James T. Markus is a co-founder and member of Markus Williams Young & Hunsicker LLC, and is certified by the American Board of Certification as a Business Bankruptcy Specialist and a Director of the American College of Bankruptcy Fellows. Jim specializes in the representation of secured creditors, lessors, asset purchasers, official committees, debtors and trustees in commercial transactions, distressed debt transactions, workouts, restructurings, and chapter 11 bankruptcy proceedings.

In re American Eagle Energy – Co-counsel to secured noteholders owed in excess of $175,000,000 in chapter 11 proceedings of a Baken Field energy producer

In re United States Bentonite  – represented collateral agent and bondholders owed in excess of $40,000,000 in chapter 11 proceeding of a Wyoming based bentonite producer

In re Fresh Produce – represented senior secured creditor in chapter 11 proceedings of a regional women’s clothing boutique

In re Coupounas – represented outdoor specialty retailer “GoLite” in chapter 11 proceedings

In re Geneva Steel Company and related cases – Chapter 11 trustee administered over $200,000,000 in complex liquidating chapter 11 proceeding. Successfully prosecuted related litigation matters recovering over $20,000,000

In re United Producers, Inc. – represented prepetition lender, DIP lender and exit finance lender owed in excess of $80,000,000 in successful reorganization

In re Johnson Dairy – represented prepetition lender owed in excess of $50,000,000

In re Schwinn Bicycle Company – represented the debtor in sale involving over $151,000,000 and confirmed plan of liquidation

In re Future Beef Operations – represented prepetition secured lender and DIP lender owed $160,000,000

In re Convergent Communications, Inc.In re Western Pacific Airlines, Inc.; In re Recycling Industries, Inc.; In re NetLibraries, Inc. – represented the unsecured creditors’ committee in each case

In re Ocean Journey, Inc. – counsel for the bond holders’ committee in bankruptcy sale of Denver aquarium

In re Energy Fuels, Ltd. and In re Nuexco Trading Corporation – counsel for 363 purchasers of domestic and international uranium assets

In re America West Airlines, Inc.; In re Braniff Airlines, Inc.In re Midway Airlines, Inc. – counsel for major trade creditors

In re Cray Computer – represented prepetition lender owed in excess of $30,000,000

Represented FDIC as secured creditor in numerous bankruptcy proceedings

Represented a private equity fund in prevailing in a multimillion dollar, multi asset fraudulent transfer litigation in state and bankruptcy court resulting in a 100% recovery

Represented a private investment fund in prevailing in a multi-state, multi project fraudulent transfer litigation involving dozens of partnerships and limited liability companies

Represented audit committee and board of a public company in connection with an accounting fraud investigation and in connection with the restructuring of its debts

Represented liquidating trustee in director and officer liability litigation resulting in recovery of more than $8,000,000

Represented local, regional and national secured creditors in dozens of foreclosures and receiverships including condominium projects, mountain resorts, timeshares, hotels, office buildings, health clubs, apartments, ice arenas, car dealerships, development projects, strip malls, mixed use properties and other matters

Represented private equity funds in connection with acquisitions of distressed companies, utilizing UCC sales, state court receiverships, and bankruptcy 363 sales

Oil and Gas: The Fractured State of the Industry – Opportunities; 34th Annual National CLE, January 2017

Shark Tank – “The Absolute Priority Rule Should Not Apply to Individual Debtors” and “To Till or Not To Till”, American Bankruptcy Institute Winter Leadership Conference, December 2016

Bankruptcy for Bank Attorneys; Colorado Bar Association, October 2016

Contributing Editor, American Bankruptcy Institute Journal

Contributing Editor, Healthcare Insolvencies treatise, American Bankruptcy Institute

Contributing Editor, The Executive’s Guide to Remedies treatise, Equipment Leasing Association of America

ABI Commission To Study The Reform Of chapter 11: Recommendations To Modernize And Improve chapter 11 For Small And Middle-Market Companies; American Bankruptcy Institute Journal, March 2015

What Do Clients Really Want; American Bankruptcy Institute Annual Spring Meeting, April 2015

The Ups and Downs of the Oil and Gas Industry, Turnaround Management Association, April 2015

Gazing Into The Crystal Ball: What Areas Should Bankruptcy Professionals Be Looking Toward For Business, 33rd Annual National CLE Conference, January 2015

Making Reorganization Work For Small Businesses and High Net Worth Individuals, 33rd Annual National CLE Conference, January 2015

Still More Questions Than Answers: Unresolved and Problem Issues in Individual chapter 11 Cases, National Conference of Bankruptcy Judges, October 2014

Individual chapter 11 Cases, American Bankruptcy Institute Conference, August, 2014

chapter 11 Update, Colorado Bar Association, August, 2014

Individual chapter 11 Cases: Questions and More Questions, Wyoming Bar Association, April, 2014

chapter 11 Plan Confirmation – Cram- Down, Competing Plans, New Value,31st Annual National CLE Conference, January, 2014

Moderator: A View From The Bench, Turnaround Management Association, May 2013

The Do’s and Don’t’s of Effective Oral and Written Advocacy, American Bankruptcy Institute Annual Spring Meeting April 2012

