Andrew D. Johnson

ajohnson@ofjlaw.com
720.457.7061

Andy’s bankruptcy practice focuses on representing businesses, business owners, and trustees in out-of-court restructurings, chapter 11 and chapter 7 bankruptcies, and related litigation. He has successfully represented clients in the construction, automotive, real estate, oil and gas, broadcasting, and high tech industries, among others. Andy has also obtained favorable judgments and settlements in numerous § 547 preference cases and §§ 544 and 548 fraudulent transfer cases on behalf of debtors, trustees, and defendants.

Andy’s state and federal court litigation practice focuses on defending and prosecuting insolvency-based claims, such as alter ego, fraudulent transfer, constructive trust, and cases in which collecting any judgment is likely to be an issue. Andy has also represented clients in appeals to the Tenth Circuit, the Federal Circuit, the Fifth Circuit, the Bankruptcy Appellate Panel for the Tenth Circuit, the U.S. District Court for Colorado, and the Colorado Court of Appeals.

Andy has worked in-house for a real estate development company at which he advised the company, did transactional work related to real estate development, and managed outside counsel on various litigation matters. As a former consumer of legal services, Andy works to deliver what he expected of attorneys he hired: the highest quality, clear and prompt communication, and a bottom line approach. With these standards, many of Andy’s successes result in pre-bankruptcy workouts and settlements.

Andy has litigated numerous § 523 dischargeability and § 727 discharge cases. Andy was recognized by the Faculty of Federal Advocates for his personal commitment to providing pro-bono legal services through the Faculty of Federal Advocates when the firm received the Donald E. Cordova distinguished service awards for 2009, 2010, and 2011.

Andy is currently the secretary of the Executive Council of the Business Law Section of the Colorado Bar Association. Andy was a co-chair of the Colorado Bar Association’s Bankruptcy Sub-Section for 2013-2015 term.

Representative Cases

Boldon v. Lindblad (2015): Andy obtained a dismissal of claims asserted against a law firm for allegedly violating the bankruptcy discharge injunction. Andy also obtained a denial of a stay pending appeal and successfully defended the dismissal on appeal.

In re Old Town North (2013-2015)In re Old Town North (2013-2015: Andy represented a trustee in connection with the sale of a partially completed development. Andy also obtained a judgment in favor of the client avoiding liens against the property.
In re Biax (2015): Andy was part of the team that obtained confirmation of a chapter 11 plan. Biax was founded to design, build, and market high performance computer systems.

Biax Corp. v. Nvidia Corp., 2015 U.S. App. LEXIS 3082 (Fed. Cir. Feb. 24, 2015): Andy was part of the team that overturned a $2.0 million fee award under § 285 of the Patent Act at the Federal Circuit Court of Appeals, notwithstanding a Supreme Court decision in the middle of the appeal that made overturning such awards significantly more difficult.

In re Southwest Concrete Pumping, Inc. (Bankr. D. Colo. 2012): Andy was lead counsel for three related debtors in a jointly administered chapter 11 bankruptcy case. The firm obtained an order authorizing the debtors to use cash collateral over the objections of two secured creditors, and the firm successfully defeated the adequate protection challenge of two secured creditors. The firm also obtained orders denying motions for relief from stay. After lengthy negotiations, the debtors confirmed a plan of reorganization in August 2013 with 100% acceptance of the plan.

Digital Advertising Displays, Inc. v. Sherwood Partners, LLC, 2013 WL 179271 (D. Colo. Jan. 17, 2013): Andy was part of the team that represented Sherwood Partners in defending Sherwood Partners and dismissing all of the claims against Sherwood.

Rancher v. GasRock Capital, LLC, 10-01173-MER (Bankr. D. Colo. 2010): Andy was part of the team that represented the debtor in an adversary proceeding to avoid preferences under § 547, fraudulent transfers under § 548, and post-petition transfers under § 549, all arising from a complex oil and gas financing that occurred prior to the bankruptcy. The case settled favorably for the debtor.

In re Rancher Energy Corp., (Bankr. D. Colo. 2009): Andy was part of the team that represented a public oil and gas company in a chapter 11 reorganization. The debtor sold its principal assets and confirmed a plan with 100% payout to unsecured creditors and more than $1.5 million to equity.

