Brad W. Schacht

Overview

Brad Schacht represents business clients from many different sectors in commercial litigation. His clients include businesses in a wide variety of industries, including banking, construction, financial services, manufacturing, real estate, telecommunications and transportation.  Brad has litigated a number of cases before both judges and juries in state and federal courts, and is also seasoned in mediation and arbitration matters. Although his practice encompasses most areas of commercial litigation, Brad, a former CPA, has developed particular expertise in disputes involving complex business transactions, taxation, financial fraud and other financially complex matters.  Brad currently serves on the firm’s Recruiting Committee.

Experience

Representative experience includes:

• Bankruptcy core and adversary proceedings
• Complex collection matters, including foreclosures and receiverships
• Construction and design defects and mechanics’ liens
• Financial fraud
• Fraudulent conveyance, successor liability and alter ego matters
• Intellectual property
• Land use matters including zoning, exactions, entitlements and takings cases
• Lender liability
• Partner, shareholder and other business owner disputes
• Professional malpractice
• Real estate
• Securities
• Taxation
• Transactional disputes including contracts, financing, leases, and distribution relationships

Speaking & Publications

• Author, Mechanic’s Lien Protection for Landlords, Colorado Real Estate Journal (July 2014)
• Author, Mechanic’s Liens: Tips for Landlords, Otten Johnson Alert (June 2014)
• Author, The Difference Between Statutes of Limitation and Non-claim Statutes, Otten Johnson Alert (May 2014)
• Author, Possible Expansion of the Homebuilder Implied Warranty of Habitability in Colorado, Otten Johnson Alert (November 2013)
• Author, Colorado Real Property Tax Appeals, Otten Johnson Alert (July 2011)
• Co-author, Treatment of Preferential Transfers in Bankruptcy (January 2010)
• Co-author, Restructuring Troubled Real Estate Loans (July 2009)
• Author, Bad Faith Lenders, 60 U. Colo. L. Rev. 417 (1989)

Awards & Involvement

• Legal Aid Foundation of Colorado: Board of Trustees (2009-2015)
• Colorado Super Lawyers List (2006, 2009-2016)

Jurisdiction

• State of Colorado
• State of Nebraska
• U.S. Tax Court
• U.S. Tenth Circuit Court of Appeals
• Various U.S. District Courts
• American Bar Association
• Colorado Bar Association
• Denver Bar Association
• American Institute of C.P.A.s

Education

• J.D., University of Colorado-Boulder (1989); Order of the Coif
• B.S., Accounting, University of Nebraska-Lincoln (1983)

Insights