Aaron J. Conrardy
Aaron has an extensive insolvency and restructuring practice that includes representing debtors, distressed businesses, secured and unsecured creditors, creditors committees and trustees. Aaron has represented numerous different constituents in Chapter 11 cases, ranging from $25 million asset sales to broad reorganizations involving complex operations, as well as single asset real estate cases and small businesses.
Aaron also has extensive litigation experience. He represents parties in fraudulent conveyance, preference, and discharge objection cases as well as numerous other matters that arise in the bankruptcy context. Aaron has successfully tried many cases before bankruptcy courts and state courts. In addition to being an effective trial advocate, Aaron’s practice includes appeals. He has argued cases in front of the Bankruptcy Appellate Panel of the Tenth Circuit and the Tenth Circuit Court of Appeals.
In addition to Aaron’s robust bankruptcy practice, he represents parties in complex state court fraudulent conveyance litigation, judicial foreclosures, Public Trustee foreclosures, replevins and contentious judgment enforcement actions.
- Aaron represented a chapter 11 debtor in a complex mining case that involved numerous constituents and over $75 million in debt. During the case, debtor sold the mining assets for over $25 million resulting in payment to secured creditors and a substantial carve out to unsecured creditors.
- Aaron successfully obtained approval of an $8 million roll-up facility in one of the very few pre-packaged chapter 11 cases filed in Colorado in the last 25 years. After successfully negotiating plan approvals prior to filing the case, the firm obtained confirmation of the debtor’s plan just 28 days after the case was filed.
- Aaron successfully obtained approval of a $5 million debtor-in-possession facility in a CBD chapter 11 case.
- Representing a creditor, Aaron vigorously contested the chapter 11 plan of an oil and gas debtor. Aaron’s approach paid off and he successfully negotiated one of the few “100% payment” plans while saving his client the expense of a contested plan confirmation hearing.
- Aaron successfully litigated a hotly contested sale of a $4.5 million Telluride property. As a result of Aaron’s efforts, unsecured creditors received a dividend in a case where other counsel likely would have walked away.
- Aaron was counsel for a chapter 7 trustee appointed to unwind a real property Ponzi scheme in central Colorado involving disputed liens and disputed ownership of more than 40 residential properties. When the bankruptcy case was filed, there had been no formal adjudication of a Ponzi scheme, mortgages were not being paid, improvements to the properties had fallen into disrepair, and title to the properties were hopelessly unmarketable. The firm devised and implemented a strategy for the expedited sale of the properties that preserved value and permanently eliminated all title issues. The most remarkable aspect of the strategy’s implementation was the ability of the firm to resolve all disputed lien and ownership issues by consent, without ever having to take the Ponzi issue to trial.
- Aaron was counsel for a chapter 7 trustee appointed to administer the bankruptcy estate of a failed for-profit college. The college operated multiple campuses in multiple states. The firm successfully coordinated the difficult task of swiftly liquidating the debtor’s assets at the various campus locations, investigating the debtor’s pre-petition acts, and overseeing the substantial preference and other litigation claims arising in the case.
- Representing a committee of unsecured creditors, Aaron successfully negotiated a plan of reorganization to pay creditors 100% of their claims plus interest.
- Aaron obtained a judgment discharging approximately $150,000 in student loan debt.
- Aaron has recovered millions of dollars in numerous preference avoidance actions and has prosecuted contentious and cutting-edge fraudulent conveyance actions resulting in recoveries for bankruptcy estates that would otherwise have been insolvent.
David J. Warner
Since 2007, David Warner has specialized in bankruptcy law and commercial litigation in Colorado.
David graduated from Brigham Young University in 2003 and obtained his Juris Doctorate Degree from Baylor University School of Law in 2006. Drawing on the skills he learned in Baylor’s nationally recognized practice court program, David soon found himself in the courtroom, representing both individual and corporate clients. David has handled a wide variety of cases for his clients, including representing debtors and creditors in chapter 11 bankruptcy proceedings, chapter 7 bankruptcy proceedings, non-dischargeability litigation in bankruptcy court, and civil litigation in state and federal courts.
His significant experience representing individuals from all walks of life and companies from many different industries in both bankruptcy and state courts allows him to successfully lead his clients through complex legal problems. Just a few examples:
- David has assisted several family-owned businesses and larger companies in a wide variety of industries to reorganize under chapter 11 of the Bankruptcy Code. In one case, significant tax debt was repaid over time. In another, the reorganized company satisfied the claims of its unsecured creditors through relatively small monthly payments over five years. In yet another, the secured claims against real estate were reduced significantly.
