Peter A. Cal

Member

Denver, Colorado

Phone: 303.299.8244

Fax: 303.298.0940

pcal@shermanhoward.com

Education

  • Juris Doctor, Fordham University School of Law, 1987
    • Fordham University Law Review
  • Bachelor of Arts, cum laude, Duke University, 1982

Peter Cal is a member in Sherman & Howard’s Trial and Litigation group. He has represented clients in complex commercial disputes for more than 25 years. Peter focuses on all aspects of bankruptcy and insolvency matters including workouts, restructurings, bankruptcy court litigation, as well as financial and real estate litigation in state and federal courts. Peter regularly represents secured and unsecured creditors and chapter 7 trustees.

Experience

  • Represented Colorado municipality in developer’s bankruptcy case involving sale of assets pursuant to Section 363 of the Bankruptcy Code. Assets sold included more than 20,000 acres that had been annexed into City. Successfully protected City’s rights under Annexation Agreement, related agreements and applicable local law.
  • Represented foreign representative in first Chapter 15 cross-border insolvency case filed in the District of Colorado.
  • Represented bidders in purchase of assets in bankruptcy cases and UCC sales.
  • Represented secured creditors in bankruptcy cases, workouts, state court receiverships and related state court proceedings.
  • Represented creditors serving as chairs of creditors committees.
  • Represented landlords in major bankruptcy cases nationally and in Colorado.
  • Represented owners, contractors and subcontractors in construction industry bankruptcy cases nationally and in Colorado.
  • Represented telecommunications provider in major bankruptcy cases nationally and in Colorado.
  • Represented national retailer in major bankruptcy cases throughout the country.
  • Represented Colorado municipalities in bankruptcy cases, including pursuit of tax trust fund claims.
  • Advised clients in structure of transactions in distressed situations.
  • Advised businesses in liquidating and winding down outside of bankruptcy.
  • Represented Chapter 7 Trustees in bankruptcy cases including significant complex litigation matters.
  • Represented clients in numerous bankruptcy adversary proceedings, including avoidance actions and in pursuing non-dischargeability claims, in Colorado and Nationally Published Opinions.

______________________________________

  • In re Petition of Ernst & Young, Inc., as Receiver of Klytie’s Devs. Inc., et al., 383 B.R. 773 (Bankr. D. Colo. 2008) (recognition of Chapter 15 foreign proceeding).
  • Giuliano v. U.S. Nursing Corporation (In re Lexington Healthcare Group, Inc.), 339 B.R. 570 (Bankr. D. Del.2006) (fraudulent transfer litigation).
  • General Electric Capital Corp. v. Manager of Revenue and Ex Officio Treasurer for the City and County of Denver (In re Western Pacific Airlines, Inc.), 273 F.3d 1288 (10th Cir. 2001) (represented Chapter 7 trustee in tax lien priority litigation).
  • Weinman v. Shaker Express, Inc. (In re Western Pacific Airlines, Inc.), 263 B.R. (D. Colo. 2001) (represented Chapter 7 trustee in adversary proceeding).
  • Curiale v. Capolino, 883 F. Supp. 941 (S.D.N.Y. 1995) (RICO litigation).
  • District 2, Marine Engineers Beneficial Ass’n v. Burnley, 936 F.2d 284 (6th Cir. 1991) (labor union lacked constitutional standing to pursue claims).

Publications & Presentations

PUBLICATIONS

  • The Intersection of Family Law & Bankruptcy: Look Both Ways Before Crossing (co-author)
    The Colorado Lawyer | February 2019

 

PRESENTATIONS

  • Chapter 15/Cross Border Insolvency
    American Bar Association Section of Business Law
    Commercial Financial Services Creditors’ Rights Subcommittee
    Spring Meeting, Vancouver, British Columbia | 2009

Professional Activities

  • American Bankruptcy Institute
  • Turnaround Management Association
  • Former Adjunct Professor, University of Denver College of Law

Highlights

  • Best Lawyers in America, Litigation: Bankruptcy (2012-2020)