John

Smiley

partner

303.454.0508

JOHN SMILEY

J. Smiley focuses his practice on the areas of bankruptcy law, receiverships, and related litigation.

 

He has assisted clients with all aspects of commercial bankruptcy cases, and has represented debtors, creditors, trustees, committees, and parties interested in acquiring assets from bankruptcy estates. He has been appointed by the US Department of Justice as a Chapter 7 Panel Trustee for the 19th District, Colorado and also by bankruptcy judges as a Chapter 11 trustee and examiner, and has represented receivers in state court proceedings. In addition, he has served as lead litigation counsel in bankruptcy court, federal district court, and state courts on a number of complex bankruptcy and related commercial litigation matters, including all phases of bankruptcy litigation and related commercial litigation.

 

AWARDS & RECOGNITION

• Best Lawyers in America- Denver Litigation- Bankruptcy "Lawyer of the Year" (2017)
• American College of Bankruptcy, Fellow
• Best Lawyers in America (2012-2018)
• Colorado Super Lawyers (2006–2017)

 

EXPERIENCE

• Represented receivers in a number of different actions commenced by the State Securities Commissioner arising out of a Ponzi scheme.
• Represented debtors in oil & gas Chapter 11 proceedings.
• Represented a Chapter 11 debtor in a real estate operating company reorganization, obtaining a confirmed plan.
• Represented an unsecured creditors committee and liquidation plan agent in multi-location c-store operation, obtaining confirmation of a joint plan.
• Represented the state court receiver in a Ponzi case, transitioned into Chapter 11 debtor and obtained confirmation of a liquidating plan through a post-confirmation trust.
• Represented a Chapter 7 trustee in a mass fraud bankruptcy involving criminal investigations of the debtor.
• Appointed as the Chapter 7 trustee in a promissory note Ponzi scheme case.
• Represented a Chapter 7 trustee in the sale of an airplane manufacturing facility.
• Appointed as the Chapter 7 trustee in a mass fraud title insurance case.
• Represented an unsecured creditors committee in a construction company reorganization.
• Represented a Chapter 11 manufacturing debtor in obtaining a confirmed plan.
• Represented numerous parties in appeals to the Tenth Circuit Court of Appeals, Tenth Circuit Bankruptcy Appellant Panel, District Court for the District of Colorado, and District Court for the District of Wyoming.
• Represented both buyers and sellers of assets from bankruptcy cases.
• Represented both plaintiffs and defendants in various bankruptcy discharge litigation.
• Represented Chapter 7 trustees in the prosecution of avoidance actions under sections 544, 547, 548, and 549 of the U.S. Bankruptcy Code.
• Regularly acts as a mediator in debtor/creditor and related disputes.
• Appointed as an examiner in two different bankruptcy cases.
• Appointed as a Region 19 Panel Chapter 7 Trustee.

 

ADMISSIONS

• Colorado
• Wyoming
• U.S. District Court, District of Colorado
• U.S. District Court, District of Wyoming
• U.S. Court of Appeals, Tenth Circuit

 

PROFESSIONAL & COMMUNITY

 

Certifications

• Certified Mediator

 

Memberships

• Colorado Faculty of Federal Advocates, Past Bankruptcy Representative
• United States Bankruptcy Court for the District of Colorado, Past Rules Committee Member
• Tenth Circuit Bankruptcy Appellate Panel, Past Rules Committee Member

Practice

 

Financial Restructuring & Bankruptcy

 

Education

 

University of Wyoming College of Law (J.D., 1986)

 

Colorado State University (B.S., 1983)