Corporate and Business Law


Decisions & Opinions

Wadsworth Garber Warner Conrardy attorneys have been involved in numerous cases that resulted in published decisions and written opinions. Representative examples include the following:

Appellate and Published Decisions

  • Sender v. Cygan (In re Rivera), 2012WL1994873 (Colo. 2012)

    (Answering certified question in the affirmative and holding that recorded deed of trust that completely omits legal description is defectively recorded and therefore may be avoidable by a trustee pursuant to his 11 U.S.C. § 544 strong-arm powers).

  • In re Brundage-Bone Concrete Pumping, Inc., 471 B.R. 257 (Bankr. D. Colo. 2012)

    (Denying motion for administrative expense claim filed by consortium of secured lenders on “substantial contribution” theory because creditors were acting in furtherance of their own self-interest).

  • Peters v. Bryan et al. (In re Bryan), 469 B.R. 341 (Bankr.D.Colo. 2012)

    (Determining purported judgment lien creditor had no interest in sale proceeds recovered by estate from property recovered and sold in connection with fraudulent transfer proceeding where creditor never filed action to uncover fraudulent transfer).

  • Peters v. Bryan et al. (In re Bryan), 415 B.R. 454 (Bankr.D.Colo. 2009) Aff’d in part, rev’d in part 2010WL3894035 (D.Colo. Sept. 29, 2010), aff’d 2012WL3608549 (10th Cir. Aug. 23, 2012)

    (Invalidating “sham trust” and ruling that property transferred by debtor to purported trust was property of the bankruptcy estate).

  • In re H.T. Pueblo Properties, LLC, 462 B.R. 812 (Bankr.D.Colo. 2011)

    (Holding that hotel room rents may only constitute cash collateral if lender has validly perfected security agreement which links the collateral described to the operation of the hotel, not the disposition of its property).

  • Rodriguez v. Drive Financial Services, L.P., 609 F.3d 1106 (10th Cir. 2010)

    (Affirming district court’s reversal of bankruptcy court’s determination that trustee could not recover “value” of avoided lien transfer).

  • Peters v. Vectra Bank, et al. (In re Bryan), 429 B.R. 1 (Bankr.D.Colo. 2010)

    (Denying preference defendant’s motion to vacate default judgment filed nearly two years after entry of judgment despite subsequent dismissal of claims against other defendants).

  • Rodriguez v. Whatcott (In re Bremer), 389 B.R. 746 (Bankr.D.Colo. 2008)

    (Avoiding transfer of judgment lien recorded within 90 days of the bankruptcy filing).

  • Hill v. WFS Financial, Inc. (In re O’Neill), 370 B.R. 332 (10th Cir. BAP 2007)

    (Avoiding purchase money lien on motor vehicle perfected after petition date but within 30 days of purchase). (Colorado state legislature later amended statute to abrogate this ruling).

  • Sender v. Mann, 423 F.Supp.2d 1155 (D.Colo. 2006)

    (Holding trustee not barred by doctrine of in pari delicto from bringing claims on behalf of debtor corporation against its pre-petition attorneys).

  • In re, LLC, 345 B.R. 277 (Bankr.D.Colo. 2006)

    (Obtaining order to dismiss chapter 11 cases over creditor’s objection because dismissal was in best interest of creditors).

  • Sender v. The Bronze Group, Ltd. (In re Hedged-Investments Associates, Inc.), 380 F.3d 1292 (10th Cir. 2004)

    (Denying creditor’s request to recharacterize or equitably subordinate loan made to thinly capitalized corporate debtor that was being operated by its principal as part of Ponzi scheme).

  • Weinman v. Miscio & Stroud, Inc., 304 B.R. 447 (Bankr.D.Colo. 2004)

    (Holding default judgment against initial transferee of avoidable transfer did not bar trustee’s claims for recovery against subsequent transferees).

  • The Bronze Group, Ltd. v. Sender (In re Hedged-Investments Associates, Inc.), 293 B.R. 523 (D.Colo. 2003)

    (Affirming bankruptcy court ruling disallowing undersecured creditor’s claim for post-petition attorney fees and costs, notwithstanding that its pre-petition contract with debtor expressly provided for recovery of such fees and costs).

  • In re U.S.A. Capital, LLC, 251 B.R. 883 (Bankr.D.Colo. 2000)

    (Affirming propriety of trustee election and authorizing interim trustee to remain and serve as permanent trustee).

