Caroline C. Fuller
John M. Tanner |
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We are on the cutting edge of receivership law. We represent receivers and claimants in all types of receivership proceedings, including:
- Equity
- Lender foreclosure
- Regulatory
- Special district
Experienced Resource: We educate lawyers, lenders, and business people on receivership and bankruptcy proceedings and the similarities and differences between them.
Substantive Experience: We have substantial experience in receiverships involving:
- Foreclosure on or liquidation of real property, personal property, and intangible property such as accounts receivable and intellectual property
- Control disputes between owners of businesses
- Operating receiverships of businesses designed to realize highest value for creditors through sale of the business as a going concern
Diverse Representation: We represent owners, claimants, and receivers in Colorado and throughout the Midwest and West. We have counseled business partners regarding the appointment of a receiver as a possible solution when disputes between the partners stymie business decisions and harm the business. We have advised lenders in connection with the appointment of a receiver for their collateral. We have represented receivers appointed during the pendency of such disputes.
Specific Cases:
We served as lead counsel to the receiver in the Indian® motorcycle trademark cases. In those cases, the receiver took an estate for which it was originally offered $10,000 in 1995, and closed on a sale in early 1999 for approximately $20,000,000 in cash, plus other considerations. We blended novel approaches to the interaction among trademark, securities, bankruptcy, receivership law, and well-established principles of law, to achieve a tremendous result for all parties to the proceeding.
We have also applied our extensive experience in special district representation in the receivership context. We represented the receivers of two special districts in El Paso County, Colorado, in the resolution of drainage and annexation issues hindering development in the districts and causing defaults on the bonded indebtedness of the districts. The receivers brought an innovative approach to the resolution of these issues, which resulted in the maximization of the value of the property within the districts for the benefit of the bondholders.
Experienced Resource: We write articles and provide continuing legal education seminars on equity receiverships and the contrast between them and traditional bankruptcy cases.
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