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Bankruptcy Law

Garry Appel

Adjunct Professor

Garry Appel, is a shareholder of the law firm of Appel & Lucas, P.C. His practice has focused over the years on complex commercial reorganizations, bankruptcy litigation and bankruptcy acquisitions. In addition, he has extensive trial and appellate experience in state and federal courts in complex business litigation matters. He has acquired expertise in many industries, including real estate, electric utility, uranium, computers and electronics, meat packing, airlines, oil and gas, hardware, and the retail, wholesale, manufacturing and service

Mr. Appel is a 1978 graduate of the University of Colorado School of Law, is admitted to practice before all Colorado state and federal courts and has been admitted to practice in particular cases in state and federal courts in numerous localities throughout the United States. Mr. Appel has been an active member of the Colorado Bar Association. He has served as chairman of Bar Association committees and as a member of the Colorado Bar Business Section Council. Mr. Appel is the past chairman of the Bankruptcy Committee of the Colorado Bar Association and the former chair of the local Bankruptcy Rules Revision Committee.

Mr. Appel has lectured and written extensively on various topics, including bankruptcy and commercial law, deposition and discovery practice and procedure and state and federal discovery rules. Examples of publications include:

  • Collections and the Bankruptcy Code, PESI, 1984
  • Plans of Reorganization, NBI 1986
  • Bankruptcy Fundamentals and Developments, LSI 1987
  • Foreclosure Against Debtors in Bankruptcy, CES 1987
  • Equitable Subordination in Colorado, NBI 1988
  • The Federal Rules of Bankruptcy Procedure, NBI 1989
  • Negotiations in Bankruptcy, Lorman 1989
  • Real Estate Reorganizations, PESI 1990
  • Winning Techniques in Bankruptcy Negotiation, Lorman 1990
  • Piercing the Corporate Veil, NBI 1993
  • Partnership Liabilities and Charging Orders, NBI 1994
  • Colorado Garnishment Law, NBI 1995
  • Taking Effective Depositions, Lorman 1995, 1996, 1997
  • Aggressive Use of the Involuntary Petition, CLE Int’l 1996
  • Issues in Chapter 11, Continuing Education Services, 1997
  • Good Faith Filing Issues in Bankruptcy, CLE of Colorado, Inc, 1999
  • The Digital Office, The Colorado Lawyer, Feb. 2001
  • Bankruptcy In Colorado: A Creditor’s Perspective, Lorman, 2002
  • Judgment Enforcement in Colorado, Lorman, 2002
  • Bankruptcy In Colorado, Lorman, 2003
  • Successful Judgment Collections In Colorado, NBI, 2003
  • Colorado Foreclosure and Repossession, NMI, 2003
  • The Practical Paperless Office, The Colorado Lawyer 2007
  • Chapter 11 and Alternatives for Business in Financial Distress, NBI, 2008
  • Distressed Real Estate, CLE International, 2009
  • Bankruptcy Code: The Essentials, NBI, 2009

Mr. Appel is an adjunct professor of law at the University of Denver, teaching Bankruptcy Law, and an adjunct professor of law at the University of Colorado, teaching Creditor’s Rights and Debtor’s Remedies.

Mr. Appel has served as an expert witness in state, federal and foreign courts on a variety of issues, including Colorado commercial law, bankruptcy law, the reasonableness of attorney’s fees and attorney standards of care.

Expert testimony in last four years:
1. (November 2007) Provided expert testimony on behalf of creditor (Rhino Fund, LLLP) in the Chapter 11 Bankruptcy case of Michael Hutchins, United States Bankruptcy Court for the District of Colorado, case number 06-15512 MER. The testimony related to whether a
compromise and settlement agreement in Plan of Reorganization was fair and reasonable, whether the Plan met the good faith standards for confirmation and whether payments were properly deducted from gross income for purpose of Disposable Income test
2. (November 2006) Provided expert opinion on behalf of creditor (Pollack) on issue of the reasonableness of attorney’s fees, costs and expert witness fees in bankruptcy case, In re Sweet, United State Bankruptcy Court for the District of Colorado, case number 03-24752-MER