Brett W. Martin, Esq.
Shareholder & Managing Attorney
New York (Admitted 2/1983): Attorney Registration No. 1837707
Colorado (Admitted 11/1989): Attorney Registration No. 19121
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 10th Circuit
U.S. District Court, Northern District of New York
U.S. Bankruptcy Court, Northern District of New York
U.S. District Court, Western District of New York
U.S. District Court, District of Colorado
U.S. Bankruptcy Court, District of Colorado
New York Court of Appeals
Colorado Supreme Court
Bachelor of Science (B.S. 1/1979, Magna cum Laude), University of Maryland
Master of Business Administration (M.B.A. 12/1981), Syracuse University School of Management
Juris Doctor (J.D. 5/1982), Syracuse University College of Law
Family Law Litigation (2/1996 – Present), Denver & Westminster, Colorado: Sole Shareholder and Managing Attorney of Martin Law Firm — Brett W. Martin, P.C., a Colorado Professional Corporation. Practice emphasizing family law matters and litigation, individual high asset and business owner divorce with particular sensitivity to representation of fathers in custody and visitation disputes. Trial practice in Denver metropolitan area District and County Courts. General civil practice in the areas of tort, contracts, commercial litigation, bankruptcy, business, corporate, wills and estates. Appellate practice.
Bankruptcy Law (6/1990 – 8/1992), Broomfield, Colorado: Law Office of Brett W. Martin, Esq.: Practice emphasizing bankruptcy representation of consumers in cases under Chapters 7 and 13, and business debtors in reorganization cases under Chapters 11 and 12 of Bankruptcy Code. Cases were located in Denver, Dallas and Cheyenne. Limited representation of clients in New York on commercial matters.
Bankruptcy Reorganization & Litigation (11/1989 – 6/1990), Denver, Colorado: Associate of the law firm of Gelt, Fleishman & Sterling, P.C. Practice limited to representation of creditors, creditor committees and business debtors in reorganization proceedings under Chapter 11 of Bankruptcy Code; litigation and debt workout.
Civil, Commercial & Bankruptcy Reorganization (3/1986 – 7/1989), Utica, New York: Law Office of Brett W. Martin, Esq. Private practice with emphasis in representation of business debtors in debt workout and bankruptcy reorganization under Chapters 11, 12 and 13 of Bankruptcy Code. Specialty in dairy and crop farms. Member of Utica City Court Arbitration Panel (July 1989).
General Civil Practice (2/1983 – 3/1986), Utica, New York: Associate of the law firm of Felt, Hubbard, Hopkins, Bach & Bogan. General civil practice: responsibilities in areas of bankruptcy (creditor and bank representation as primary attorney for firm), commercial, contract, general business, corporate, real estate (title search, closings and mortgage foreclosure), decedent’s estate and insurance defense litigation (automobile accident and product liability).
Reported Litigation & Appellate Cases:
Bean v. Walker, 95 A.D.2d 70 (4th Dep’t 1983): New York appellate court decision reversing trial court order allowing ejectment and forfeiture of payments made by land sale contract vendee; precedent establishing case requiring transaction be viewed as if the vendee was owner and mortgagor with foreclosure and sale as appropriate vendor remedy followed by surplus money or deficiency proceedings (vendee to realize, not forfeit, equity earned in property); represented successful vendee on appeal.
In re Gordon Car and Truck Rental, Inc., 59 B.R. 956 (Bkrtcy. N.D.N.Y. 1985): Bankruptcy Court decision holding debtor not insolvent for purpose of pre-petition automatic termination of AVIS franchises and denying AVIS motion to terminate automatic stay and declare forfeiture; represented prevailing Chapter 11 debtor corporation.
In re Gordon Car and Truck Rental, Inc., 65 B.R. 371 (Bkrtcy. N.D.N.Y. 1986): Bankruptcy Court decision in adversary proceeding holding AVIS licenses for Binghamton, New York, were assets of debtor corporation and not that of former partnership of corporate officers; represented prevailing Chapter 11 debtor corporation.
In re Gordon Car and Truck Rental, Inc., 75 B.R. 446 (Bkrtcy. N.D.N.Y. 1987): Bankruptcy Court decision in adversary proceeding holding American Motors Leasing Corporation and Bank did not hold security interest in debtor’s AVIS franchises; affirmed on appeal to United States District Court, 80 B.R. 12 (N.D.N.Y. 1987); represented prevailing Chapter 11 debtor corporation in Bankruptcy Court and on appeal.
In re Matis, 74 B.R. 363 (Bkrtcy. N.D.N.Y. 1987): Bankruptcy Court decision in automatic stay proceeding upholding, after trial, Chapter 11 debtors’ position that Bank did not hold valid security interest in prized registered purebred livestock; represented successful debtors.
In re Nohle, 93 B.R. 13 (Bkrtcy. N.D.N.Y. 1988): Bankruptcy Court decision in claim objection proceeding initiated by Chapter 12 debtors directing United States Farmers Home Administration’s proof of claim for $86,244.36 pre-petition judgment disallowed as untimely filed (one day late); represented prevailing debtors.
In re Henderberg, 108 B.R. 407 (Bkrtcy. N.D.N.Y. 1989): Bankruptcy Court decision in claim objection proceeding holding that confirmed Plan under Chapter 11 terminated real property tax liens and that pre-petition creditor rights only existed to extent provided for by Plan; represented prevailing farm debtors.
Part-Time Teaching Positions:
Adjunct Business Law Professor (11/1982 – 6/1989), Syracuse, New York: Chapman College REC Graduate School of Business & Management, Hancock Field, New York. Taught evening graduate level (MBA curriculum) courses in business and administrative law, taxation, regulatory agency and personnel law.
Lecturer in Business Law (1/1983 – 4/1983), Cazenovia, New York: Cazenovia College. Taught undergraduate courses in business law to full-time college students.
Instructor (9/1982 – 12/1982), Syracuse, New York: Bryant & Stratton Business Institute. Taught undergraduate business law course to adult evening students.
Memberships & Associations:
Member of Denver, 1st Judicial District, Family Law Section, Colorado & New York State Bar Associations: Non-profit organizations for advancement of the legal profession.
Member/Former Director at Large of Father’s For Equal Rights, Denver, Colorado (1996 – 2004): Non-profit organization dedicated to helping fathers maintain a parental role with their children.