Lofstedt v. Clark, (Bankr. D. Colo. 2011): Andy was part of the team that represented a chapter 7 trustee in an adversary case in which the chapter 7 trustee asserted claims against multiple defendants for preferences under § 547 and fraudulent transfers under §§ 544 and 548 against non-statutory insiders. The case settled favorably for the trustee.

Weinman v. PNC Bank, N.A., (Bankr. D. Colo. 2010): Andy was part of the team that represented the unsecured creditors committee in the chapter 11 case of an office supply company. The case converted to a chapter 7, and Andy was part of the team that represented the chapter 7 trustee in an adversary proceeding to avoid the attachment of a security interest to the debtor’s right to receive a substantial tax refund as a preference under § 547. The case settled favorably for the trustee.

Rayner v. Reeves, 502 Fed. Appx. 776 (10th Cir. 2012): Andy represented two creditors in an adversary proceeding seeking the non-dischargeability of debts against an individual in chapter 7. Andy’s clients won in the bankruptcy court on summary judgment and successfully defended the ruling in appeals to the Bankruptcy Appellate Panel and the Tenth Circuit.

Valley Bank & Trust Co. v. Spectrum Scan, LLC, 696 F.3d 1051 (10th Cir. 2012): Andy was part of the team that represented a chapter 11 trustee in an adversary proceeding, and subsequent appeals, to avoid a security interest in an FCC radio license.

Automotive Finance Corp. v. Wildfong, 12-01288-EEB (Bankr. D. Colo. 2012): Andy represented a chapter 7 debtor in an adversary proceeding in which a creditor sought to have a debt declared non-dischargeable. The case settled favorably.

High Desert Properties, LLC v. Grand Valley National Bank, (Bankr. D. Colo. 2010): Andy was part of the team that represented a chapter 11 debtor in an adversary proceeding to avoid a security interest a real estate developer’s right to collect sewer cost recoveries. The firm’s client won on summary judgment.

Thompson v. Thompson, (Bankr. D. Colo. 2011): Andy represented a chapter 7 debtor in an adversary proceeding in which an ex-spouse sought a judgment that debts were non-dischargeable under § 523(a)(15).

Peters v. Prentiss, (Bankr. D. Colo. 2010): Andy represented chapter 7 debtors in an adversary proceeding in which the trustee sought to avoid liens on the debtor’s house and capture the benefit of liens released post-petition. The case settled favorably for the debtors.

FirstAgain, LLC v. Hasenauer, (Bankr. D. Colo. 2010): Andy represented a creditor that commenced an adversary proceeding against a chapter 7 debtor to determine the dischargeability of a debt under § 523(a)(2). The case settled favorably for the creditor.

Whyte v. H-2 Enterprises, (Bankr. D. Del. 2010): Andy represented a creditor in connection with the chapter 11 bankruptcy of an oil pipeline company. A liquidating trustee commenced an adversary proceeding against the creditor to recover preferences under § 547. The case settled favorably for the creditor.

Lehman Brothers Holding, Inc. v. Clarion Mortgage Capital, Inc. (D. Colo. 2009): Andy was part of the team that defended a regional mortgage lender against “putback” claims by a purchaser of mortgages. The plaintiff voluntarily dismissed the case.
In re Centrix, (Bankr. D. Colo. 2006): Andy was part of the team that represented the liquidating trustee in analyzing preference liability under § 547 and commencing approximately 60 adversary cases to recover preferences.

Andy represented a seller of stock in two state court lawsuits against purchaser of stock for failing to cause the release of guarantees of debt for the company. Both cases resulted in wins for the client: one case went to trial and judgment was for client; the other case resulted in judgment for client on summary judgment.

Andy has represented beneficiaries of self-directed IRAs in challenges by creditors and bankruptcy trustees to the exempt status of the self-directed IRAs.

Andy has represented a number of business owners in filing for chapter 7 bankruptcy protection and in workouts and out of court restructurings with lenders.

At a prior firm, Andy represented regional lenders in negotiating and documenting asset-based loans, mezzanine loans, and real estate secured loans. Andy also represented regional lenders in working out and liquidating non-performing loans.