Matthew T. Faga

Matthew Faga concentrates his practice in the areas of restructuring, bankruptcy and insolvency law, with a focus on the counseling and representation of secured and unsecured creditors, corporate debtors, purchasers, and fiduciaries in bankruptcy cases and related adversary proceedings, as well as non-bankruptcy receiverships, workouts and restructurings.  Mr. Faga has a wide range of experience representing various parties in Chapter 11 cases simple liquidations to complex reorganizations.  Mr. Faga was a law clerk for the chief judge of the U.S. Bankruptcy Court for the District of Colorado, and prior to clerking, he was an attorney at another boutique law firm in Denver.  Mr. Faga is an experienced speaker and presenter on many restructuring and insolvency issues and has remained actively engaged in the bankruptcy community for well over a decade in various roles. He currently serves as a co-chair  for the Bankruptcy Subsection of the Colorado Bar Association and officer of the Business Law Section Committee, and 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.

Representative Transactions/Representative Cases

  • Represented secured lenders and protected creditor interested in many commercial chapter 11 bankruptcy cases and adversary pleadings.
  • Represented various Colorado entities (for profit and non-profit) in successful wind downs and dissolutions.
  • 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.
  • Niner, Inc.  – represented Chapter 11 debtor in successful §363 sale of substantially all assets to purchaser.
  • 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.
  • 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.
  • 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 Presentations

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

Publisher, Tenth Circuit Review, Norton Bankruptcy Law Adviser, March 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

Moderator/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; and September 2015

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

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

Professional and Community Involvement

  • Executive Committee Member, Business Law Section, Colorado Bar Association (2017-2021)
  • 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)
  • Adjunct Professor and Co-founder, University of Denver Sturm College of Law oral advocacy team for the annual Duberstein Bankruptcy Moot Court Competition (2015-present)
  • Education Committee Member, National Conference of Bankruptcy Judges (2018-Present); NCBJ 2018 NextGen Selectee and Alumus
  • Communications Manager, 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
  • Member, American Bankruptcy Institute
  • Member, Turnaround Management Association
  • Member, American Bar Association
  • Member, Colorado Bar Association
  • Member, Denver Bar Association
  • Faculty of Federal Advocates, pro bono representation

Awards and Recognition

  • Honoree, American Bankruptcy Institute’s 40 Under 40 Award, 2017 Inaugural Class
  • Super Lawyers – 2018 and 2019 Colorado Rising Star
  • Super Lawyers – 2018 Colorado Rising Star
  • Earned the rank of Eagle Scout

Related Employment

  • Law Clerk for the Hon. Chief Judge Michael E. Romero, United States Bankruptcy Court for the District of Colorado – Denver, Colorado
  • Sender & Wasserman, P.C. (Attorney) – Denver, Colorado
Matthew T. Faga

Contact Information

Denver
303-830-0800
303-830-0809
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Education

  • University of Denver, Sturm College of Law, J.D., 2009 (Law Review; Honor Board Chairman; two American Jurisprudence Awards for legal research and writing courses)
  • Boston College, B.A., 2003 (double major Economics and Communications)

Admissions

  • Tenth Circuit Court of Appeals
  • Tenth Circuit Bankruptcy Appellate Panel
  • U.S. District Court, Colorado
  • U.S. District Court, Wyoming
  • Colorado
  • Wyoming