Brent R. Cohen

As a senior member of the firm's Bankruptcy and Creditors' Rights Practice Group, Brent Cohen has been exposed to a wide variety of bankruptcy and insolvency matters throughout the United States. His practice includes representation of debtors, creditors, and trustees in bankruptcy and insolvency proceedings, as well as workouts and restructurings outside of court. He regularly provides bankruptcy advice in conjunction with a variety of complex commercial transactions and has participated in some of the more significant bankruptcy litigation in the Rocky Mountain area. He has also had extensive involvement in oil and gas, debtor/creditor, and commercial litigation.

More About Brent R. Cohen

Education

• J.D., University of Colorado Law School, 1981
• B.S., magna cum laude, University of Colorado, College of Business and Administration, 1978

Bar Admissions

• Wyoming, 1982
• Colorado, 1981

Court Admissions

• Colorado Court of Appeals
• Colorado State Judicial District Courts
• Colorado Supreme Court
• U.S. Bankruptcy Court, Colorado
• U.S. District Court, District of Colorado
• U.S. Court of Appeals, Tenth Circuit
• Wyoming State Judicial District Courts
• Wyoming Supreme Court
• U.S. Bankruptcy Court, Wyoming

Community

• Faculty of Federal Advocates, Board of Directors, 2008-2010
• American Bankruptcy Institute UCC Committee, Co-Chair, 2005-2007
• Colorado Wyoming and American Bar Associations, Member

Representative Matters

Bankruptcy - Creditor Representation

• Represented the principal unsecured creditors in three Chapter 11 proceedings that were collectively the largest ever filed in Wyoming—In re Albrecht, In re Rivermeadows Associates, Ltd., and In re Fish Creek Meadows Associates, Ltd. In each case, all secured and unsecured creditors were paid in full, with interest.
• Represented the largest unsecured creditor and served on the creditors committee in a Chapter 11 proceeding filed in Wyoming by Canyon Club, Inc. The case culminated in a sale of assets that resulted in payment in full on all claims.
• Represented the principal secured creditor in a Wyoming receivership proceeding and eventual bankruptcy of Teton Club, LLC.
• Represented major creditors in a variety of oil and gas bankruptcies filed in Colorado and Wyoming including Stone & Wolf, LLC, PRB Energy, Storm Cat Energy, and Riviera Drilling and Energy.
• Representation of a consortium of Taiwanese manufacturers in In re Schwinn/GT, Inc., a Colorado bankruptcy proceeding involving the well-known bicycle manufacturer and various related entities.
• Representation of the largest creditor and service on the creditors' committee in the Colorado Chapter 11 proceeding filed by Western Integrated Networks, a telecommunications company.
• Representation of the largest creditor and service on the creditors' committee in the Colorado Chapter 11 proceeding filed by Verilink Corporation, a telecommunications case filed in Alabama.
• Representation of a major unsecured creditor and service on the creditors' committee in In re Adesta Communications, Inc., a telecommunications case filed in the District of Nebraska.

Bankruptcy - Debtor Representation

• Represented RockWell Petroleum (U.S.) Inc. and various subsidiaries in a Chapter 15 cross-border insolvency proceeding filed in the District of Wyoming and Alberta, Canada.
• Represented a publicly held company located in Golden, Colorado, which developed and manufactured advanced battery technology for automotive and marine uses in its Chapter 11 proceeding filed in the District of Delaware.
• Represented a Colorado-based heavy equipment manufacturer in its Chapter 11 proceeding filed in the District of Delaware.
• Represented the owner of an apartment complex in a Chapter 11 proceeding filed in Colorado.
• Represented a variety of "dot-com" and biotech enterprises in bankruptcy and out-of-court liquidations, including, among others, Wholetree.com, GearDirect.com, ipArchive, Inc., and Invenux, Inc.
• Represented various real estate developers in Teton County, Wyoming, in workout and bankruptcy proceedings.

Bankruptcy and Insolvency - Trustee Representation

• Represented plan trustee in Wyoming Chapter 11 cases filed by D3X, Lucky Luck Farms, and others.
• Attorney for the plan trustee in Alpex Computer Corp., which involved supervision and monitoring prosecution of a major patent infringement case in the U.S. District Court for the Southern District of New York.
• Represented the plan co-trustees in claim litigation arising out of In re Yellow Cab Cooperative Ass'n., a Chapter 11 case filed in the District of Colorado.
• Counsel for the trustee of the CCI Liquidating Trust, the successor in interest to Convergent Communications, Inc., a Colorado telecom company, after confirmation of its Chapter 11 plan of reorganization.
• Represented the Chapter 7 trustee in the prosecution of fraudulent claims in the case of In re Hill, in Bankruptcy Court for the District of Wyoming.
• Representing the Chapter 7 trustee as special litigation counsel for Mobile Tool International, Inc. in the United States Bankruptcy Court for the District of Delaware.

Asset Acquisition

• Represented purchaser of approximately 20 restaurant locations in cross-border reorganization proceedings pending in Boston, Massachusetts, and Toronto, Ontario.
• Represented purchaser acquiring hospital linen services in Grand Junction, Colorado and Oklahoma City, Oklahoma in receivership proceedings.
• Represented purchaser of assets from Koala Corporation; bankruptcy pending in the United States Bankruptcy Court for the District of Colorado.

Reported Cases

• In re Colorado Springs Symphony Orchestra Association, 462 F.3d 1265 (10th Cir. 2006)
• Ridge at Haiwan, Ltd. v. Thompson (In re Thompson), 231 B.R. 802 (D. Colo. 1999)
• In re Tri-State Equipment, Inc., 792 F.2d 967 (10th Cir. 1986);White v. Bell (In re White), 212 B.R. 979 (B.A.P. 10th Cir. 1997)
• In re Rivermeadows Associates, 205 B.R. 264 (B.A.P. 10th Cir. 1997)
• Moriarity v. State ex. rel. McBride, 899 P.2d 879 (Wyo. 1995)
• Cargill v. Mountain Cement Company, 891 P.2d 57 (Wyo. 1995)
• Nintendo Company v. Patten (In re Alpex Computer Corp.), 71 F.3d 353 (10th Cir. 1995)
• Amoco Rocmount Co. v. Anschutz Corp., 7 F.3d 909 (10th Cir. 1993)
• In re Drywall Supply, Inc., 111 B.R. 933 (D. Colo. 1990)
• FSLIC v. Westgate Partners, Ltd., 726 F. Supp. 807 (1989)

News

Client Alerts

Blog Posts

Events

• Presenter, "Colorado's New UCC Revised Article 9," CLE in Colorado, July 2001
• Presenter, "E-Commerce and High-Tech Bankruptcies," American Bankruptcy Institute Rocky Mountain Regional Conference, February 2001
• Presenter, "Current Developments in Technology and Technology Cases," American Bankruptcy Institute Rocky Mountain Regional Conference, February 2000