Matthew Faga is a partner and member of Markus Williams Young & Hunsicker and concentrates his practice on commercial restructuring, dissolution, pre-bankruptcy workouts, bankruptcy and insolvency law, with a focus on strategic resolution of client matters. Mr. Faga represents all key stakeholders including corporate debtors and debtors-in-possession, secured and unsecured creditors, trustees, purchasers, and fiduciaries in adversary proceedings and throughout bankruptcy chapters 7, 11, 12, 13 and 15.

Mr. Faga also represents federal and state court appointed asset and entity receivers in receivership actions, workouts and restructurings in Colorado and Wyoming. Mr. Faga also has significant appellate experience in oral advocacy and brief writing at both the state and federal court levels. Mr. Faga is certified in Business Bankruptcy Law by the American Board of Certification.

Prior to joining the firm, Mr. Faga was a law clerk for the chief judge of the U.S. Bankruptcy Court for the District of Colorado. Matthew is an experienced speaker and presenter on many distress, restructuring and insolvency issues, and has remained actively engaged in the bankruptcy legal community for well over a decade in various roles. Currently, Mr. Faga serves as chair or director on various boards, and regularly teaches as an adjunct professor at the University of Denver Sturm College of Law. Mr. Faga was honored as a member of the 2017 inaugural class of the American Bankruptcy Institute’s 40 Under 40 Award.

Represented various unsecured and secured lenders and protected creditor interests in many commercial chapter 11 bankruptcy cases and adversary proceedings.

Represented various Colorado business entities (for profit and non-profit) in successful wind downs and dissolutions.

Represented asset and entity receiver in partnership dispute involving a Colorado cannabis business resulting in reallocation of membership interests, workouts with creditors and settlement amongst the key stakeholders.

Represented entity receiver in fraud action resulting in recovery of $2.5 Million for distributions under a state court approved plan of distribution.

Represented asset and entity receiver and custodian for two entities in connection with transition from state court receivership to chapter 11 bankruptcy cases.

Represented asset receiver in ponzi scheme asset recovery action and defended victims of ponzi scheme in claw back action.

In re Nitrocrete, LLC – represented five related chapter 11 debtors in successful $6.7 Million sale of substantially all assets to purchaser.

In re Niner, Inc.  – represented chapter 11 debtor in successful $3.5 Million sale of substantially all assets to purchaser.

In re Brundage-Bone Concrete Pumping, Inc. – represented chapter 11 debtor, the country’s largest concrete pumping company.  Successfully obtained confirmation of plan of reorganization that restructured $240,000,000 of debt and allowed the company to emerge from bankruptcy and exceed its plan projections.

In re Colorado Sports Group, LLC – represented chapter 11 debtor engaged in the operation of an indoor ice rink in Monument, Colorado.  The confirmed plan of reorganization restructured over $2,000,000 of secured and tax debt.

In re Let’s Go Aero, Inc. – represented chapter 11 debtor in proceedings, defended intellectual property license agreement dispute and resolved dispute through mediation.

Represented Chapter 7 bankruptcy trustees in a wide variety of bankruptcy matters, including nondischargeability proceedings, fraudulent transfer and preference actions, and objections to claims, and objections to claimed exemptions.

Publications and Articles

Co-Author, American Bankruptcy Institute Bankruptcy Litigation Manual: What Civil Litigators Need to Know, 2nd ed., December, 2020

Publisher and Norton Bankruptcy Law Adviser, Tenth Circuit Review, Norton Bankruptcy Law Adviser (March 2018; March 2019; March 2020; March 2021; March 2022)

Published Case Comment: Matthew Faga, Non-Obviousness: The Fulcrum of Combination Patent Validity, 85 Denv. U. L. Rev. 485 (2007)

Speaking Engagements and Presentations

Presenter, Adding Value at the Front End: Applying Tempnology and Other Contractual Planning, American Bankruptcy Institute Northeast Bankruptcy Conference & Consumer Forum, Rockport, Maine, July 2022

Presenter, 2021 Bankruptcy Bench-Bar Roundtable, Faculty of Federal Advocates, November 2021

Presenter, Cannabis Bankruptcies and Receiverships, 4th Annual Cannabis and Hemp Symposium, Colorado Bar Association, Denver, Colorado, February, 2020

Presenter, How to Negotiate and Draft Sale Documents and Pleadings in chapter 11 Cases, American Bankruptcy Institute Winter Leadership Conference, Rancho Palos Verdes, California, December, 2019

Presenter, 2019 Court Orientation – Making a Positive Court Connection, Denver Bar Association, November 2019

Presenter, Blockchain and Crypto 2.0 and Marijuana and Hemp Updates, Business Law Institute, September 2019

Presenter, Evidentiary Focus on Deposition, Cross-Examination & Testimony Prep, American Bankruptcy Institute Southeast Conference, Amelia Island, Florida, July, 2019

Presenter, 2018 Bankruptcy Bench-Bar Roundtable, Faculty of Federal Advocates, November 2018

Presenter, 2018 Court Orientation – Making a Positive Court Connection, Denver Bar Association, November 2018

Presenter, Business Bankruptcy Legal Update, American Bankruptcy Institute Annual Spring Meeting, Washington, D.C., April 2018

Presenter, Bankruptcy Courtroom Technology – A Primer, American Bankruptcy Institute (abiLive webinar), February 2018

Presenter, Local Bankruptcy Rules Review, U.S. Bankruptcy Court Brown Bag Lunch, Colorado Bar Association, December 2017

Presenter, 2017 Court Orientation – Making a Positive Court Connection, Denver Bar Association, November 2017

