PeopleDavid E. Leta

David E. Leta

PeopleDavid E. Leta

  • University of Utah College of Law (aka S.J. Quinney College of Law) (J.D., 1976)
    • Editorial Board, Law Review
    • Order of the Coif
    • Phi Beta Kappa
  • State University of New York at Binghamton, Harpur College (B.A., highest honors, 1973)

  • American College of Bankruptcy, Fellow (2003-present)
    • Director, American College of Bankruptcy Foundation
    • Member, Pro Bono Committee of the Foundation
    • Member, Senior Fellows Committee
  • American Bankruptcy Institute
    • Rocky Mountain Bankruptcy Conference
      • Advisory Board (2008-2015)
      • Chair (2004-2008)
  • American Bar Association
  • Litigation Counsel of America, Fellow (2014-present)
  • Salt Lake Chamber of Commerce, Leader Utah Program Member (2018)
  • State Bar of Utah
    • Fund for Client Protection Committee
    • Bankruptcy Section, Organizer and First Chairman
    • Bar Exam Grader – UCC questions
    • Utah Licensed Paralegal Practitioners - Examination and Testing Standards Committee for Debtor-Creditor specialization
    • New Lawyer Mentor Program, Mentor
  • Utah Bankruptcy Lawyers Forum, Organizer and Initial Trustee
  • University of Utah College of Law, Adjunct Professor of Commercial Law (1978-1982, 2012-2017)
  • University of Miskolc Law Department, Visiting Professor, Miskolc, Hungary (Fall 2006)

Publications

  • "Strategic Alternatives For and Against Distressed Businesses," Chapter Author, Thomson West (2016, 2018 ed.)
  • Reporter and author, two chapters of Strategic Alternatives for and Against Distressed Businesses, Friedland, Hammeke, Vandesteeg, Thomson Reuters, 2019 Edition -- Chapter 36, Vol. I, on Utah Assignments for the Benefit of Creditors, and Chapter 71, Vol. II, on Utah Receiverships. 
  • Trigild, 2009 Deskbook, Guide to Receivership & Foreclosure, Author of Chapter on Utah.
  • "Inside the Minds™, Chapter 7 Commercial Bankruptcy Strategies," Chapter Author, Practical Guidelines for Efficient Chapter 7 Filings, Thomson Reuters/Aspatore (2010 ed.)  
  • Articles Published

