To understand another person you must walk a mile in his shoes. Jim Burghardt has done just that. A former investment banker and small business owner, Jim broadened his political, social, and spiritual worldview to pursue a career in which he could simultaneously develop his best skills and assist others. For nearly three decades he has drawn on both his legal and practical business experience to provide thoughtful counsel in complex commercial disputes and transactions.
Jim's well-respected practice in business bankruptcy and problem loan workouts, both in court as an advocate and out-of-court as a negotiator, has earned him a reputation as a highly effective problem solver. Whether representing creditors in major bankruptcy cases or working for creditors’ committees, informally pooled groups of creditors, or as a consultant to in-house counsel, Jim draws on his legal knowledge and proven negotiation abilities to find solutions for difficult problems. Frequently relying on the skills of other business, tax, or litigation attorneys in the firm, Jim has handled significant reorganizations for real estate, business, and other commercial endeavors. Jim is a frequent lecturer and author of presentations for banking associations and other legal groups nationwide.
An authority in business bankruptcy and finance, Jim's practice extends to out-of-court debt restructuring, representing both business debtors and creditors. His participation on both sides of major creditor/debtor issues has yielded better insight into his clients' business concerns.
Jim's extensive involvement in these areas of law also has led him into the field of mediation. He has completed advanced mediation courses at Harvard and at CDR Associates, two of the country's leading mediation training programs. Today he mediates complex business and real estate disputes in matters that would otherwise end up in full litigation. Jim thrives on multi-party dispute resolution and has a tenacious commitment to finding negotiated solutions to difficult business problems.
Jim has been an attorney with Moye White since 1980, when he was first admitted to practice law. In 2005, he was elected by his partners to succeed John Moye as the firm's Managing Partner, a role he thoroughly enjoys due to the opportunity it affords him to influence the character and future direction of the firm as it moves into its fourth decade of service.
Jim and his wife are the parents of two grown sons, and also have two grandchildren. Carpentry, music, cross-country skiing, and hiking in Colorado's high country are among Jim's favorite outside pursuits.
Recent engagements
2006–2007
Appointed mediator in In re Geneva Steel LLC, et al. (Utah Bankruptcy Court) to mediate two adversary proceedings involving a Chapter 11 trustee's claims for breach of the duties of care, good faith, and loyalty, breach of fiduciary duty, fraudulent conveyance, and unjust enrichment against former officers, directors, and affiliates of the debtors, asserting more than $20 million in damages. Five months of mediation among more than a dozen parties resulted in a comprehensive Court-approved settlement agreement involving all but three related defendants.
2000–2006
General corporate counsel, expert witness, and consulting counsel for a liquidating holding company, its owner and subsidiaries, including five short-line railroad companies, in the sale of their major real estate assets and resolution of federal and state court litigation, bankruptcy, and business disputes in Colorado and several surrounding states.
Recent authorships and lectures 2007 Panelist/Speaker at the American Bankruptcy Institute's Rocky Mountain Bankruptcy Conference on the unique challenges facing second lien/subordinated financings after a commercial borrower's bankruptcy.
2005
Panelist/Speaker at the American Bankruptcy Institute's Rocky Mountain Bankruptcy Conference on defense of preference claims. His panel won the first "Best of ABI" award, and as a result, repeated its presentation to a live national teleconference audience.