Previous PageJohn O'Brien Partner

John O'Brien practices in banking, agrifinance, commercial finance, commercial law, lender liability defense, agriculture law, agricultural transactions, receivership, creditors rights, and bankruptcy. He has a national agrifinance practice and has closed over $1,000,000,000 of financings on livestock production facilities (including cattle, dairy, hogs, buffalo, and sheep), public elevators, public warehouses, irrigated farms, dryland farms, ranches and other commercial enterprises. John represents national and regional financial institutions and issuers of domestic and international letters of credit securing commodity sales and transactions. He has visited more than 100 livestock production facilities in Texas, Oklahoma, Kansas, Nebraska, Colorado, Wyoming, Iowa and New Mexico. John has litigated, mediated or resolved lien priority disputes, commercial disputes and cattle frauds throughout the United States and has been lead counsel for the primary creditor in more than 100 receiverships in Kansas, Nebraska, Wyoming, Colorado, Iowa and Ohio. John is a long-time cattle feeder, and grows wheat and corn on his Colorado farms.

Representative Litigation

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Representative Reported Cases

  • In re Crooked Creek Corp.; Crooked Creek Corp. v. Primebank, 427 B.R. 500 (Bankr. N.D. IA. 2010)
  • In the Matter of Damrow Cattle Company, Inc.; Stumpf v. Double S. Land & Cattle Co., LLC and the First National Bank of Omaha, 2008 Bankr. LEXIS 1243; 65 U.C.C. Rep. Serv. 2d (Challaghan) 497
  • Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture, 415 F.3d 1078 (9th Cir. 2005)
  • In re Big Mac Marine; Needler v. Rendlen, 326 B.R. 150 (B.A.P. 8th Cir. 2005)
  • Commodity Futures Trading Commission v. Delay, 2005 U.S. Dist. LEXIS 25280
  • Big Mac Marine, Inc. v. Jensen, 305 B.R. 309 (D. Neb. 2004)
  • In the Matter of Damrow Cattle Co., Inc.; Skane, Inc. v. First National Bank of Omaha, 300 B.R. 479 (Bankr. D. Neb. 2003)
  • Cooperative Finance Association v. B&J Cattle Company, 937 P.2d 915 (Colo. App. 1997)
  • Spencer Investments, Inc. v. Bohn, 923 P.2d 140 (Colo. App. 1995)
  • In re Harris, 166 B.R. 163 (Bkrcy. D. Colo. 1994)
  • In re Kaiser Steel, 87 B.R. 662 (Bkrcy. D. Colo. 1988)
  • In re Clark, 82 B.R. 131 (Bkrcy. D. Colo. 1987)

Education

  • University of Notre Dame Law School (J.D., 1985)
    • Journal of Legislation
  • University of Vermont (B.A, Economics, with distinction; Political Science, cum laude, 1982)

Court Admissions

  • Supreme Court of Colorado
  • United States Supreme Court
  • United States District Court, District of Colorado
  • United States District Court, District of Nebraska
  • United States District Court, Northern District of Indiana
  • United States District Court, Northern District of Ohio
  • United States Court of Appeals, Eighth Circuit
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Appeals, Tenth Circuit

Professional Memberships & Activities

  • National Cattlemen Beef Association
  • National Western Stock Show Association
  • Thirteenth Judicial Circuit Bar Association
  • Colorado Bar Association
  • Colorado Bar Association Agriculture Section
  • American Bar Association

Representative Presentations & Publications

  • Revised Article 9: What Lenders Need to Know, Lorman Education Services (2005)
  • Revised Article 9 Secured Transactions: What Colorado Lenders and Practitioners Need to Know, National Business Institute (2005)
  • Revised Article 9 Filing and Perfection Rules: What the Lender Needs to Know, National Business Institute (2004)
  • Structuring the Commercial Loan: What the Lender Needs to Know, National Business Institute (2003)
  • Loan Documentation, Lorman Education Services (2003)
  • Current Issues in Lender Liability, Robert Morris Associates (1998)
  • Dealing Commodities in a Fluctuating Market: Observations from an Ag Lender's Attorney, Colorado Feed and Grain Association (1996)
  • Colorado's New Central Indexing System: Observations from a Bank Attorney, Colorado Secretary of State Lenders Training Seminar (1996)
  • Current Issues in Lender Liability, Bank Administration Institute (1989)
  • Manual for the Conduct of Boards of Directors in Inevitable Corporate Takeover Situations (1988)
  • Lender Liability Prevention and Cures, Colorado Bankers Association (1988)
  • Business Organizations, Law Seminar, Inc. (1987)
  • A Bank's Right to a Security Interest in Deposit Accounts, 2 Legalities No. 4, Co-Author (1987)
  • The Sale of Business Doctrine: Landreth Adds New Life to the Anti-Fraud Provisions of the Securities Acts, Co-Author, Vermont Law Review (1986)

Speaking Engagements

  • Numerous bank loan documentation training seminars to mid-level and senior level loan officers
  • Top 5 Traps–What Ag Lenders Need to Know, Agri-Access Lenders Conference, Des Moines, Iowa
  • Revised Article 9 Secured Transactions: What Colorado Lenders and Practitioners Needs to Know, National Business Institute Continuing Legal Education Program (2005)
  • Revised Article 9 Filing and Perfection Rules: What the Lender Needs to Know, National Business Institute Continuing Legal Education Program (2004)
  • Structuring the Commercial Loan: What the Lender Needs to Know, National Business Institute Continuing Legal Education Program (2003)
  • Loan Documentation, Lorman Education Services Continuing Legal Education Program (2003)
  • How to Incorporate UCC Article 9 Changes in Colorado Secured Transactions, National Business Institute Continuing Legal Education Program (2002)
  • Alternative Income Sources for Farmers and Ranchers, Colorado Livestock Association - 1999 Cattle College (1999)
  • Current Issues in Lender Liability, Robert Morris Associates (1998)
  • Dealing Commodities in a Fluctuating Market: Observations From an Ag Lender's Attorney, Colorado Field and Grain Association 1996 Annual Convention (1996)
  • Starting the Lawsuit, Law Seminar for Paralegals (1990)
  • Current Issues in Lender Liability, Bank Administration Institute (1989)
  • Fiduciary Duties of Boards of Directors in Inevitable Corporate Takeover Situations, Corporate Counsel Association of Minnesota (1988)
  • Lender Liability, Colorado Bankers Association (1988)
  • Business Organizations, Law Seminar for Paralegals (1987)

Professional Recognition & Awards

  • Outstanding Lawyers in America, Outstanding Lawyers of America Society (2002)

Community Involvement

  • O'Brien Land and Livestock Company, LLC, President
  • Silver Spur Club

Other Professional Experience

  • Kerr Brosseau Bartlett O'Brien, LLC, Member (1997-2010)
  • Moye, Giles, O'Keefe, Vermeir & Gorrell, Partner (1992-1996), Associate (1985-1991)