  • "UCRERA: Coming to Your State?" Author, Receivership News - A Publication of the California Receivers Forum (Summer/Fall 2017)
  • "Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act," Author, Utah Bar Journal (Volume 30 Number 4 July/August 2017)
  • "UCRERA: Coming to Your State?" Author, American Bankruptcy Institute Journal, Vol. XXXVI, No. 7, at page 28. (July 2017)
  • "Stern v. Marshall Changes the Landscape of Bankruptcy Court Jurisdiction," Utah Bar Journal, Vol. 26, No. 2, p. 34 (March/April 2013)
  • "Do the Ends Justify the Means Test," ABI Law Journal (2008)
  • "Circuit Notes," American Bar Association, 10th Circuit Editor (2008)
  • "Checklist for Small Business Cases Under Chapter 11," Utah Bar Journal (2007)
  • "Valuing Intangibles," Utah Bar Journal (February 2005)
  • "Highlights of the Bankruptcy Reform Act of 2004," Utah Bar Journal (2004)
  • "My Evolution from Paper-pusher to Key-clicker," Author, Utah Bar Journal (June/July 2004)
  • "Rebirth of Article 9," Author, Utah Bar Journal (November 2000)   Speeches & Panel Participations
  • "Not Just a New Tool, But a New Toolbox: Utah's New Statute on Commercial Real Estate Receiverships," Panelist, Utah State Bar Summer Convention, Sun Valley, Idaho (July 27, 2018)
  • "Effective Motion Practice: Pointers, Checklists, Templates, Best Practices and More" Panelist, Rocky Mountain Bankruptcy Conference (January 25, 2018)
  • "Proposed Rule Changes to the Federal Rules of Bankruptcy Procedure to Address Stern v. Marshall Jurisdictional Issues," Presenter, Utah State Bar Annual Convention, Snowmass, Colorado (July 2013)
  • "Stern v. Marshall Panel Discussion re Jurisdictional Issues," Presenter/Moderator, ABA 2012 Rocky Mountain Bankruptcy Conference (January 2013)
  • "Stern v Marshall One Year After: What About Bankruptcy Court Jurisdiction," Utah State Bar Annual Meeting, Sun Valley, Idaho (July 18-21, 2012)
  • "New Bankruptcy Rules Effective December 1, 2011," Snell & Wilmer, Webcast Presentation to GE Capital (November 15, 2011)
  • "So You Have a Judgment, Now What? Bankruptcy and Judgment Enforcement in Utah," Lorman Education Services, Advanced Judgment Enforcement in Utah, Salt Lake City, Utah (November 11, 2011)
  • "Uniform Commercial Code Articles 2A Leases," Snell & Wilmer, Presentation to GE Capital, Equipment Finance, Cedar Rapids, Iowa (September 20, 2011)
  • "The Good, The Bad and the Ugly, 10th Circuit Bankruptcy Judges Poll," American Bankruptcy Institute, Rocky Mountain Bankruptcy Conference, Denver, Colorado (January 27-28, 2011)
  • "Mergers and Acquisitions After the Financial Crisis," Snell & Wilmer, Corporate Counsel Forum, Newport Beach, California (October 8, 2010)
  • "SARE's and SPE's in Bankruptcy," Utah State Bar, Banking & Finance Annual Meeting, Salt Lake City, Utah (April 13, 2010)
  • "D&O Liability: Navigating the Regulatory Landscape," Snell & Wilmer, Presentation to Banks and Credit Unions (April 2010)
  • "Staying Out of the Water-Works and Structured Deals," Lorman Education Services, Navigating Bankruptcy in Troubled Times: Options for Creditors and Debtors, Salt Lake City, Utah (December 11, 2009)
  • "Remedies Under Article 9 of the UCC, Deeds in Lieu of Foreclosure, Forbearance Agreements, Secured Liens and Lender Risks, Receiverships, Deficiency Judgments and Pursuit of Guarantors," National Business Institute, Negotiating Real Estate Loan Terms and Workout Options, Salt Lake City, Utah (February 5, 2009)
  • "So You Have a Judgment, Now What? Bankruptcy and Judgment Enforcement in Utah," Lorman Education Services, Judgment Enforcement, Salt Lake City, Utah (November 2, 2008)
  • "Executory Contracts and the Application of 11 U.S.C. § 365," Snell & Wilmer, Bankruptcy Practice Group Meeting (March 6, 2008)
  • "An Overview of Defaults and Remedies in Lending Transactions," Utah State Bar, Mid-Year Meeting, St. George, Utah (February 7, 2008)
  • "Mechanics Liens, Fraudulent Transfers, Preferences and Pre-Bankruptcy Documentation; Executory Contracts and the Application of 11 U.S.C. §365 with Drafting Suggestions," Lorman Education Services, Bankruptcy, A Creditor's Perspective in Utah, Salt Lake City, Utah (December 16, 2006)
  • "Business and Individual Bankruptcy Proceedings in the United States of America," Center for International Legal Studies, Lecture Series, University of Miskolc, Hungary (October 1-30, 2006)
  • "Implications of New Bankruptcy Act on Business Bankruptcies," Snell & Wilmer Presentation to GE Capital Franchise Finance Corporation (May 19, 2006)
  • "Nondischargeable Restitution Obligations-Collection Hammer for Creditor Victims," Idaho State Bar, 24th Annual Commercial Law & Bankruptcy Seminar, Coeur d'Alene, Idaho (February 16-18, 2006)
  • "Battle of the Codes; The Bankruptcy Bully vs. the Tax Tyrant (Tax Liens, 505b Determinations, Sovereign Immunity & New Disclosures)," American Bankruptcy Institute, Rocky Mountain Bankruptcy Conference, Denver, Colorado (January 26-29, 2006)
  • Utah State Bar, Ethics Advisory Committee, Presentation to the Utah Supreme Court Rules Committee re Opinion No. 05-03; Salt Lake City, Utah (January 23, 2006)
  • "Pre-Petition Sanctions, Contempt (Civil/Criminal), Penalties and Punitive Damages: Allowability and Enforceability," American Bankruptcy Institute, Winter Leadership Conference, Palm Springs, California (December 1-3, 2005)
  • "Overview of Major Changes in Chapter 7; Other Changes Affecting Particular Creditors or Industries," National Business Institute, Aligning Your Practice With the Bankruptcy Abuser Prevention Act of 2005, Salt Lake City, Utah (October 14, 2005)
  • "So You Have a Judgment, Now What? Bankruptcy Enforcement in Utah-Recent Rule and Code Changes," Lorman Education Services, Judgment Enforcement in Utah, Salt Lake City, Utah (July 8, 2005)
  • "Implications of New Bankruptcy Act on Business Bankruptcies," Snell & Wilmer presentation to GE Commercial Finance, Scottsdale, Arizona (May 19, 2005)
  • "A Bankruptcy Lawyer's Take on Asset Protection," Utah State Bar, Estate Planning Section Lunch Meeting, Salt Lake City, Utah (May 10, 2005)
  • "Valuing Intangibles," Valcon, Legal and Financial Perspectives on Business Valuations and Restructuring, Las Vegas, Nevada (March 3-4, 2005)