- Many individuals have hired David to represent them in connection with their chapter 7 bankruptcies. In complex cases where the trustee or creditors have pursued claims against the debtors in the bankruptcy court, David represented his clients in the subsequent litigation.
- David has helped companies utilize the bankruptcy process to combat frivolous class action suits. For example, David was a part of a team that helped a Colorado company fight against predatory class-action lawyers who initiated litigation in another state. Through a confirmed chapter 11 plan of reorganization, the company was able to avoid paying anything to those who initiated the class-action lawsuit, and none of the so-called class members even asserted claims against the company.
- In several bankruptcy cases that were filed in bad faith to stymie the collection efforts of legitimate creditors, David has obtained favorable outcomes for his clients. Such successes include the dismissal of the bankruptcy case, liquidation of the assets of the debtor for the benefit of creditors, determinations that the particular debts were not dischargeable, revocation of the debtor’s discharge, and voluntary dismissals with settlement payments to David’s clients. David has also helped his debtor clients to effectively defend against similar claims.
- In several large Chapter 11 bankruptcy cases, David was hired to assist the liquidating agent or trustee to collect accounts receivable due and owing to the bankrupt debtor. Bankruptcy trustees have relied on David to assist them with bankruptcy litigation and state court litigation. David’s efforts have resulted in the recovery of significant amounts for the benefit of creditors.
- Showing the breadth of David’s experience, he successfully represented an airline union in a dispute with former members resulting in one the largest jury verdicts in the state of Colorado in 2017.
David is admitted to practice law in Colorado, Texas (inactive), and the United States District Court for the District of Colorado. David was selected by Super Lawyers as a top-rated bankruptcy attorney in the Denver area in 2020 and 2021. He has had a Martindale-Hubbell AV Preeminent Rating since 2020. He is a member of the American, Colorado, and Denver Bar Associations and the American Bankruptcy Institute. David has lectured on bankruptcy and insolvency topics both locally and nationally.
Aaron A. Garber
Aaron A. Garber is licensed to practice law in the states of Colorado, Delaware, Pennsylvania and New Jersey. He has appeared in courts throughout the country representing clients in restructuring and litigation matters. In Colorado he has appeared before a variety of state courts, the United States Bankruptcy Court, the United States District Court, and the 10th Circuit Court of Appeals. Mr. Garber has been practicing bankruptcy law for over 20 years including more than 16 years in Colorado. Prior to moving to Colorado, he practiced in Wilmington, Delaware.
Mr. Garber’s practice focuses on all aspects of bankruptcy and financial restructuring. He has substantial experience in representing debtors and creditors in business, complex individual and commercial bankruptcy matters, including filings under Chapters 7, 11, and 13. Mr. Garber has successfully reorganized through the Chapter 11 process a myriad of businesses, individuals and entrepreneurial endeavors throughout Colorado and Wyoming.
Mr. Garber also has substantial litigation experience in bankruptcy courts representing debtors, creditors, and trustees handling matters that include avoidance actions, automatic stay and discharge litigation. Mr. Garber has confirmed numerous Chapter 11 Plans of Reorganization allowing clients to reorganize and he has successfully guided clients through the Chapter 7 and Chapter 13 process. Mr. Garber has also successfully prosecuted and defended motions for relief from stay, avoidance actions (preference and fraudulent conveyance), and litigation pertaining to secured creditors. Mr. Garber has handled complex tax issues in bankruptcy cases, including defending challenges to the discharge of tax debt. Mr. Garber has also overseen the sale of assets during the bankruptcy process, from vehicles to multimillion dollar apartment complexes and other real estate projects, and the sale of operating business entities.
Mr. Garber has represented secured and unsecured creditors by representing their interests in all aspects of the bankruptcy process, including obtaining relief from stay, objecting to the Debtor’s discharge, analyzing Plans and Disclosure Statements, and negotiating improved Plan terms. He has prosecuted and defended claims brought by and against creditors, including stay violation issues, claim objections, preference and avoidance action defense. Mr. Garber has assisted parties interested in purchasing assets in the bankruptcy process.
Mr. Garber represents trustees in all aspects of the bankruptcy process, including collecting assets, commencing avoidance actions, handling claim objections, objecting to claims, liquidating assets, and bringing claims against insiders.
