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Denver
T: 303-866-0102
F: 303-830-0809
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University of Michigan
Law School, J.D., 1988
University of
Wisconsin-Madison, B.S.E., 1985
(Chemical Engineering)
Tenth Circuit Court of
Appeals Seventh
Circuit Court of Appeals
U.S. District Court, Colorado
U.S. District Court, Northern District of
Illinois Colorado
Illinois |
General Overview
James 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. 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.
Areas of Concentration
Bankruptcy and
Restructuring
Creditors’ Rights
Foreclosure
Distressed
Investments
Fiduciary Litigation
Representative
Transactions/Representative Cases
-
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
-
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
-
Director and Officer Liability-
The Current State of the Law, 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
-
Status of Corporate Counsel
following the Appointment of a Chapter 11 Trustee,
American Bankruptcy Institute Annual Spring Meeting,
April 2005
-
Embedded Software and Other
Intellectual Property Issues in Bankruptcy,
Equipment Leasing Association Legal Forum, May 2004
-
Dirt and 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
-
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
-
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
-
Which Rules Govern?,
American Bankruptcy Institute Journal, November
1999
-
Cutting Through Current Issues in
Chapter 11 Plans, American Bankruptcy Institute
Rocky Mountain Conference, January 2012
Professional and
Community Involvement
-
President- Elect; former
Vice-President Education (2008-2011) Director;
Member, Management and Executive Committees,
American Bankruptcy Institute
-
Former Director, President, and
Chairman, American Board of Certification; Member of
Standards Committee (1996-2000)
-
Former Member, Illinois Secretary of
State Corporate Act Advisory Committee
-
Vice-President, Education; Director;
Member, Education and Executive Committees, American
Bankruptcy Institute
-
Founding Board Member; Former Chapter
President, Rocky Mountain Chapter, Turnaround
Management Association
Awards and Recognition
-
Fellow, American College of
Bankruptcy
-
Colorado Super Lawyer, Bankruptcy and
Creditor/Debtor Rights
-
Certified Business Bankruptcy
Specialist, American Board of Certification
-
AV Preeminent Peer Review Rated,
Martindale-Hubbell Legal Directory
-
The Best Lawyers in America®
- Bankruptcy and Creditor Debtor Rights / Insolvency
and Reorganization Law
-
Named a "Top Lawyer" by Corporate
Counsel Magazine, 2012
Admissions
-
Tenth Circuit Court of Appeals
-
Seventh Circuit Court of Appeals
-
U.S. District Court, Colorado
-
U.S. District Court, Northern
District of Illinois
-
Colorado
-
Illinois (inactive)
Related Employment
-
Rothgerber, Appel, Powers & Johnson
(Associate)
-
Holleb & Coff (Associate)
-
Keck, Mahin & Cate (Associate)
Education
-
University of Michigan Law School,
J.D., 1988
-
University of Wisconsin-Madison,
B.S.E., 1985
(Chemical Engineering)
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