Individual chapter 11 Cases, National Conference of Bankruptcy Judges, October 2011

Moderator of the Great Debates, American Bankruptcy Institute Annual Spring Meeting, April 2011

Single Asset Real Estate Bankruptcy Cases, 29th Annual National CLE Conference, January 2011

Moderator of the Great Debates, American Bankruptcy Institute Winter Leadership Conference, December 2010

Hot Topics In Real Estate Issues, Midwestern Bankruptcy Institute, October, 2010

Dealing with the FDIC and Special Servicers, American Bankruptcy Institute Southwestern Bankruptcy Conference, September, 2010

Recent Developments in Asset Sales, Hawaii Bankruptcy Workshop, August, 2010

Moderator of the Great Debates, American Bankruptcy Institute Annual Spring Meeting, May 2010

Real World Business Bankruptcy Sales: From Beginning to Close, American Bar Association Spring Meeting, April 2010

Liquidating  chapter 11s, Legal Education Institute, National CLE Conference, January 2010

Moderator of the Great Debates, American Bankruptcy Institute Winter Leadership Conference, December 2009

Moderator of the Great Debates, American Bankruptcy Institute Annual Spring Meeting, April 2009

How to Thrive in a Restructuring Economy: Creating Value for Your Company and Investors, Association For Corporate Growth, April 2009

Alternatives to Bankruptcy, Receiverships, ABC’s, Friendly Foreclosures and Other Ways to Maximum Value, Legal Education Institute, National CLE Conference, January 2009

Moderator of the Great Debates, American Bankruptcy Institute Winter Leadership Conference, December 2008

Moderator of the Great Debates, American Bankruptcy Institute Annual Spring Meeting, April 2008

Individual Cases Under chapter 11 of the Bankruptcy Code-  Fitting Square Pegs into Round Holes, Legal Education Institute, National CLE Conference, January 2008

Individual Cases Under chapter 11 of the Bankruptcy Code, American Bankruptcy Institute Winter Leadership Conference, December 2007

Individual chapter 11 Cases – Best of the Best, American Bankruptcy Institute, April 2007

Individual chapter 11 Cases, American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 2007

Professional Fees After Lemay, American Bankruptcy Institute Winter Leadership Conference, December 2005

PACA and PSA Trusts Traps for the Unwary, Journal of Corporate Renewal, October 2005

Status of Corporate Counsel following the Appointment of a chapter 11 Trustee, American Bankruptcy Institute Annual Spring Meeting, April 2005

Treatment of Executory Contracts Pursuant to §365(b)(2)(D), American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 2005

Embedded Software and Other Intellectual Property Issues in Bankruptcy, Equipment Leasing Association Legal Forum, May 2004

Dirt For Debt Techniques to Reconstruct Distressed Real Estate, American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 2004

Asset Sales in Bankruptcy, Colorado Bar Association, September 2003

Vari-L Company – A Discussion of a Successful Post-Fraud Turnaround, Turnaround Management Association, April 2003

Anatomy of an Effective Asset Sale – Schwinn Bicycle’s Bankruptcy, Turnaround Management Association, November 2001

Moderator, Luncheon Debates, American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 2001

Advanced chapter 11 Workshop, American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 2000

Post-Petition Enforcement of Pre-Petition Contractual Provisions in Bankruptcy Cases, American Bankruptcy Institute Financing Banking Committee, April 1999

Asset Sales in Bankruptcy, American Bankruptcy Institute Rocky Mountain Bankruptcy Conference, February 1999

Anti-Discrimination Provisions of 11 U.S.C. § 525 – Do They Have Any Real Meaning?, American Bankruptcy Institute Healthcare Committee, April 1998

Chair (2014-2015), Immediate Past President (2013); President (2012-2013), and, Vice President of Education (2008-2011); Director; Member, Management and Executive Committees, American Bankruptcy Institute

Director (2015 – ), Rocky Mountain Children’s Law Center (2014- )

Former Director, President, and Chairman, American Board of Certification

Former Member, Illinois Secretary of State Corporate Act Advisory Committee

Founding Board Member; Former Chapter President, Rocky Mountain Chapter, Turnaround Management Association

University of Michigan Law School, J.D., 1988

University of Wisconsin-Madison, B.S.E., 1985
(Chemical Engineering)

Rothgerber, Appel, Powers & Johnson (Associate) – Denver, CO

Holleb & Coff (Associate) – Chicago, IL

Keck, Mahin & Cate (Associate) – Chicago, IL

areas of concentration

Bankruptcy and Restructuring

Creditors’ Rights

Foreclosure

Distressed Investments

Fiduciary Litigation

Commercial Litigation

Oil and Gas Lending and Workout

Awards and Recognition

Super Lawyers Illinois Rising Star, Business Bankruptcy (2016)

admitted

Tenth Circuit Court of Appeals

Seventh Circuit Court of Appeals

U.S. District Court, Colorado

U.S. District Court, Northern District of Illinois

Colorado

Illinois (inactive)

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