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Denver
T: 303-830-0800
F: 303-830-0809
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University of Colorado
Law School; J.D. 1981
Harvard University; B.A
1978
Tenth Circuit Court of
Appeals U.S. Tax
Court, Colorado
U.S. District Court, Colorado
Colorado |
General Overview
Jeffrey O. McAnallen is of counsel with
Markus Williams Young & Zimmermann LLC and has
specialized in creditors' rights, receivership law,
business bankruptcies, loan workouts and restructurings,
commercial litigation, and the representation of
creditors and financial institutions in federal, state,
and bankruptcy courts since 1981.
Areas of Concentration
Agricultural
Credit/Lending
Bankruptcy and Restructuring
Creditors’ Rights
Foreclosure
Lender Liability
Representative
Transactions/Representative Cases
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Premier Farm Credit, PCA v.
W-Cattle, LLC,155 P.3d 504, Colo. App., October
05, 2006 (NO. 06CA0444) - represented lender in
state court foreclosure receivership, lender
liability defense, and conversion claim against
debtor resulting in federal criminal conviction
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Jarnagin v. Busby, Inc.,867
P.2d 63, Colo. App., July 15, 1993 (NO. 92CA0487,
92CA0486, 91CA2050) - represented lender in state
court action and Chapter 11 bankruptcy involving
integrated wheat and cattle operation and lender
liability defense
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Federal Land Bank of Wichita v.
B.A.V., Inc., 809 P.2d 1110, Colo. App., March
14, 1991 (NO. 90CA0173) - represented lender in
rents and profits issues related to a bean farm
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La Junta Production Credit Ass'n
v. Schroder, 800 P.2d 1360, 14 UCC Rep.Serv.2d
571, Colo.App., October 11, 1990 - represented
lender in agistor’s lien case involving cattle
operation
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Federal Land Bank of Wichita v.
Colorado Nat. Bank of Denver, 786 P.2d 514,
Colo. App., December 28, 1989 (NO. 89CA0038) -
represented lender in merger issue on agricultural
property
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Federal Land Bank of Wichita v.
Jost, 761 P.2d 270, Colo. App., August 04, 1988
(NO. 86CA0510) - represented lender in state court
foreclosures involving interpretation of Farm Credit
Administration regulations
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Federal Land Bank of Wichita v.
Needham, 759 P.2d 799, Colo. App., March 24,
1988 (NO. 87CA0523) - represented lender in state
court foreclosures insolvency interpretation of Farm
Credit Administration regulations
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Atlantic Richfield Co. v. Farm
Credit Bank of Wichita, 226 F.3d 1138, 147 Oil &
Gas Rep. 226, 31 Envtl. L. Rep. 20,093, 2000 CJ
C.A.R. 5250, C.A.10 (Colo.), September 13, 2000 (NO.
99-1183, 99-1147, 99-1148, 99-1154) - Federal
District Court case involving accounting under
mineral leases on agricultural property
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9th District Revolving Loan Fund
v. Raymond, 9 87 F.2d 675, Bankr. L. Rep. P
75,179, C.A.10 (Colo.), March 03, 1993 (NO. 92-1181)
- represented lender in circuit court opinion
regarding an oyster feedlot chapter 11
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Valley Nat. Bank v. Abdnor,
918 F.2d 128, C.A.10 (Colo.), November 06, 1990 (NO.
89-1078) - represented lender in state court SBA
loan guarantees on agricultural property)
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In re Palombo, 144 B.R. 516,
23 Bankr.Ct.Dec. 613, Bkrtcy.D.Colo., August 31,
1992 (NO. 91-12527-SBB) - represented lender in
chapter 12 involving large vegetable producer
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In re Anderson, 137 B.R. 819,
22 Bankr.Ct.Dec. 1020, 17 UCC Rep.Serv.2d 903,
Bkrtcy.D.Colo., February 24, 1992 (NO. 91-23593 RJB,
91-23592 RJB) - represented lender in large
integrated feedlot and irrigated farm regarding
rents, issues and profits
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In re Olsen, 87 B.R. 148,
Bkrtcy.D.Colo., May 24, 1988 (NO. 87-B-14354-M) -
represented lender in cash collateral issues
involving farm and ranch operation
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In re Flying E Ranch Co., 81
B.R. 633, Bkrtcy.D.Colo., January 11, 1988 (NO. 86 B
8904 E) - represented lender in chapter 11 cattle
ranch
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In re Newman, Not Reported in
B.R., 1987 WL 45032, Bkrtcy.D.Colo., September 03,
1987 (NO. 87 B 3567 E) - represented lender in
chapter 12 landmark decision in Colorado regarding
adequate protection requirements for chapter 12 plus
confirmation
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In re Beyer, 72 B.R. 525, 16
Collier Bankr.Cas.2d 830, 15 Bankr.Ct.Dec. 1055,
Bkrtcy.D.Colo., April 21, 1987 (NO. 86 B 11414 C) -
represented lender in chapter 12 where grain farm
operator allowed to be debtor in possession from
Colorado State Penitentiary
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In re Watkins, 63 B.R. 46,
Bkrtcy.D.Colo., June 09, 1986 (NO. 86 B 2585 G) -
represented lender in bankruptcy involving receiver
turnover of agricultural assets
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In re Zahniser, 58 B.R. 530,
14 Bankr.Ct.Dec. 171, Bkrtcy.D.Colo., March 17, 1986
(NO. 85 B 06947 G) - represented lender in chapter
11 case involving large wheat operation
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In re Brunel, 54 B.R. 462,
Bankr. L. Rep. P 70,826, Bkrtcy.D.Colo., October 28,
1985 (NO. 85 B 00195 M) - represented lender in
chapter 11 relief from stay on farming operation
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In re Adelphia Business Solutions,
Inc., Case No. 02-11389, United States
Bankruptcy Court, Southern district of New York -
represented large telecommunications creditor with
respect to lease assumption issues, unsecured claim
and contract dispute
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In re Genuity, Inc., Case No.
