Douglas J. Payne

Attorney and Shareholder, Fabian VanCott, 1988 – present

Attorney, Sessions & Moore, 1983 – 1988

Admitted to Tenth Circuit Court of Appeals

Admitted to U.S. Supreme Court, 1992

Admitted to Utah State Bar, 1983; Litigation Section; Bankruptcy Law Section

Member, American Bankruptcy Institute

Member, Salt Lake County Bar Association

BANKRUPTCY

Represented a Chapter 11 bankruptcy trustee in obtained confirmation of a Chapter 11 plan that paid all creditors in full. Successfully opposed a competing Chapter 11 plan filed by the principal defendant in an avoidance lawsuit prosecuted by the Chapter 11 trustee and obtained court approval for a complex sale of an asset to fund the trustee’s Chapter 11 plan.

Doug has a proven track record of negotiating favorable settlements for defendants in bankruptcy “claw back” preference or fraudulent conveyance actions. He has also successfully defended such claims in court, succeeding in dismissing claw back claims at both the bankruptcy court level and on appeal.

Doug has significant experience representing creditors’ committees in Chapter 11 bankruptcy cases. His representation of committees has included negotiating plans to pay all creditors in full, blocking a plan that would have substantially restricted the rights of a class of creditors and representing an unsecured creditors’ committee in many avoidance actions to recover significant funds for a Chapter 11 bankruptcy estate.

Doug has represented Chapter 11 debtors-in-possession, Chapter 11 bankruptcy trustees, and Chapter 7 bankruptcy trustees with respect to a wide variety of issues. He has successfully pursued or defended lawsuits and contested matters involving property of bankruptcy estates and bankruptcy claims.

Doug assisted a major utility company in revising its procedures for dealing with pre-petition customer security deposits and post-petition service to bankrupt utility customers, resulting in significant savings to the utility.

Doug represented a widow in keeping her legal malpractice judgment against an attorney who had himself filed personal bankruptcy from being discharged in the attorney’s bankruptcy. After Doug prevailed for his client at two levels of appeal, his client received full payment from the defendant after Doug obtained a favorable published decision from the U.S. Court of Appeals for the Tenth Circuit.

REAL PROPERTY

Doug represented a seller of a parcel of land-locked property in a dispute over an access easement. He negotiated a consensual easement with the adjoining landowners and worked to obtain a court order approving the easement in a bankruptcy involving one of the landowners.

Doug represented a landowner in a dispute over the scope of an easement. The court granted Doug’s motion to enter an injunction limiting use of the easement and barring trespass on his client’s property.

LITIGATION

Doug obtained a temporary restraining order and preliminary injunction preventing a client’s customer from transferring equipment and fixtures to a newly formed related company.

Doug represented a subcontractor in complex litigation involving numerous parties under Utah’s mechanic’s lien and contractor bond statute. He negotiated a favorable result for his client.

Assisted in representing a title insurance underwriter in defending a claim for escrow defalcation caused by one of the underwriter’s local title agents. The court dismissed a claim for statutory liability against the underwriter.

Doug successfully represented a client who, although not a judgment debtor, had an investment account frozen through a wrongfully issued prejudgment writ of garnishment based on unsubstantiated allegations without advance notice to the client. Doug prevailed in attacking the improper garnishment based upon the denial of his client’s due process rights.