Moderator, Judicial Local Bankruptcy Rules Review, Colorado Bar Association, October 2017

Presenter, Consumer Bankruptcy Update 2016, Colorado Bar Association, December 2016

Presenter, 2016 Court Orientation – Making a Positive Court Connection, Denver Bar Association, November 2016

Presenter, The Life and Death of an LLC, Business Law Institute, September 2016

Presenter, Maximizing Technology in the Courtroom and the Law Office, American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, January 2016

Monthly Presenter, Bankruptcy Court Courtroom Technology Training, Colorado Bar Association, January 2015 through April 2016

Presenter, Bankruptcy Case Law Update, Colorado Bar Association, March 2012; March 2014; September 2015; and December 2016

Presenter, 2015 Court Orientation – Making a Positive Court Connection, Denver Bar Association, November 2015

Volunteer Professional and Community Involvement

Director, Board of Directors for the American Board of Certification (2021–present); Marketing Committee Member and Judicial Awareness Subcommittee Vice Chair, American Board of Certification (2021–present)

Rocky Mountain Bankruptcy Conference Co-Chair, American Bankruptcy Institute (2022-present)

Rocky Mountain Bankruptcy Conference Advisory Board, American Bankruptcy Institute (2019-present)

Executive Committee At-Large Member, Business Law Section Executive Counsel, Colorado Bar Association (2022-2024); Executive Committee Officer, Business Law Section Executive Counsel, Colorado Bar Association (Treasurer, Secretary Vice Chair, Chair, Immediate Past Chair) (2017-2022)

Co-Chair (current) and Executive Committee Member, Emerging Industries and Technology Committee fka Technology and Intellectual Property Committee, American Bankruptcy Institute (2016-2022)

Co-Chair, Bankruptcy Subsection of Business Law Section, Colorado Bar Association (2015-2019)

Attorney Member, Ad Hoc Local Bankruptcy Rules Committee for the Tenth Circuit Bankruptcy Appellate Panel (2021)

Chair, Standing Local Bankruptcy Rules Committee for the United States Bankruptcy Court for the District of Colorado (2017-2019); Member (2012-2019)

Education Committee Member, National Conference of Bankruptcy Judges (2018-Present); NCBJ 2018 NextGen Selectee and Alumnus

Rhone-Brackett American Inn of Court, Academic Programs Chair (2015-2017); Member (2009-2022)

Guest Lecturer, University of Denver Daniels College of Business, Forensic Accounting course (June 2020; September 2021; June 2022) and Strategic Finance course (May 2020)

Guest Lecturer, University of Colorado Boulder Leeds School of Business, Forensic Accounting course (March 2022)

Volunteer, Email Salary Negotiation with students, University of Denver Sturm College of Law, Transactional Negotiations course (February 2021; September 2021)

Bar Fellow, Colorado Bar Foundation (2018-present)

Member, American Bankruptcy Institute

Member, Turnaround Management Association

Member, American Bar Association

Member, Denver Bar Association

Member, Faculty of Federal Advocates, pro bono representation

Rocky Mountain Bankruptcy Conference Advisory Board, American Bankruptcy Institute (2019-present)

Executive Committee Officer, Business Law Section, Colorado Bar Association (2017-2021)

Guest Lecturer, University of Denver Daniels College of Business, Forensic Accounting course (June 2020) and Strategic Finance court (May 2020)

Co-Chair, Bankruptcy Subsection of Business Law Section, Colorado Bar Association (2015-2019)

Chair, Standing Local Bankruptcy Rules Committee for the United States Bankruptcy Court for the District of Colorado (2017-2019); Member (2012-2019)

Education Committee Member, National Conference of Bankruptcy Judges (2018-Present); NCBJ 2018 NextGen Selectee and Alumus

Education Director, Emerging Industries and Technology Committee fka Technology and intellectual Property Committee Leadership, American Bankruptcy Institute (2016-present)

Academic Programs Chair, Rhone-Brackett American Inn of Court (2015-2017); Member (2009-present)

Bar Fellow, Colorado Bar Foundation (2018-present)

Member, American Bankruptcy Institute

Member, Turnaround Management Association

Member, American Bar Association

Member, Colorado Bar Association

Member, Denver Bar Association

Member, Faculty of Federal Advocates, pro bono representation

University of Denver, Sturm College of Law, J.D., 2009 (Law Review; Honor Board Chairman; American Jurisprudence Award for legal research; American Jurisprudence Award for legal writing)

Boston College, B.A., 2003 – Economics and Communications (double major)

Adjunct Professor and Co-founder, University of Denver Sturm College of Law brief writing and oral advocacy course for the annual Duberstein Bankruptcy Moot Court Competition (2015-present)

Law Clerk for the Hon. Chief Judge Michael E. Romero, United States Bankruptcy Court for the District of Colorado

Attorney at Sender & Wasserman, P.C., Denver, Colorado

areas of concentration

Bankruptcy and Restructuring

Receiverships (State and Federal)

Commercial Litigation

Creditors’ Rights

Distressed Investments

Fiduciary Litigation

Foreclosure

Awards and Recognition

Certified in Business Bankruptcy Law, American Board of Certification

Honoree, American Bankruptcy Institute’s 40 Under 40 Award, 2017 Inaugural Class

Super Lawyers – 2020, 2021 and 2022 Colorado Super Lawyer; 2018 and 2019

Colorado Super Lawyer Rising Star

Earned the rank of Eagle Scout

admitted

U.S. Supreme Court

Tenth Circuit Court of Appeals

Tenth Circuit Bankruptcy Appellate Panel

U.S. District Court, Colorado

U.S. District Court, Wyoming

State of Colorado

State of Wyoming