| DAREN BRINKMAN practices in the
area of bankruptcy, commercial law, secured transactions and workouts. Mr. Brinkman handles all aspects of commercial and bankruptcy
litigation in federal and state courts. Prior
to forming Brinkman & Associates, Mr. Brinkman was a partner with Blakeley
Brinkman & Rallis LLP. Before that, Mr. Brinkman was a bankruptcy and
creditors' rights attorney with Adams, Duque & Hazeltine and with the
Dallas, Texas based Andrews
& Kurth. Mr. Brinkman received his undergraduate degree in Economics
from Brigham Young University, where he was a Hinckley Scholar. He received his law degree from Boalt Hall School of Law, at the
University of California, Berkeley, where he graduated with an estimated class
rank in the top third of his class.
Mr.
Brinkman has represented secured and unsecured creditors in all manner of
operating company and real estate contexts.In his early years, Mr. Brinkman primarily represented asset-based
lenders in documenting original loans and workouts involved in asset-based
loans and in documenting LBO’s. His
practice then shifted to bankruptcy and commercial litigation related to
creditor’s rights. Mr. Brinkman’s lending experience has assisted the firm in
its analysis of the validity of secured lenders’ security documentation and
in the documentation of sales and loan restructures from the Committee
perspective as part of Chapter 11 cases. His litigation expertise guides the firm in its representation of
committees when they take a lead role in the prosecution of avoidance actions
and other litigation matters.
Mr.
Brinkman also speaks frequently to trade groups regarding debtor-creditor law,
and has published a number of articles including, “The Revised Uniform Commercial Code Changes Unsecured Creditors’
Rights in Sales and Secured Transactions: Is the Revised UCC “New and Improved or Just New,” Business
Credit, September 1998; “Dealing With the Apparent Agent,” Credit
Today, August 1998; “Holding Factors Liable for the Vendor’s Client
Risk: Who Bears the Risk When a Vendor’s Customer Defaults,” Credit
Today, December 1998;
“Buying Assets Out of Bankruptcy: Procedural Hurdles to Bargain Bonanza,” Business
Credit, October, 1998;“The New Value Exception to the Absolute
Priority Rule After Ahlers,” 106 Banking Law Journal 351 (1989);
“Ethical Considerations for Bankruptcy Trustees and Debtors in Possession,”
(presented at National Association of Bankruptcy Trustees Annual Conference,
1989); “Was Your Product Used to Improve Real Property Without Paying
You? The Overlooked Remedy of Mechanics and Materialmens Liens,” Business
Credit, September 1997. Mr.
Brinkman is also a member of the editorial board of the Journal of Credit
Control Management.
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