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)