Alice A. White

awhite@OGFJ-law.com
720.457.7065

Alice’s legal practice focuses on two major areas: commercial law and commercial bankruptcy and insolvency.  In her commercial practice, Alice represents commercial clients in a variety of transactions, such as asset and stock sales, financings and leasing, as well as providing legal advice on a whole range of business operational and contractual issues.  She has represented clients in the real estate, hard rock mining, cable, medical imaging, restaurant, green technology, oil and gas, broadcasting, computer hardware, genetic breeding, and high tech industries, among others, in both national and international venues.  In her bankruptcy and insolvency practice, Alice represents businesses in out-of-court restructurings, chapter 11 and chapter 7 bankruptcies; trustees in chapter 7 cases and creditors in chapter 11 and 7 cases.

Prior to joining Onsager, Staelin & Guyerson, Alice worked with Jessop & Company, P.C., a Denver firm, which had a significant transactional and corporate practice as well as a commercial bankruptcy practice. Alice was one of the two primary attorneys providing the transactional and corporate services, often functioning as in-house counsel for clients, as well as being very involved in the firm’s commercial bankruptcy practice.

Alice has also worked in-house for a large mining company (AMAX), at which she represented the U.S. Exploration Department, did transactional, construction, corporate and real estate work related to AMAX’s  mines (both national and international), and managed outside counsel on various litigation matters.

Practice Areas

  • Asset and Stock Purchases and Sales
  • Real Estate Acquisitions and Dispositions
  • Entity Formation
  • Commercial Real Estate and Equipment Leasing
  • Contract Drafting, including contracts relating to purchases and sales, construction, manufacturing, distribution, sales representatives employees, consultants, non-compete, confidentiality, loans
  • Corporate Governance
  • Commercial Bankruptcy, including Representation of Debtors, Trustees and Creditors
  • Out-of-Bankruptcy Workouts
  • Joint Venture, Earn-In, Mineral Leases and Other Exploration and Mining-Related Agreements
  • Non-Profit Governance and Legal Issues

Admissions:

Tenth Circuit Court of Appeals
U.S. District Court for the District of Colorado
U.S. Bankruptcy Court for the District of Colorado
Colorado Supreme Court

Professional Memberships:

American Bankruptcy Institute
Colorado Bar Association
Denver Bar Association

Publication:

“Removal of an Operator from a Mining Joint Venture,” co-authored with E. Dale Trower, published in the Proceedings of the 37th Ann. Rocky Mtn. Min. Law Inst., 1991.

Education:

J.D. with Honors, The National Law Center, George Washington University 1983
B.A. with General Honors, Douglas College at Rutgers University 1974
Phi Beta Kappa

Personal:

Alice grew up on the East Coast and moved to Colorado in 1983 to be near the mountains.   In addition to spending lots of time in the outdoors hiking, camping, mountain climbing and skiing, she was also served for many years on the board of the Colorado Mountain Club and is a Past President.

Alice’s other main interest is nonprofit organizations, and in particular the nonprofit arts community.  She is currently the Chair of the Board of Directors of the Dawson Wallace Dance Project, and in the past served on the Jefferson County Cultural Council (SCFD), was a participant in the first Leadership Arts Denver, and a volunteer attorney with Colorado Lawyers for the Arts.  Alice also is very interested in nonprofit governance issues, and at one time took a short break from the full-time practice of law to be the executive director of a small human services nonprofit organization.  From time to time, she consults on governance issues and is a board trainer at Metro Volunteers.

Representative Clients, Cases and Transactions:

AeroSort Systems, LLC.  Alice sits on the board of directors and acts as general counsel for this start-up green technology company, which utilizes a patented wind-tunnel technology for dry particle processing in a variety of fields including mining, environmental recovery operations (e.g., lead firing ranges, used tires), and aggregates.  In addition to the development of a range of typical contracts and governance policies, Alice plays a large role in the negotiation and documentation of the company’s sales (both international and domestic), and distribution and sales representative agreements.

Narayan Development, LLC.  This company invests in distressed residential real estate development projects and single-family residences via note purchases and outright real estate purchases.  Alice negotiates and drafts the purchase agreements and the shepherds the transactions to closing.

Amarillo Restaurants, Inc.   This company, together with several subsidiaries, owned and operated several Mexican restaurants and had successfully reorganized in a chapter 11 proceeding.  About two years after it emerged from bankruptcy, it decided to restructure its loans in order to do a major reorganization of its business and catch-up on plan payments.  Alice acted as lead counsel in this transaction, which included several pieces of real estate as well as typical restaurant assets, as well as lengthy and complex negotiations with many of the company’s numerous existing secured lenders and creditors (including the trustee of the plan’s unsecured creditors trust).

In re Southwest Concrete Pumping, Inc. Alice was part of the team that represented three related debtors in jointly administered chapter 11 bankruptcy cases, whose bankruptcies were opposed by three large unsecured creditors.  Alice focused on the structure and development of the joint plan of reorganization, helping to develop a unique plan structure which was confirmed by 100% of the creditors.

In re Rickie Van Vleet.  This was an individual chapter 11 case in which the major assets were located in the South Pacific island nation of Vanuatu.  Early on in the case, a chapter 11 trustee was appointed since it had become apparent that the debtor was essentially running a Ponzi scheme.  After the chapter 11 trustee was appointed, the debtor and other insiders obstructed the trustee’s efforts to market and sell the assets.  Alice was one of a team which represented the liquidating trustee.  She focused on governance issues relating to the Vanuatu companies which owned the assets, preparation and confirmation of the liquidating plan, and contempt litigation against the debtor and insiders.

Newsham Hybrids (USA), Inc. and subsidiaries.  This was an out-of-bankruptcy workout of a large genetic hog-breeding operating, which owned several farms in Colorado, an international subsidiary, and a genetic lab.  Alice, as lead counsel, negotiated two asset purchase agreements with separate buyers, one for the genetic facility and the intellectual property, and the other for the agricultural operations. While these sales were ongoing, Alice successfully convinced a large group of creditors that an out-of bankruptcy workout would return more to the creditors than a chapter 7 bankruptcy.  After the closing of the sales, Alice directed a team which wound up the company, including litigation and settlements.  Eventually, the return to unsecured creditors was around 80%.

In re Western Integrated Networks, LLC, et al.  These chapter 11 cases consisted of thirteen (13) related companies in California involved in cable television construction and operation.   Alice, as one of a team of attorneys working on these cases, handled the sale of the assets out of the bankruptcies, drafted the joint liquidating chapter 11 plan which was successfully confirmed, and negotiated and documented settlements with a variety of creditors.

Tecmar Technologies International, Inc. and subsidiaries. Alice was one of a team of two attorneys acting as general counsel and later chapter 11 bankruptcy counsel, for this U.S. computer tape backup company, which had both national and international offices and subsidiaries.  While serving as part of the general counsel team for approximately four years, Alice drafted many different business contracts, provided advice on and drafted agreements relating to employee issues, was heavily involved in international operational matters and sales of subsidiaries, and played a key role when the company was listed on the Norwegian stock exchange.  After the company and two of its subsidiaries filed for chapter 11 bankruptcy protection in Delaware, Alice handled many of the chapter 11 matters, including settlements and preparation of the liquidating plan.  Alice subsequently represented the liquidating trustee.