’s Law Center (2014- )
  • Former Director, President, and Chairman, American Board of Certification
  • Former Member, Illinois Secretary of State Corporate Act Advisory Committee
  • Founding Board Member; Former Chapter President, Rocky Mountain Chapter, Turnaround Management Association
     

Awards and Recognition

  • Fellow, American College of Bankruptcy
  • Ex- Officio Member of American Bankruptcy Institute’s Commission To Reform Chapter 11
  • Certified Business Bankruptcy Specialist, American Board of Certification
  • AV Preeminent Peer Review Rated, Martindale-Hubbell Legal Directory
  • Best Lawyers in America
  • Top Lawyer in Denver Area
  • Best Denver Lawyers
  • Denver Lawyer of the Year – Bankruptcy & Creditor/Debtor Rights
  • America’s Most Honored Professionals

Related Employment

  • Rothgerber, Appel, Powers & Johnson (Associate) - Denver, CO
  • Holleb & Coff (Associate) - Chicago, IL
  • Keck, Mahin & Cate (Associate) - Chicago, IL

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