02-43558, United States Bankruptcy Court, Southern
District of New York - represented large
telecommunications creditor with respect to lease
assumption issues, administrative and unsecured
claims
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In re Geneva Steel, LLC, Case
No. 02-21455, In the United States Bankruptcy Court
for the District of Utah - represented chapter 11
trustee in sale and liquidation of estate assets,
the prosecution of breach of fiduciary duty, breach
of contract, fraudulent transfer and equitable
subordination claims
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In re VCSP, Inc., Case No.
09-12390, In the United States Bankruptcy Court for
the District of Nevada - represented secured
creditor in successful defense of debtor’s motion to
designate creditor’s vote for plan of reorganization
as well as defense of several adversary proceedings
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In re Johnson Dairy, LLC, Case
No. 090-10210, In the United States Bankruptcy Court
for the District of Colorado - represented principle
secured creditor in large dairy bankruptcy and in
defense of lender liability claims against creditor
in related adversary proceeding)
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Fortress Credit Opportunities I LP
v. Pioneer Pork, LLC, Case No. 2006CV30,
District of Baca County, Colorado - represented
secured lender in receivership and liquidation of
large natural hog operation
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Steel Street Bank & Trust v.
Monterra Homes (Cattails) LLC, et al., Case No.
2008CV1454, District Court of Jefferson County,
Colorado - represented receiver in build out and
sale of residential development
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Nissan Motor Acceptance
Corporation v. Sweetwater Ford, Inc., et al.,
Case No. 08CV068, United States District Court,
District of Wyoming - represented receiver in
operation and sale of car dealership
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Farm Credit Bank v. Beyer –
represented lender in one of the first chapter 12
bankruptcies filed in the country. Issue involved
valuation of agricultural property in chapter 12
bankruptcies
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Farm Credit Bank v. Newman -
represented lender in case involving two chapter 12
bankruptcies and a chapter 11 bankruptcy filed in
Colorado and Nebraska
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Farm Credit Bank v. Layne Farms
- represented lender in chapter 11 bankruptcy
case involving a significant farming operation in CO
and the issue of crops as rents, issues and profits
under deeds of trust
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Farm Credit Bank v. Winger Cattle
Co. - represented lender in state court
foreclosure and lender liability defense in a very
large cattle and livestock operation in Colorado and
Kansas
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CoBank v. Colorado Green House
- represented lender in state foreclosure action,
receivership and chapter 11 bankruptcy
reorganization involving a large hydroponic tomato
facilty with operations in Colorado and New Mexico
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Farm Credit Bank Frank, C.J. -
represented lender in state foreclosure, chapter 11
bankruptcy, and serial filing chapter 11 bankruptcy
involving large diversified farming and ranching
operation
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Farm Credit Bank v. French -
represented lender in chapter 11 bankruptcy
proceeding involving Colorado mountain ranch
property and airport
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Fidelity State Bank of Garden City
(Kansas) v. Janitell Farms - represented lender
in state court action involving large diversified
farm and cattle operation and water rights relating
thereto
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Production Credit Association v.
Cole and Hotz - represented lender in multiple
state court foreclosure and litigation actions and
chapter 11 bankruptcy involving large cattle
ranching operation
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Production Credit Association v.
Stratman - represented lender in state court
foreclosure and replevin action involving conversion
of cattle and proceeds resulting in criminal charges
against borrower
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Farm Credit Bank v. Palen Farms
- represented lender in Colorado state court action
and chapter 11 bankruptcy involving a very large
wheat farm
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KeyBank v. Johnson Ranch -
represented lender in foreclosure and restructuring
of loans involving large cattle ranch in Utah and
Idaho
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Valley National Bank v. Miller
Cattle Co. - represented lender in state court
collection and replevin action and lender liability
defense involving limousine cattle breeding
operation
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Key Ag Credit v. Hartland, Inc.