  • "Are There Universal Standards, or Do the Ends Define the Rules?," American Bankruptcy Institute, Rocky Mountain Bankruptcy Conference, Denver, Colorado (February 10-12, 2005)
  • "Bankruptcy: a Creditor's Perspective in Utah, Mechanics Liens, Fraudulent Transfers, Preferences and Pre-Bankruptcy Documentation; Executory Contracts and the Application of 11 U.S.C. § 365 with Drafting Suggestions," Lorman Education Services (December 16, 2004)
  • "Homeland Security-Keeping the Bankruptcy Barbarians Off Your Assets," Snell & Wilmer Presentation to GE Commercial Finance, Bellevue, Washington (November 17, 2004)
  • "So You Have a Judgment, Now What? Bankruptcy and Judgment Enforcement in Utah," Lorman Education Services, Advanced Judgment Enforcement in Utah, Salt Lake City, Utah (November 11, 2004)
  • "Daubert v. Merrill Dow Pharmaceuticals, Inc. and Till v. SCS Credit Corporation and its Possible Application to Chapter 11 Cram Down Interest Rates," Utah Bankruptcy Lawyers' Forum, Autumn 2004 Forum, Salt Lake City, Utah (September 21, 2004)
  • "Liens and Credit Issues in Bankruptcy," National Business Institute, An Advanced Look at Utah Real Estate Law, Salt Lake City, Utah (September 1, 2004)
  • "Dischargeability, Reaffirmation, Abandonment, Setoff and Use of Assets," Lorman Education Services, Protecting and Collecting Assets in Bankruptcy in Utah, Salt Lake City, Utah (August 18, 2004)
  • "Executory Contracts," Snell & Wilmer, Practice Group Training Program, Salt Lake City, Utah (April 28, 2004)
  • "Treatment of Secured Claims in U.S. Bankruptcy Cases," Center for International Legal Studies, Secured Transactions and Insolvency (January 11-17, 2004)
  • "So You Have a Judgment, Now What? Bankruptcy and Judgment Enforcement in Utah," Lorman Education Services, Advanced Judgment Enforcement in Utah, Salt Lake City, Utah (November 11, 2003)
  • "Recent Developments: Sections 523(a)(2), (4) and (6)," Utah Bankruptcy Lawyers' Forum, Autumn 2003 Forum, Salt Lake City, Utah (September 16, 2003)
  • "Dischargeability, Reaffirmation, Abandonment, Setoff and Use of Assets," Lorman Education Services, Protecting and Collecting Assets in Bankruptcy in Utah, Salt Lake City, Utah (August 19, 2003)
  • "Electronic Banking and Commerce; Ethical Issues," National Business Institute, Challenges in Utah Commercial Lending Practices, Salt Lake City, Utah (July 27, 2003)
  • "Treatment of Successor Liability in Connection with Sales Under Section 1123(a)(5)(d) and 1141(c) of the Bankruptcy Code, and Under Section 363," American Bankruptcy Institute, Rocky Mountain Bankruptcy Conference
  • "So You Have a Judgment, Now What? Bankruptcy and Judgment Enforcement in Utah," Park City Bar Association, Brownbag CLE, Park City (Utah, May 1, 2003)
  • "Protecting the Creditor's Position," National Business Institute, Fundamentals of Bankruptcy Law & Procedure in Utah, Salt Lake City, Utah (December 11, 2002)
  • "Bankruptcy: A Creditor's Perspective in Utah, Executory Contracts and the Application of § 365 With Drafting Suggestions and Mechanics Liens, Fraudulent Transfers, Preferences and Pre-Bankruptcy Documentation," Lorman Education Services, Salt Lake City, Utah (October 10, 2002)
  • "So You Have a Judgment, Now What? Bankruptcy and Judgment Enforcement in Utah," Utah State Bar, Annual Convention, Sun Valley, Idaho (June 29, 2002)
  • Snell & Wilmer Presentation to GE Capital Business Asset Funding, Bellevue, Washington (October 29, 2001)
  • "OK Corral," NITA Trial Preparation Program, Phoenix, Arizona (October 24-25, 2001)
  • "Bankruptcy: A Creditor's Perspective in Utah, Mechanics Liens, Fraudulent Transfers, Preferences and Pre-Bankruptcy Documentation," Lorman Education Services, Salt Lake City, Utah (October 11, 2001)
  • "Training on the New Revised Article 9," Snell & Wilmer presentation to Bank of Utah (June 7, 2001)
  • "The Bankruptcy Court and Ethics," National Business Institute, Basic Bankruptcy Litigation, Salt Lake City, Utah (December 14, 2000)
  • Robert Morris Association Luncheon of Northern Utah Chapter, Banker's Association, Ogden, Utah (November 15, 2000)
  • "Enforcement of Judgments in Utah and Ethical Considerations, Enforcement and Collection of Judgments in Utah," National Business Institute, Salt Lake City, Utah (July 29, 1999)
  • "The New (and Improved?) Bankruptcy Code and Rules-Highlights of Proposed Changes," Utah State Bar, Annual Meeting, Sun Valley, Idaho (June 30-July 3, 1999)
  • "Intersection Between Domestic and Bankruptcy Law, Discharge and Dischargeability of Domestic Relations Debts," Utah Bankruptcy Lawyers' Forum and Family Law Section of the Utah State Bar, Salt Lake City, Utah (June 8, 1999)
  • "Executory Contracts and the Application of the Bankruptcy Code to Nonresidential Real Property Leases," Snell & Wilmer presentation to American Stores Properties and Jewell Food Stores Property Management Staff, Chicago, Illinois (August 7, 1998)
  • "Executory Contracts and the Application of the Bankruptcy Code to Nonresidential Real Property Leases," Snell & Wilmer presentation to In-House Legal Staff of American Stores Properties, Inc. and American Stores Company, Salt Lake City, Utah (May 28, 1998)
  • "Loan Documentation," Snell & Wilmer presentation to Bank of Utah Loan Officers (April 15, 1998)
  • "Fundamentals of Bankruptcy Law and Procedure in Utah," National Business Institute, Salt Lake City, Utah (October 21, 1997)
  • "Bankruptcy Issues," Snell & Wilmer presentation to Bank of Utah Branch Managers and Officers (August 13, 1997)
  • "The Impact of Bankruptcy on Dissolution of Marriage in Utah," National Business Institute (June 24, 1997)
  • "Intellectual Property Rights and Bankruptcy," Lorman Education Services, Judgment Enforcement Seminar, Salt Lake City, Utah (April 29, 1997)
  • "Issues and Considerations in the Creation and Use of 'Bankruptcy Remote' or 'Special Purpose Entities' for Asset Based Lending," Utah State Bar, Real Estate Section Meeting, Salt Lake City, Utah (October 24, 1996)
  • "Fundamentals of Bankruptcy Law and Procedures in Utah," National Business Institute, Salt Lake City, Utah (September 26, 1996)