Mr. Garber respects the confidentiality of his clients and therefore does not disclose client names. He has represented a variety of clients, including individuals of all income levels, companies varying in size from small companies to some of the larger Colorado companies, including construction companies, real estate companies, apartment complexes, hardware stores, office supply companies, restaurants, dentist offices, land development, companies in the medical industry, companies in the entertainment industry, and farming operations. Mr. Garber’s diverse experience and client base provides him with the insight to fully analyze and understand the bankruptcy issues presented and address each client’s needs. Mr. Garber is not afraid to and can feel confident in taking aggressive positions and developing creative solutions for clients.
Not every client’s issue results in the need or desire to seek bankruptcy protection. For clients who bankruptcy is not the right option, Mr. Garber has assisted clients in negotiating out of court workouts, helping to avoid or resolve litigation, resolve creditor claims, and allowing clients to move forward with their lives.
Mr. Garber has also handled a variety of litigation matters in the state and federal courts. The representations have been diverse, including commencing and defending collections actions, challenging the extent and validity of secured claims, contesting the actions of receivers, and prosecuting breach of contract claims.
Mr. Garber is Vice President of the Colorado chapter of the Federal Bar Association.
He is also on the Colorado Supreme Court working group for addressing pro bono and legal assistance needs.
Mr. Garber lectures on bankruptcy related issues.
Dave concentrates in the area of bankruptcy law, with a focus on commercial matters. He joined the firm in 2003 when it was known as Sender & Wasserman. Dave became an equity partner in 2008 and a named partner in 2012. Dave has been a chapter 7 panel trustee since 2009 and in that capacity has administered thousands of chapter 7 bankruptcy cases, monitoring abuse and liquidating assets for creditors. Dave has also been selected to act as a plan trustee and a chapter 11 trustee in multiple cases.
Dave has a wealth of experience in nearly every facet of bankruptcy law, from complex commercial chapter 11 reorganizations to more straightforward consumer chapter 7 issues. Dave has prosecuted and defended hundreds of adversary proceedings and taken many of those matters to trial. Dave has also developed a substantial appellate practice and has argued numerous cases before the Tenth Circuit Court of Appeals.
Dave represents corporate chapter 11 debtors in possession in matters ranging from simple liquidations to complex reorganizations. Dave has also represented municipalities in chapter 9 cases. He has provided counsel in all facets of reorganizations, from pre-filing preparation through plan confirmation and including pre-packaged filings.
Dave represents chapter 7 trustees in cases that run the gamut from single-asset recoveries to complex, multi-million dollar liquidations. He has represented trustees in preference and fraudulent transfer avoidance and recovery actions, asset sales, objections to claims and exemptions, discharge and dischargeability litigation, relief from stay matters, property turnover disputes and enforcement actions against bankruptcy petition preparers. Dave also represents creditors and debtors in both prosecuting and defending similar types of contests. In chapter 7 and chapter 11 cases, he represents unsecured, secured and priority creditors, as well as consumer and non-consumer chapter 7 debtors.
The scope of Dave’s practice is illustrated by the following representative cases:
- In September 2021, Dave successfully obtained a reversal in the Tenth Circuit Court of Appeals of bankruptcy court and BAP orders that erroneously applied Colorado real property law regarding “wild deeds.” The reversal was especially important because the lower court rulings upset more than 100 years of established Colorado law and may have wreaked havoc on the ability to insure title in the state if not corrected.
- Dave was recently lead counsel for the debtor in one of the very few pre-packaged chapter 11 cases filed in Colorado in the last 25 years. Dave and his team successfully negotiated plan approvals prior to filing the case and obtained confirmation of the Debtor’s plan just 28 days after the case was filed.
- Dave represented a metropolitan district in obtaining confirmation of a plan for the adjustment of debts in a chapter 9 municipal bankruptcy case. This was one of only two chapter 9 cases filed in Colorado since 2000 (Dave was also debtor’s counsel in the other case) and the only one in which a plan was confirmed.
- Dave was lead counsel for a Colorado business debtor in a chapter 11 case filed in response to a spurious class action complaint that had been brought in federal court in another state. In the class action case, the plaintiff asserted tens of millions of dollars in statutory punitive damages, a figure that would have put Dave’s client out of business several times over. In the chapter 11 case, Dave and his team successfully fought off the class plaintiff’s efforts to continue prosecuting the class action by arguing that the disputed class claims would be better resolved in the bankruptcy case. The debtor then provided notice of the bankruptcy to thousands of potential claimants and not a single claim was filed. With the help of Dave and his team, the company saved its business at a fraction of the cost it would have incurred in defending the class action and paid no money to the class plaintiffs or their attorneys.
