Lucas L. Schneider

Experience

Managed, litigated, and closed two 363 purchases of real estate interests for development of utilities in a Colorado Chapter 11 bankruptcy, coordinating with co-counsel for a third strategic acquisition from the estate.

Litigated and resolved a multimillion dollar alleged tort claim for a favorable resolution, through a 363 purchase of claims, from a Chapter 7 bankruptcy.

Litigated and obtained a valuable garnishment judgment, expanding the Wisconsin statutory application of garnishable assets, obtaining ongoing judgment debt relief for a real estate investment client.

Litigated and obtained a $6.8 million dollar judgment, $22,000 in cash, valuable releases, and five-figures of value of replevined, contested inventory in a Colorado hemp receivership.

Resolved a contested cure dispute on behalf of a utility creditor in the SDTX bankruptcy court, obtaining $1.5 million dollars in cash, negotiating to close three years of future business with the debtors backstopped by an additional $1 million dollar cure upon any default.

Successfully defended a $1.5 million fraudulent transfer and preference lawsuit in New Jersey bankruptcy court.

Resolved and returned more than $50 million to clients in workouts in 2022.

Independently tried an objection to the plan in In re Windstream Holdings, Inc., et al., Case No. 19-22312, arguing the plan was not feasible due to the debtors' lack of reserving for cure claims with critical vendors. Ultimately resolved the cure, administrative claims, and practical considerations with an eight-figure settlement.

Litigated and resolved, through two distinct settlements with a national brick and mortar retailer and its 363 purchaser, cure and administrative claims valued at seven-figures, strategically collaborating with the client's business personnel to leverage the resolution.

Lucas successfully litigated and negotiated a seven-figure cure payment on behalf of a utility in a telecom bankruptcy in the SDNY.

He obtained dismissal of an insurance client on claims of the client receiving fraudulent transfers.

He managed litigation with outside counsel on a $500,000 mechanic’s lien case involving technical space in California.

He managed and litigated a multimillion dollar creditor claim related to extensive equipment installed in a hotel/casino, obtaining contempt findings against the opposition and a writ to marshals to assist in retrieval.

He has investigated, negotiated and resolved pre-suit matters regarding issues such as restoration of technical space, a long-haul fiber hut erroneously sold at a property tax sale, and franchise fee disputes.

He represented a Colorado power supply seller in a suit against a Georgia-based purchaser. After defeating the purchaser in motion practice in Colorado, he obtained a Rule 37 judgment for over $200,000, domesticated the same in Georgia with co-counsel, and garnished over half of the judgment value.

Lucas represented a Wisconsin-based private creditor in a work-out with a Colorado-based real estate developer; he was responsible for initially extending the applicable note and deed of trust while overseeing the satisfaction of a subordinated carryback loan, followed by advising on and preparing a forbearance agreement after the note matured without full payment.

Represented a first lien secured lender in a Utah bankruptcy, obtaining super priority administrative claim status, ultimately recovering, foreclosing and liquidating generally all located tangible collateral and intellectual property, retroactively renegotiating for added collateral, foreclosing and selling the same at trustee's sale, followed by obtaining a dismissal of one adversary proceeding claim then leveraged for a beneficial settlement.

Negotiated to file a comprehensive proof of claim for multiple insurer/client subrogation claims valued at seven-figures that was filed in a rental car company mega bankruptcy case, leveraging the same for both a favorable assumption of an integral executory contract and exclusion of the underlying subrogation claims from the allowance/disallowance process.

News

Speaking Engagements

"Vendor and Borrower Workouts: Resolving Claims and Resuming the Relationship", ACC Colorado, October 2022  

"Lifecycle of a Loan," Independent Bankers of Colorado Lender Summit, June 16, 2022

"Customers with Questionable Credit? Strategies & Tips to Mitigate Insolvency Risk," Colorado Association of Corporate Counsel Webinar, October 12, 2021

"Today for Tomorrow: Proactive Risk Mitigating Steps for Lenders," Independent Bankers of Colorado Annual Conference, September 16, 2021

Judge/Court Commissioner Panel, Host, Robert J. Parins Inns of Court, February 13, 2014

Publications

"Curing What Actually Ails You," ABI Journal, November, 2023

"Automatic Stay," ABI Journal, September 28, 2022  

"Today For Tomorrow – Proactive, Risk Mitigating Steps For Lenders," Colorado Banker Magazine, Pub. 10 2020-2021 Issue 6, April 2021

"When Insurance Meets Bankruptcy," ABI Journal, January 2021

Research assistant to Prof. Ralph C. Anzivino, for "The Disappointed Expectations Test and the Economic Loss Doctrine," 92 Marq. L. Rev. 749, 2009