Bart B. Burnett
Horowitz & Burnett, P.C.
1660 Lincoln Street, Suite 1900, Denver, CO 80264
Mr. Burnett is a founding partner in the Denver, Colorado law firm of Horowitz & Burnett, P.C., and was formerly a partner in the New York City law firm (Denver Office) of LeBoeuf, Lamb, Greene & MacRae LLP. Mr. Burnett has over 25 years experience in all aspects of business and commercial transactions and corporate insolvency and restructuring matters. Mr. Burnett has extensive experience in business reorganization under Chapter 11, representation of debtors, creditors' committees, creditors, secured creditors, purchasers of assets from bankruptcy estates, and avoidance litigation, as well as involvement in complex local and national bankruptcy and work-out cases in a wide variety of businesses and industries.
Mr. Burnett has been selected as a Colorado Super Lawyer and a Best Lawyer in America.
Mr. Burnett has the top Martindale-Hubbell "AV" rating for attorneys.
Bachelor of Arts: Michigan State University, 1982
Juris Doctorate: Michigan State University, cum laude, 1986
Admitted to Practice
Michigan - 1986 Colorado - 1991
Court Admittances: U.S. Courts of Appeals for the Sixth, Ninth and Tenth Circuits; U.S. District Courts for the Districts of Colorado, Arizona, Eastern and Western Michigan
Selected Colorado Super Lawyer
Selected Best Lawyers in America
Turnaround Management Association, Director
Colorado Faculty of Federal Advocates - Bankruptcy Subsection
American Bar Association
Colorado Bar Association
Denver Bar Association
American Bankruptcy Institute
- Complex commercial litigation.
- Financial restructuring and workouts.
- Chapter 11 Debtor reorganization.
- Single asset real estate and commercial lease matters.
- Small business Chapter 11 reorganization.
- Secured creditor and lender rights.
- Unsecured creditor rights.
- Debtor-in-possession financing and cash collateral.
- Consensual and contested plan confirmation and cram down issues.
- Foreclosure actions.
- Buying and selling assets in bankruptcy.
- Buyer/Seller protections, break-up fees, expense reimbursement, "lock-ups" and related bidding protections.
- Environmental and regulatory matters in the context of Chapter 11.
- Intellectual property and high-technology bankruptcy issues.
- Purchasing claims and related defensive or offensive reorganization strategy.
- Defending and prosecuting preference and fraudulent conveyance and other avoidance actions.
- UCC Article 9 issues.
- Avoiding and defending lender liability litigation.
- Assignments for the Benefit of Creditors.
- Relief from the Automatic Stay.
- Assumption or rejection of executory contracts and unexpired leases.
- Bankruptcy appeals.
- Post-judgment strategies.
Hill v. Akamai Technologies, Inc., 477 F.3d 1131 (10th Cir. 2007), successful Tenth Circuit oral argument and appeal.
Akamai Technologies, Inc., defense of significant alleged preference and fraudulent conveyance claims, alleged $60 million lender liability claim.
Centrix Financial, representation of Velocity Credit Union, Credit Union of Texas and Prime Financial Credit Union in all aspects of Chapter 11 reorganization and 363 sale of assets, renegotiation and restructuring of loan servicing agreements and related insurance contracts as part of multi-million dollar bankruptcy.
Republic Financial Corporation, representation of secured creditors in the purchase out of Chapter 11 bankruptcy through a joint plan of reorganization. One of the largest Colorado front-range quarries and a short-line railroad located in Parkdale, Colorado.
Unsecured Creditors Committee of the Chapter 11 debtor Antoine du Chez, an established day spa and salon; representation of official unsecured creditors' committee resulting in 100% payout to unsecured creditors.
Net Library, Inc., one of the world's largest distributors of e-books, representation of the company in Chapter 11.
Colorado Ocean Journey, aquarium located in Denver, Colorado, representation in Section 363 sale of on-going business out of Chapter 11 resulting in 100% payout to unsecured creditors.
Colorado Casino Resorts, Inc., a Colorado gaming company, representation of the company in Chapter 11.
USMX of Alaska, an operating gold mine in Alaska, representation of the company in Chapter 11.
1999 Broadway Partnership, Chapter 11 representation of the owner of a 43-story office building located in Denver Colorado, with approximately 640,000 net rentable square feet of office space.
Boulevard Plaza Associates, representation of owner of the Parkway Center in Denver Colorado, a mixed-use real estate complex consisting of commercial, retail and residential property in Chapter 11.
Mr. Burnett represents or has represented as creditors and secured creditors, the following companies and financial institutions:
Akamai Technologies, Inc.
Brigham Young University
Community Banks of Colorado
Credit Union of Texas
Fifth Third Bank
General Electric Capital Corporation
LaSalle Business Credit, Inc.
Qwest Communications, Inc
Republic Financial Corporation
Summit Bridge Credit Investments, LLC
Time Warner Telecommunications
Velocity Credit Union
Wells Fargo Bank
Williams International Co., LLC
Winthrop Management, LP
Author, co-author and speaker/presenter of numerous articles and course materials for continuing legal education publications and organizations, including:
Advising the Financially Troubled Non-Profit Company; SES CLE 2009.
Drafting and Enforcing Commercial Leases - Bankruptcy Implications; CLE, 2009.
United States Supreme Court Case Update, Hot Topics; ABI 11th Annual Rocky Mountain Bankruptcy Conference.
Impact of BAPCPA Upon Individual Chapter 11 Debtor Cases and Small Business Cases; Colorado Bar Association CLE, 2004.
Claim Objections and Other Claim Related Issues in Bankruptcy; Colorado Bar Association CLE, 2003.
Hot topics in Chapter 11s; National Business Institute, 2003.
Revised UCC Article 9 Secured Transactions: What Colorado Practitioners Need to Know; ABI 8th Annual Rocky Mountain Bankruptcy Conference.
Plans of Reorganization - What You Need to Know; ABI 7th Annual Rocky Mountain Bankruptcy Conference.
Intellectual Property Issues In High Tech Chapter 11 Cases; Workout and Bankruptcy Issues - A Commercial Case Study, CLE International.
A Creditor's Perspective in Colorado, Lorman Education Services, 2000 and 2002.
Sale of Assets in Bankruptcy, Buyer Protections and Bidding Incentives; National CLE Conference - Bankruptcy Law, Law Education Institute, Inc. 1998.
The Struggle for Ownership - The Absolute Priority Rule, Colorado CLE, 1998.
Valuation Issues in Bankruptcy, Colorado CLE, 1997-98.
Environmental Issues in Bankruptcy, Practicing Law Institute, Current Developments in Bankruptcy and Reorganization, 1991.
Alternative Remedies Available to Finally Distressed Debtors, University of Detroit School of Law; Institute of Continuing Legal Education Handbook, 1997 and 1990.
Treatment of Commercial Real Estate Leases in Bankruptcy, What's a Landlord to Do?, Commercial Law League of America, 1990.
Protecting the Right to Credit Bid When Property is Sold Under a Plan of Reorganization, 10th Annual Mid-Western Bankruptcy Institute, 1990.
Confirmation Standards, Great Lakes Bankruptcy Institute III, Chapter 11 Course Handbook, Revised and Reprinted in National Education Handbook of the 95th Annual Convention, Commercial Law League of America, 1989.