News

January 2017–Christian Onsager and Andy Johnson to Present at 2017 Rocky Mountain Bankruptcy Conference

January 2017-Christian Onsager and Andy Johnson are presenters at the 2017 Rocky Mountain Bankruptcy Conference sponsored by the American Bankruptcy Institute. Christian is the panel moderator on “Section 363 Sale Issues Involving Successor Liability and the Meaning of ‘Free and Clear.’ ” Andy is a presenter on “Ethics: Discharge Issues and Elements of Proof Under § 523/Consumer Mock Trial of a § 523 Discharge Case

http://www.abi.org/events/22nd-annual-rocky-mountain-bankruptcy-conference

May 2016–The Official Unsecured Creditors Committee for Fog Cap Retail Investors, LLC

The Official Unsecured Creditors Committee for Fog Cap Retail Investors, LLC, United States Bankruptcy Court For The District of Colorado Case No. 16-13815 TBM, a national commercial retail leasehold owner, has chosen Michael J. Guyerson and Onsager | Guyerson | Fletcher | Johnson, LLC as Committee Counsel. Significant creditors on the Committee are Foot Locker Retail Inc., and Stratford Holdings, LLC.

January 2016-The Unsecured Creditors’ Committee of Atna Resources, Inc. and its affiliates has retained the law firm of OGF&J as its counsel

The Unsecured Creditors’ Committee of Atna Resources, Inc. and its affiliates: Atna Resources Inc., (15-22848), Canyon Resources Corporation (15-22849), CR Briggs Corporation (15-22850), CR Montana Corporation (15-22851), CR Kendall Corporation (15-22852), Atna Resources Ltd. (15-22853) and Horizon Wyoming Uranium, Inc. (15-22854) has retained the law firm of Onsgaer|Guyerson|Fletcher|Johnson as its counsel. Atna is a publically traded mineral development company with significant gold mining operations in California and Nevada with listed assets in excess of 30 million dollars.

November 5, 2015 – Escalera Resources Files Voluntary Bankruptcy Petition Under Chapter 11

Denver, Colorado and Houston, Texas (November 5, 2015) – Escalera Resources Co. (OTC PINK: ESCR) (“Escalera” or the “Company”) announced today that it filed a voluntary petition in the United States Bankruptcy Court for the District of Colorado (the “Court”) seeking relief under the provisions of Chapter 11 of Title 11 of the United States Code. The Company believes the Chapter 11 process will provide the greatest flexibility to pursue viable options for asset sales or other alternatives with the goal of maximizing the value of the enterprise for the Company’s creditors and stakeholders. The Company’s legal advisors are Onsager | Guyerson | Fletcher | Johnson of Denver, CO.

Press Release

February 2015–Firm overturns fee award at Federal Circuit

February 2015– In a newsworthy decision from the Federal Circuit Court of Appeals, Christian Onsager and Andy Johnson successfully overturned an award of over $2,000,000 in attorneys’ fees against its client, BIAX Corporation.

BIAX Corporation, a Colorado company, was founded in the 1980’s to design, build, and market high performance computer systems. BIAX spent millions of dollars developing its technology and received five U.S. and three international patents relating to parallel processing computer systems its employees developed. BIAX has successfully licensed its patents to third parties for use in a broad range of computer and consumer electronic products.

The company was on the losing end of a judgment for allegedly asserting baseless patent infringement claims against Sony Computer Entertainment America, Inc., Sony Electronics, Inc., and NVIDIA Corp. The Federal Circuit Court of Appeals ruled, however, that “there was nothing unreasonable about BIAX’s infringement position,” finding that the trial court never addressed the essential issue of the scope of BIAX’s patents.

BIAX’s President noted that two Supreme Court decisions handed down in the middle of the appeal made overturning the fee award even more difficult. He praised the firm’s lawyers for their dedication and the talent to express the legal and technological arguments simply and clearly. Christian Onsager noted that the firm has a passion for complex cases such as these and prides itself on its ability to get to the heart of a problem.

 

January 2015–Mechanic’s Lien Trust Fund Violations, Theft and Bankruptcy after Bullock v. Bankchampaign, N.A.,

On paper the new more demanding standard for defalcation should result in fewer non-dischargeable judgments for violations of the mechanic’s lien trust fund statute.  However, it is unclear whether the new standard will be a get-out-of-jail-free card.  The new Bullock standard for “defalcation” is likely to raise a number of new issues that, as a practical matter, may attenuate the impact of Bullock. read more…

January 2015–Christian Onsager and Andy Johnson Present at 2015 Rocky Mountain Bankruptcy Conference

January 2015—Christian Onsager and Andy Johnson were presenters at the 2015 Rocky Mountain Bankruptcy Conference sponsored by the American Bankruptcy Institute. Christian was a presenter on the “Special Issues in Solvent Debtor Cases” panel. Andy was a presenter on the “Exemption Issues: Trends in exemption law, including a Colorado legislative update and fallout from Clark v. Rameker and Law v. Siegel.

http://www.abi.org/events/2015-rocky-mountain-bankruptcy-conference