By Dan Block June 2021 “Use It or Lose It” or Other Forfeiture Provisions in Employee Paid Vacation Policies Deemed Illegal Under Colorado Law. What about “Paid Time Off” Policies? In a decision issued this month by the Colorado Supreme Court, the Court decided that...
Joel Laufer graduated cum laude from Simpson College with a bachelors degree in economics and graduated with distinction from the University of Iowa School of Law. He served as a law clerk to the Bankruptcy Court for the District of Colorado. He also served as a summer law clerk to the Bankruptcy Court for the Northern District of Iowa. Mr. Laufer was admitted to the Colorado bar and for the past 40 years has practiced exclusively in the insolvency and bankruptcy area, representing business entities, lenders, debtors and creditors committees in Chapters 7, 9 and 11, including the prosecution and defense of avoidance and recovery actions, and advising businesses in out-of-court workouts.
Joel Laufer specializes in bankruptcy and insolvency matters. He has many years of experience representing debtors, secured creditors, unsecured creditors, creditor committees, and asset purchasers in the following:
- Chapter 7 liquidation cases,
- Chapter 9 municipal reorganization cases,
- Chapter 11 personal bankruptcy cases,
- Chapter 11 business reorganization cases,
- Non-bankruptcy distressed business and personal workouts,
- Asset purchases from Chapter 7 and Chapter 11 bankruptcy estates, and
Rated “AV” for over 25 years by the Denver legal community in Martindale – Hubbell Law Directory (highest rating for legal ability, ethical standards, professional reliability, and diligence). Based on peer reviews, 5280 Magazine has named Joel Laufer one of the top ten bankruptcy attorneys in Denver, Colorado for the years 2015-2020.
J.D. University of Iowa
American Warrior, Inc.: represented oil and gas company with respect to the acquisition of all assets of National Oil Company, a Chapter 11 debtor, pursuant to an exchange of common stock as provided in a Joint Plan of Reorganization filed by American Warrior, Inc. and Normandy Oil and Gas Company, Inc. The exchange value of the common stock was fixed at approximately $3,000,000.
Baker MO/Services: represented Baker MO/Services with respect to a mechanics lien claim in the amount of $7,000,000 in the jointly administered Chapter 11 cases filed by Storm Cat Energy Corporation, et al.
Crown Resources Corporation: represented precious metals exploration company in Chapter 11 resulting in successful confirmation of its Plan of Reorganization providing for the issuance of new securities in exchange for $15 million in existing subordinated debentures and in exchange for existing preferred and common stock.
CSI Enterprises, Inc.: represented one of Oren Benton affiliated uranium trading companies in Chapter 11, resulting in successful confirmation of Joint Plan of Reorganization.
Pearl Oil Field Services: represented Pearl Oil Field Services with respect to a mechanics lien claim in the amount of $5,000,000 in the jointly administered Chapter 11 cases filed by Storm Cat Energy Corporation, et al.
Pearl Oil Field Services: represented Pearl Oil Field Services with respect to a mechanics lien claim in the amount of $1,000,000 in the jointly administered Chapter 11 cases filed by PRB Energy, Inc., et al.
Sumatra Energy Company, Inc.: represented Sumatra Energy Company, Inc. (“Sumatra”), a Chapter 11 debtor, regarding a Plan of Reorganization filed by Sumatra and Sierra Exploration Company (“Sierra”) resulting in successful confirmation of the Plan. The Plan provided that in exchange for cash and Sierra common and preferred stock, Sierra would acquire all shares of Sumatra common stock, certain limited partnership interests and certain oil and gas properties. Sumatra’s oil and gas properties acquired pursuant to the Plan were valued at approximately $1,500,000.
ENTERTAINMENT, GAMING AND HOTELS
Blackhawk Casino By Hyatt: as co-counsel represented casino in Chapter 11 resulting in successful confirmation of a Plan of Reorganization approving a voluntary sale of the casino for in excess of $100 million and payment of creditors in full.
Cripple Creek Development Corp.: represented casino in Chapter 11 bankruptcy, resulting in a structured dismissal following successful negotiation of creditor and shareholder disputes.
Rabex of Colorado, Inc.: represented Breckenridge Hilton Hotel in Chapter 11, resulting in voluntary sale of hotel to Vail Resorts for approximately $20 million.
Centrix Financial, LLC: as co-counsel represented Corporate America Family Credit Union (“CAFCU”) in the Centrix Financial, LLC Chapter 11 respecting approximately $230 million of auto loans funded by CAFCU and originated/serviced by Centrix Financial, LLC.
