Brian Gaffney's practice is concentrated in bankruptcy, creditors' rights, workouts, and commercial litigation, as well as business and finance, structured finance, mergers and acquisitions, corporate formation and governance, and securities regulations. He has experience in all areas of bankruptcy, workouts, and commercial litigation representing national, regional, and local banks as well as international and national businesses and lenders. Brian has significant experience in negotiating and documenting workouts including loan modifications, forbearance agreements, deeds in lieu of foreclosure, and settlements. He also has significant experience in Chapter 11 and Chapter 7 bankruptcies including issues involving use of cash collateral, objections to schedules and statements, stay relief, disclosure statements, plan confirmation, dischargeability, and adversary proceedings. Brian's major matters also include commercial litigation in federal and state court representing and defending lenders and businesses.
Representative Matters
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- Lead attorney for lender in multi-party, two-week jury trial in state court to recover amounts owed
- Represented Official Unsecured Creditors Committee in bankruptcy of national homebuilder
- Represented litigation trust in connection with lawsuit to recover $100 million in funds from former shareholders, officers and directors
- Represented lender in receivership, foreclosure, and sale of multiple commercial properties in Colorado
- Represented lender in workout of $8.5 million franchise restaurant loan
- Represented creditor in workout and subsequent litigation and bankruptcy of $21 million franchise restaurant debt
- Represented creditor in bankruptcy of one of Colorado's largest homebuilders
- Represented creditor in bankruptcy of national real estate developer
- Represented franchisor in multi-million dollar lawsuit with former franchisee
- Represented lender in receivership and bankruptcy of Colorado real estate developer
- Represented franchisor in litigation of contract dispute with former franchisees
- Represented shareholder in dispute with private equity fund
- Represented lender in connection with litigation and collection of loan
- Represented private equity firm in bankruptcy and non-dischargeability litigation of borrowers
- Represented California winery in liquor licensing and permitting
- Represented national drug company in litigation against customer in Wyoming
- Represented environmental services company in connection with large bankruptcy
- Represented regional bank in litigation and collection matters
Education
- The University of Texas School of Law (J.D., with honors, 2007)
- Stanford University (M.A., Political Sociology, 2004)
- Stanford University (B.A., Political Science, with honors, 2003)
- Member, Cardinal Life (2001-2004)
- Lettered in Football (2000-2003)
Court Admissions
- Supreme Court of Colorado
- United States District Court, District of Colorado
Professional Memberships & Activities
- State Bar of Colorado
Representative Presentations & Publications
- Admission-based events policy in city parks: one year later, Co-Author, Colorado Real Estate Journal (January 4, 2012)
- Distressed Residential Real Estate Projects, Speaker, Colorado Bar Association
- A Divided Duty: The EPA's Dilemma Under the Endangered Species Act and the Clean Water Act Concerning the National Pollution Discharge Elimination System, The Review of Litigation, Student Note, 26 Rev. Litig. 487 (2007)
Community Involvement
- Impact Denver 2010
- Rocky Mountain Stanford Alumni Association
- Member (2007-present)
- Board of Directors
- Co-Chair of the Young Alumni Chair (2007-2008)
- Habitat for Humanity, Volunteer (2005)
- Capital Area Food Bank, Volunteer (2005)
- Read Across America, Storyteller (2002-2003)
- East Palo Alto Boys and Girls Club, Tutor and Mentor (2001-2003)
Other Professional Experience
- Supreme Court of Texas, Intern to Justice Scott A. Brister (Summer 2005)