- Dave was co-counsel for a real estate developer in a chapter 11 reorganization case. Following a hotly contested, six-day confirmation hearing and over the vigorous objections of various bondholders, the bankruptcy court confirmed the debtor’s plan. The plan enabled the developer to shed more than $30 million in pre-petition bank debt, prevented numerous tax lien sales from going forward, extended property tax payment deadlines, and substantially reduced bond obligations. The plan was successfully consummated and the developer remains in control of the project.
- Dave represented a creditor in successfully challenging a chapter 11 debtor’s plan confirmation efforts. With Dave’s assistance, his client filed and obtained confirmation of a competing plan that enabled the creditor to purchase the debtor’s assets and provide a substantial return to other creditors.
- Dave was lead counsel for the corporate debtor in a chapter 11 case in which the debtor and certain of its owners were able to fend off challenges to whether the company had the authority to file its case. With Dave’s assistance, the company was able to confirm a plan that preserved the value of its intellectual property interests, resolved competing claims to the assets from a dissenting owner, paid all debt claims in full, and resulted in a substantial return to the debtor’s owners.
- Dave represented a chapter 11 debtor in successfully unwinding a real property auction the debtor contended was fraudulent. With Dave’s assistance, the debtor settled all claims with the auction buyer in exchange for returning the buyer its earnest money and found a new buyer for the property at a fair market value that exceeded the high auction bid by almost 25%. As a result of these efforts, all debts were paid in full and the debtor’s owners received a dividend of approximately $1 million. This success was achieved prior to proposing a plan and enabled the debtor to dismiss the case without have to incur the costs, expense and delay of the plan confirmation process.
- Dave was lead counsel for a chapter 7 trustee appointed to unwind a real property Ponzi scheme in central Colorado involving disputed liens and disputed ownership of more than 40 residential properties. When the bankruptcy case was filed, there had been no formal adjudication of a Ponzi scheme, mortgages were not being paid, improvements to the properties had fallen into disrepair, and title to the properties were hopelessly unmarketable. Dave devised and implemented a strategy for the expedited sale of the properties that preserved value and permanently resolved all title issues. The most remarkable aspect of the strategy’s implementation was the ability of Dave and his team to resolve all disputed lien and ownership issues by consent, without ever having to take the Ponzi issue to trial.
- Dave was lead counsel for a chapter 7 trustee appointed to administer the bankruptcy estate of a failed for-profit college. The college operated multiple campuses in multiple states. Dave successfully coordinated the difficult task of swiftly liquidating the debtor’s assets at the various campus locations, investigating the debtor’s pre-petition acts, and overseeing the substantial preference and other litigation claims arising in the case.
- Dave obtained summary judgment for an individual client accused by a bankruptcy trustee of receiving a fraudulent transfer in excess of $1 million. By achieving the victory through summary judgment—which is quite rare in fraudulent transfer cases—the client not only was spared liability, but also saved the substantial fees that would have been incurred if the matter was litigated through trial.
- In a recent pro bono case, Dave successfully prosecuted a motion to dismiss a frivolous nondischargeability complaint brought against an elderly client and thereby obtained a swift resolution of the issue.
- Dave has been sole or lead counsel in three separate trust-busting cases in which he represented chapter 7 trustees in their efforts to avoid or disregard “sham trusts” used to improperly shield assets from creditors. One of these cases resulted in numerous published appellate decisions.
- Dave was lead counsel in a case in which a chapter 7 debtor obtained a judgment discharging approximately $200,000 in student loan debt.
- Dave successfully represented the beneficiary of a multi-million dollar rollover IRA in obtaining a determination, after trial, that the entire IRA was exempt and thereby protecting the asset from the reach of the debtor’s creditors.
- In his capacity as chapter 7 trustee, Dave represented himself in two successful appeals to the Tenth Circuit Court of Appeals in which the court adopted Dave’s arguments. In the first case, the court ruled that, for purposes of a trustee’s clawback claims against a charitable or religious organization, if a certain threshold is met, all contributions made to the organization will be recoverable, rather than just the contributions that exceed the threshold. See Wadsworth v. Word of Life Christian Center (In re McGough), 737 F.3d 1268 (10th Cit. 2013). In the second case, the court ruled that exempt retirement funds lose their exemption immediately upon withdrawal from a retirement account. See In re Gordon, 791 F.3d 1182 (10th Cir. 2015).