- represented lender in multiple chapter 11
bankruptcy cases involving fully integrated cattle
feeding, packing and trucking business in Kansas,
Nebraska and Colorado
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In re Sand Hills Beef -
represented lender in chapter 11 feedlot operation
related to Hartland
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Farm Credit Bank v. Graham -
represented lender in significant state court
foreclosure and collection action, replevin, lender
liability defense, and chapter 11 bankruptcy
proceeding involving large integrated farm and ranch
operation
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Key Ag Credit v. Leech -
represented lender in state court foreclosure and
collection action, replevin, chapter 11 bankruptcy
proceeding
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KeyBank v. Obergefell -
represented lender in multiple bankruptcy chapter
filings involving large farming operation. First
"Chapter 123" comprised of serial filings of six
chapter 11 bankruptcies, two chapter 12
bankruptcies, two chapter 13 bankruptcies and one
chapter 7 bankruptcy by same debtor
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CoBank v. Wiggins Coop –
represented lender in state court foreclosure and
chapter 11 bankruptcy involving a large grain
elevator coop in Colorado
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Farm Credit Bank v. Parsons -
represented lender in significant state court action
and chapter 11 bankruptcy involving large cattle
ranch in south central Colorado
-
Farm Credit Bank v. Brachbtenbach
- represented lender in chapter 11 bankruptcy and
adversary proceedings on priority of liens with
respect to irrigation equipment
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Farm Credit Bank v. Dionesio -
represented lender in chapter 12 bankruptcy
involving large vegetable farm
-
Farm Credit Bank v. Coleman -
represented lender in litigation and workout of
large cattle and beef operation
-
KeyBank v. Husker Dairy -
represented lender in state court action, replevin
and receivership involving a large dairy operation
in Nebraska and Colorado
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Farm Credit Bank v. Drawdel Land
and Cattle Company - represented lender in
litigation and workout involving cattle operation on
one of Colorado's largest ranches
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Farm Credit Bank v. Redd Ranches
- represented lender in litigation and workout
involving cattle operation on large ranch in Utah
and Colorado
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Farm Credit Bank v. Goemmer -
represented lender in litigation, foreclosure and
chapter 11 bankruptcy and workout involving cattle
operation on large ranch in south central Colorado
-
Fortress Financial v. Pioneer Park
- represented lender in state court litigation
and receivership involving the sale of the largest
outdoor natural hog operation in the country
-
Farm Credit Bank v. Kalista Farms
- represented lender in state court litigation in
Colorado involving Farm in south central Colorado
and water rights
-
Farm Credit Bank v. Flanders -
represented lender in state court litigation in
Colorado involving defense of lender liability case
involving farming operation and sale of same
-
Farm Credit Bank v. Schroeder
(Daryl) - represented lender in state court
litigation in Baca County, Colorado involving
farming and cattle operations and foreclosure of the
co-founder of the militant American Agricultural
Movement
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Farm Credit Bank v. Schroeder
(Eugene) - represented lender in state court
litigation and appeal of agistor's lien issue
relating to cattle operation
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CoBank v. United Producers, Inc.
- represented lender in workout followed by chapter
11 bankruptcy filed in Ohio involving large feedlot
and beef processing business with feedlots located
in ten states
Publications
and Presentations
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Garnishments, Levies and Bank
Subpoenas, Independent Bankers of Colorado, 2007
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Perfection of Security Interests
Under Article 9 of the UCC, Farm Credit Banks of
Wichita, Advanced Legal Seminars, 1998 and 1999
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A Secured Creditor's Manual for
Agricultural and Commercial Lenders in Colorado,
Farm Credit Services Annual Legal Seminar, Sterling,
Colorado, 1997
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The Agricultural Credit Act of
1987, Farm Credit Banks of Wichita, Wichita,
Kansas and Denver, Colorado, 1988
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Foreclosures and Loan Workouts
under House Bill 1284, Farm Credit Banks of
Wichita, 1988
Professional and
Community Involvement
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Agricultural Subdivision, Independent
Bankers of Colorado
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American Bankruptcy Institute
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Turnaround Management Association
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Board of directors, Denver Mile High
Rotary Club
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Rocky Mountain Harvard Club
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Alumni representative, Phillips
Academy, Andover
Awards and Recognition
Admissions
Related Employment
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Rider, Edwards, McAnallen & Taylor,
PC (Shareholder)
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Qwest Communications Legal Department
(Senior Attorney)
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Otero Savings (Assistant General
Counsel)
Education
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University of Colorado Law School,
J.D., 1981
-
Harvard University, B.A, 1978
(General Studies, Social Anthropology, and
Economics)
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