  • The Best Lawyers in America®, Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law, Bankruptcy Litigation (1995-present)
  • Utah's Legal Elite: Bankruptcy/Workout, Utah Business Magazine (2005-2006, 2009-present)
  • Mountain States Super Lawyers, Bankruptcy (2007-2019)
    • Top 10 (2014)
    • Top 25 (2012)
    • Top 100 (2012, 2015, 2016, 2018)
  • National Academy for Bankruptcy Attorneys (NAFBA) - America's Top 10 Attorney Award - Utah (2014)
  • Top 100 Litigation Lawyers in the State of Utah, American Society of Legal Advocates (2013, 2016)
  • Top 100 Attorneys in the Mountain States, Salt Lake City Magazine (2013)
    • Top 25 Attorneys in Salt Lake City (2013)
  • Lawdragon Top 3000 Leading Lawyers in America (2010-2011)
  • Super Lawyers®, Bankruptcy - Business Edition (2011)
  • Super Lawyers®, Bankruptcy - Corporate Counsel Edition (2009-2010)
  • Utah 100 Elite, Utah Business magazine (2004-2006)
  • Who's Who Legal USA (2006); Insolvency and Restructuring (2014)

  • Fourth Street Clinic, Board Member, Vice-President elect
    • Co-Chair, Advancement Committee
    • Member, Corporate Council Committee
  • American Bankruptcy Institute's Rocky Mountain Bankruptcy Conference, Advisory Board, Ex-Officio Member
  • S.J. Quinney College of Law
    • Board of Trustees
      • Former President
      • Member, Fundraising Committee
      • Executive Committee Member
  • Utah Dispute Resolution, Board Member (2014-2019)
  • Trout Unlimited, Stonefly Society (Salt Lake County affiliate)
    • Board member
    • Youth programs coordinator

  • Utah

  • Supreme Court of Utah
  • United States Supreme Court
  • United States District Court, District of Utah
  • United States District Court, District of Colorado
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Appeals, Tenth Circuit
  • United States Tax Court