Overview

Mr. Cadwallader is a member of the firm’s Litigation section.  His practice focuses on helping individuals and businesses resolve disputes and solve problems in the areas of bankruptcy, creditor’s rights and commercial litigation. 

Experience

Bankruptcy and Restructuring

  • Represented commercial real estate buyer in navigating § 363 asset sale process in event-center chapter 11 proceeding.
  • Represented commercial landlords with issues related to rejection and assumption of non-residential leases in various bankruptcy matters, including Toys “R” Us, Inc., Shopko, Payless Holdings LLC, Sears Holding Corporation, and Mattress Firm, Inc.
  • Represented creditors in trustee avoidance actions, including preferences and fraudulent transfer litigation and negotiated favorable settlements.   
  • Represented creditors in contested matters and adversary proceedings, including objections to dischargeability and relief from the automatic stay.
  • Represented chapter 13 trustee in hundreds of hearings respecting plan confirmation and motion practice. Conducted hundreds of § 341 Meetings investigating debtors on behalf of trustee.  Represented trustee in evidentiary hearings.   

Litigation Experience

  • Successfully defended seller on motion for summary judgment against all of buyer’s claims, including fraudulent concealment and negligent misrepresentation related to sale of real estate.
  • Drafted successful motion to dismiss multi-count complaint asserting third party contract and breach of contract theories respecting lease agreement.
  • Drafted discovery requests and responses related to commercial business disputes.
  • Conducted discovery collection, review, and production on matters related to intellectual property, business disputes, and Department of Justice and SEC investigations.


Representative Cases

  • In re Petersen, 561 B.R. 788 (Bankr. D. Utah 2016).
  • In re Cannon, 521 B.R. 686 (D. Utah 2014).
  • In re Cannon, No. 13-24366, 2013 WL 6499304 (Bankr. D. Utah Dec. 11, 2013)

News & Events

Speaking Engagements

  • Utah State Bar Spring, Exemptions 101 for All Areas of Practice: How Bankruptcy Exemptions Impact Other Areas of Law such as Domestic Support, Student Loans, and Secured Loans (Panelist)
    03.2019
  • Utah Bankruptcy Lawyers Forum & Utah Bankruptcy Bar Section Joint Presentation, Federal & Local Bankruptcy Rule Amendments (Presenter)
    10.2017
  • Utah Bankruptcy Lawyers Forum, John Straley Tenth Circuit Case Update 2016 (Panelist; Case Update)
    10.2016
  • Utah Bankruptcy Section, Chapter 13 Bankruptcy: New Means Test Forms and Chapter 13 Updates (Panelist; Case Management Strategies for Avoiding Dismissal)
    02.2015
  • Kevin R. Anderson, Chapter 13 Trustee, Chapter 13 Practitioners’ Luncheon (Panelist; Effective Motion Practice and Communication with the Trustee)
    03.2014

Practice Areas

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