  • Sender v. Porter et al. (In re Porter McLeod, Inc.), 231 B.R. 786 (D. Colo. 1999)

    (Holding trustee not barred by doctrine of in pari delicto from bringing strong arm claims under 11 U.S.C. § 544(a) against debtor’s pre-petition attorneys).

  • Hill v. Walden (In re Walden), 207 B.R. 1 (D.Colo. 1997)

    (Determining that state statute of limitations did not begin to run on trustee’s avoidance claims until creditor in whose shoes trustee stood became judgment creditor).

  • Sender v. Simon (In re Hedged-Investments Associates, Inc.), 84 F.3d 1299 (10th Cir. 1996)

    (Holding that trustee has standing under 11 U.S.C. § 541 to pursue Colorado Uniform Limited Partnership Act claims against limited partners of Ponzi scheme debtor).

  • Sender v. Buchanan (In re Hedged-Investments Associates, Inc.), 84 F.3d 1286 (10th Cir. 1996)

    (Avoiding transfers to investor in Ponzi scheme under both preferential transfer and fraudulent transfer theories).

  • In re Aspen Limousine Services, Inc., 198 B.R. 341 (D.Colo. 1996)

    (Obtaining contempt order against creditor for prematurely soliciting support for creditor’s alternative plan).

  • Sender v. Heggland Family Trust (In re Hedged-Investments Associates, Inc.), 48 F.3d 470 (10th Cir. 1995)

    (Holding (a) funds commingled by Ponzi scheme debtor are property of the estate and not property held in trust by estate and (b) Ponzi scheme transfers to investors are not, by definition, subject to the “ordinary course” defense).

  • Clark v. Balcor Real Estate Finance, Inc. (In re Meridith Hoffman Partners), 12 F.3d 1549 (10th Cir. 1993)

    (Avoiding as preferential transfers payments made outside 90 days but within 1 year of petition date that were made for benefit of insider guarantors).

  • In re Professional Accountants Referral Services, Inc., 142 B.R. 424 (Bankr.D.Colo. 1992)

    (Obtaining order for appointment of Chapter 11 trustee over debtor’s objection).

Written Opinions

  • In re Nordin, 2012WL1614742 (Bankr.D.Colo. May 9, 2012)

    (Granting trustee’s motion to reconsider conversion from chapter 7 to chapter 13 based upon debtor’s bad faith conduct).

  • In re May, 2012WL3420923 (Bankr.D.Colo. 2012)

    (Sustaining trustee’s objection to exemption claimed by debtors in annuity).

  • Wadsworth v. Baker et al. (In re DeLaFuente), 2012WL1535848 (Bankr.D.Colo. April 30, 2012)

    (Denying motion to abstain sought under Stern v. Marshall).

  • Martino v. Rodriguez (In re Martino), 2012WL1439091 (Bankr.D.Colo. April 26, 2012)

    (Dismissing complaint filed by debtor against trustee seeking peremptory determination of scope of estate assets and existence of avoidable transfer claims).

  • In re Kloberdanz, 2011WL5854692 (Bankr.D.Colo. Nov. 21, 2011)

    (Granting trustee’s motion to reconsider conversion from chapter 7 to chapter 13 based upon debtor’s bad faith conduct).

  • In re Hernandez, 2011 WL 5239238 (Bankr.D.Colo. Oct. 31, 2011)

    (Awarding sanctions against bankruptcy petition preparer for violating 11 U.S.C. § 110).

  • Saturn Systems, Inc. v. Militare (In re Militare), 2011WL4625024 (Bankr.D.Colo. Sept. 30, 2011)

    (Giving collateral estoppel effect to state court judgment and granting summary judgment on dischargeability claims).

  • In re Colorado Sun Oil Processing LLC, 2011WL3585565 (Bankr.D.Colo. Aug. 12, 2011)

    (Authorizing sale of substantially all of debtor’s assets over creditor’s objection).

  • Sender v. Caravana et al. (In re Sessions), 2009WL5943244 (Bankr.D.Colo. Nov. 2, 2009)

    (Authorizing trustee’s sale of property over objections of four co-owners under 11 U.S.C. § 363(h)).

  • Lewis v. McGuane & Hogan, LLP (In re Sonnenschein), 2009WL2449032 (D.Colo. Aug. 10, 2009)

    (Affirming bankruptcy court determination that it lacked jurisdiction over dispute between trustee and lien creditor concerning asset with no net value for estate).

  • Dashow v. Smiley (In re Mile High Capital Group, Ltd.), 2007WL2088283 (D.Colo. 2007)

    (Affirming bankruptcy court’s approval of settlement between trustee and creditor over other creditor’s objection).