J. Brian Fletcher

jbfletcher@ofjlaw.com
720.457.7060

Brian represents clients in commercial bankruptcy and insolvency-related matters in Colorado and nationally, including businesses, business owners, landlords, debtors, creditors, trustees and creditor committees in all aspects of chapter 11 and chapter 7 cases. Brian has advised clients in all aspects of the chapter 11 reorganization process. In 2013, for example, Brian represented a secured creditor in a chapter 11 case where the client obtained relief from the automatic stay and the recovery of its collateral. Also in 2013, Brian represented an official unsecured creditors committee and a liquidating trustee in chapter 11 cases.

Similarly, Brian has significant experience in chapter 7 cases, including experience representing chapter 7 panel trustees. Brian has represented clients, including chapter 7 trustees, in virtually all matters that arise in chapter 7 cases, including asset investigation and recovery, asset sales, § 547 preference cases and §§ 544 and 548 fraudulent transfer cases, exemption matters, and discharge objections.

Brian regularly advises clients on insolvency issues outside of bankruptcy cases, and his experience extends to other areas of commercial law. He has been involved in numerous state court litigation matters and receiverships.

Prior to joining the firm, Brian was associated with the boutique bankruptcy firm Jessop & Company, P.C., where he gained significant experience representing airport and taxing authorities in airline bankruptcies, including the United, Northwest, Delta and Frontier bankruptcy cases. Brian continues his involvement in airline bankruptcy cases, including representing a major airport authority in the American Airlines bankruptcy case and the Mexicana chapter 15 case, both pending in pending in the Southern District of New York.

Representative Cases

In re Premier Paving, Inc., (Bankr. D. Colo. 2012). As lead counsel to the Official Unsecured Creditors Committee, Brian negotiated a plan of reorganization with the debtor and other creditors whereby unsecured creditors stand to recover 100% of their claims.

In re Pease, (Bankr. D. Colo. 2012). Brian represented a secured creditor in this chapter 11 case and successfully obtained an order prohibiting debtor’s use of cash collateral and for relief from the automatic stay to recover the client’s real property collateral.

In re Mexicana

In re AMR Corporation, et al., (Bankr. S.D.N.Y 2011). Brian represents the City and County of San Francisco, as owner and operator of the San Francisco International Airport. Among other things, Brian successfully negotiated the assumption of executory contracts and leases and the cure of prepetition defaults.

In re Rothe, (Bankr. D. Colo. 2011). Brian represented the chapter 7 trustee in this chapter 7 case and assisted the trustee with identifying undisclosed assets and with opposing debtor’s motion to dismiss. The case settled favorably and resulted in payment of creditors in full.

In re Wernimont, (Bankr. D. Colo. 2011). Brian represented the chapter 7 trustee in this chapter 7 case. Brian assisted the trustee with investigating assets, conducting depositions pursuant to Fed. R. Bankr. P. 2004. including conducting discovery, including The firm also assisted with Trustee’s objection to debtor’s claimed exemptions. The case settled favorably.

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

In re Tracy Broadcasting Corporation, (Bankr. D. Colo. 2009). Brian represented the appointed chapter 11 trustee in this chapter 11 case involving a radio station. Among other things, the firm assisted the trustee with obtaining an order authorizing the continued operation of the station by a third-party via a Time Brokerage Agreement. The firm is assisting the trustee with a plan of reorganization that will result in the sale of assets.

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

In re High Desert Properties, LLC, (Bankr. D. Colo. 2009). Brian was lead counsel to the debtor in this chapter 11 case involving real property in Grand Junction, Colorado. After lengthy negotiations with the secured creditor and coordination with a related entity and its chapter 11 bankruptcy counsel, the debtor confirmed a plan of reorganization in July 2010.

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

Presentations:

Moderator – Faculty of Federal Advocates, Bench-Bar Roundtable, October 2011
Case law update with the Hon. Michael Romero, Colorado Bar Association, Bankruptcy Subsection, July 2010

Memberships and Admissions

Denver Bar Association, member

Colorado Bar Association, member

American Bankruptcy Institute, member

Faculty of Federal Advocates, member

Brian is admitted to practice in the U.S. Bankruptcy Court for the District of Colorado; the U.S. District Court, District of Colorado; and the 10th Circuit Court of Appeals.