Merchants Mortgage & Trust Company: represented private mortgage lender in prepackaged Chapter 11 resulting in successful confirmation of its Plan of Reorganization providing for the issuance of new securities in exchange for $25 million in existing subordinated debentures and in exchange for existing preferred and common stock.
RayneMark Investments, LLC: represented investment company as a creditor or investor in several bankruptcy cases including defending attempted “claw back” by a bankruptcy trustee involving the Petters Ponzi scheme and related bankruptcy case.
MANUFACTURING AND RETAIL
Amdura National Distribution Company: represented hardware wholesaler in Chapter 11, resulting in voluntary sale of company’s assets for approximately $20 million and confirmation of a Joint Plan of Reorganization.
Gart Properties, LLC: represented Gart Properties as a landlord in the Sports Authority Chapter 11 case relating to six commercial leases including a lease of the Sports Castle located in Denver, Colorado.
Gart Investments: represented Gart Investments as a secured creditor in various commercial transactions.
GolfTEC Enterprises, LLC: represented GolfTEC Enterprises, LLC in the jointly administered Chapter 11 cases filed by Golfsmith International Holdings, Inc. and its affiliates regarding in excess of 60 sub-leases by and between Golfsmith U.S.A., L.C.C., as sub-lessor and GolfTEC Enterprises, LLC as sub-lessee.
Monfort Capital, LLC: represented Monfort Capital, LLC as a secured creditor with respect to a Chapter 11 bankruptcy filed by Rocket Ventures, LLC d/b/a Johnnie Rockets Restaurants.
Packerland Packing Company, Inc.: represented meat packing company jointly administered with the Gillett Holdings, Inc. Chapter 11, resulting in successful confirmation of a Joint Plan of Reorganization resolving upstream guarantees of debt in excess of $1 billion.
Shane CO: represented Mr. Thomas Shane, individually, in the Shane CO Chapter 11 which involved company debt of approximately $100 million, including the representation of Mr. Shane and related family trusts in providing DIP financing to the company in the amount of $10.5 million.
Castle Pines North Metropolitan District: represented Colorado special district in Chapter 9, resulting in successful confirmation of its Plan of Adjustment of Debts adjusting approximately $40 million of bonds issued by the district.
Mount Carbon Metropolitan District: represented creditors’ committee in Chapter 9, involving approximately $20 million of defaulted bonds in which a Plan for Adjustment of Debts was confirmed.
Villages at Castle Rock No. 7: represented Colorado special district in Chapter 9, resulting in successful confirmation of its Plan for Adjustment of Debts adjusting approximately $7.5 million of bonds issued by district.
Colorado Land Consultants, Inc.: represented multi-state engineering firm in prepackaged Chapter 11 resulting in successful confirmation of a Plan of Reorganization restructuring debts in excess of $14 million.
The Aspen Club & Spa, LLC: represented Revere High Yield Fund, L.P. (“Revere”) in a Chapter 11 case filed by the Aspen Club Redevelopment Company, LLC (“Debtor”), which was the owner of the Aspen Club & Spa (“Club”) located in Aspen, Colorado. Revere was the holder of promissory note with a balance due of approximately $15 million secured by a second deed of Trust encumbering the Club. The Club also was encumbered by a promissory note held by another lender (“Lender”) in the approximate amount of $40 million secured by a first deed of Trust encumbering the Club. The Debtor filed a plan of reorganization (“Plan”) proposing an unprecedented post-confirmation borrowing in excess of $100 million which would “prime” all existing debt including the Debtor’s secured obligations owing to the Lender and to Revere. The Lender and Revere jointly opposed confirmation of the Plan. The bankruptcy court entered an order denying confirmation of the Plan more than a year after the case was filed. This case was featured on the cover of the November 2020 edition of the American Bankruptcy Institute Journal.
Craddock Development Company: represented real estate development and construction company in Chapter 11, resulting in successful confirmation of its plan resolving debts of approximately $100 million.
First American Title Insurance Co: represented title insurance company and its insureds as creditors in the Landmark Towers Chapter 11 case. The title company had issued all owner and lender policies regarding the properties sold at the project. Resolved millions of dollars of mechanics lien claims asserted under policies issued to approximately 230 owners and lenders.
Lakeview Development Corporation: represented creditors committee in Chapter 11 filed by real estate developer having debts in excess of $40 million.
McStain Enterprises, Inc.: represented creditors’ committee in Chapter 11 filed by Denver area home builder having debts in excess of $45 million.
Van Schaack & Company: represented largest privately owned real estate company in Denver area in Chapter 11, resulting in voluntary sale of business.
Yellow Cab Cooperative Association: represented taxicab company in Chapter 11, resulting in voluntary sale of company and a successful confirmation of its Plan of Reorganization.