Nicholas is an astute, trusted advisor who doesn’t shy away from litigation when it comes to protecting his client’s interests.
Nicholas represents a broad range of clients in all facets of bankruptcy, receiverships, foreclosures, out of court workouts and restructurings. Nicholas brings his experience with leading lenders in nationwide cases to banks of all sizes in bankruptcy proceedings and related litigation, helping them assertively manage a range of creditor relationships and responsibilities.
Leveraging experience he gained from working on some of the largest bankruptcy cases in the country, including representing the debtor in a large bankruptcy dubbed a “Transaction of the Year” by the Turnaround Management Association, Nicholas represents clients in all aspects of bankruptcy cases, including debtors, secured lenders, asset purchasers, trustees and creditors' committees. Nicholas also has represented more than 50 lenders across the country in all areas of workouts and enforcement of commercial loans, including receiverships, foreclosures, replevins, collection actions and lender liability litigation.
Nicholas represented the Revocable Trust of John Q. Hammons and its 75 subsidiary companies in the largest Chapter 11 bankruptcy case ever filed in the District of Kansas. The debtors were a billion-dollar hospitality conglomerate that owned 35 hotels and other hospitality properties throughout the country. Nicholas was lead counsel for the debtors in all aspects of the bankruptcy case and successfully led the closing of the sale of the debtors' properties that resulted in full payment to all creditors. See In re John Q. Hammons Fall 2006, LLC, et al., Case No. 16-21142 (D. Kan.)
Nicholas subsequently served as the lead attorney for the Revocable Trust of John Q. Hammons and its associated debtors in their successful appeal to the Tenth Circuit Court of Appeals with respect to constitutional challenges to a 2017 amendment to the statutory fee provision. Nicholas argued the appeal before the Tenth Circuit, who reversed the Bankruptcy Court for the District of Kansas, held that a portion of the Bankruptcy Code is unconstitutional, and directed the Bankruptcy Court to order the refund of more than $2.5 million in quarterly fees to the John Q. Hammons Trust and its associated debtors, that had been paid to the U.S. Trustee under the unconstitutional statute. In re John Q. Hammons Fall 2006, LLC, --- F.4th ---, 2021 WL 4535285 (Oct. 5, 2021).
He represented the unsecured creditors committee in the Chapter 11 bankruptcy filing of a biofuel plant in Missouri and, after confirming a plan with the debtors and being hired by the liquidating trustee, successfully prosecuted several avoidance actions and complex litigation matters, including a claim against the former directors and officers for breach of fiduciary duty. See In re Blue Sun St. Joe Refining, LLC, Case No. 15-42231 (W.D. Mo.)
Nicholas has represented lender clients in receiverships for apartment complexes, car dealerships, golf courses, hotels, hospitals, marinas, office buildings, real estate developments, restaurants, shopping centers, surgical centers and theaters.
He represented a bank client in two complicated bankruptcy cases of the owner and operator of a private 18-hole golf course in Kansas City, MO, including successfully litigating over ownership of the club’s personal property.
Nicholas successfully represented a national lender contesting the confirmation of a plan of reorganization for a 116-unit apartment complex following loan default, obtained appointment of a receiver after dismissal of the bankruptcy case, completed a foreclosure of the complex, and obtained judgment for the lender against the borrower and all guarantors.
Nicholas writes frequently on recent court decisions in the bankruptcy field, publishing on JD Supra and in the Journal of Corporate Renewal and presents regularly at conferences for the American Bankruptcy Institute and the National Association of Bankruptcy Trustees.
News & Insights
- Press Release11.15.2021
- Press Release10.07.2021
- Press Release11.16.2020
- In the News04.09.2020
- Press Release11.20.2019
- Press Release10.11.2019
Presenter, "Conflicted About Conflicts," Kansas City Bankruptcy Bar Association CLE, Kansas City, MO November 2019
Presenter, "Trustees Administering Unusual Assets," ABI Midwestern Bankruptcy Institute, Kansas City, MO, October 2018
Presenter, "Bet on the Red 9: Article 9 Issues for Bankruptcy Trustees," National Association of Bankruptcy Trustees Spring Seminar, Las Vegas, NV, February 2018
Presenter, "Violations of the Automatic Stay and Discharge Injunction," Missouri Bar Association Annual Bankruptcy Seminar, Springfield, MO, February 2016
Presenter, "Kansas Post-Foreclosure Issues," National Business Institute, Overland Park, KS, June 2015
"Managing Risks in Doing Business with Administratively Insolvent Retail Debtors," Journal of Corporate Renewal Turnaround Management Association
Co-author, "Information about Information: The Increasing Role of Metadata in Bankruptcy," American Bankruptcy Institute Litigation Committee Newsletter, Vol. 13, No. 4, December 2015
Co-author, "Having Your (Cup)Cake and Eating It, Too: Integrated Agreements as Executory Contract in Light of In re Interstate Bakeries Corporation, American Bankruptcy Institute Litigation Committee Newsletter, Vol. 12, No. 3, September 2015
Co-author, “Licensor Chapter 11s May Put Trademark Licenses at Risk: Contract Rejection Issues for Turnaround Managers,” Journal of Corporate Renewal, Vol. 26, No. 3; April 2013
American Bankruptcy Institute 40 Under 40, 2019
Named a "Rising Star" in Missouri & Kansas Super Lawyer®, 2012-present
Professional & Civic Activities
Professional & Civic Activities
American Bankruptcy Institute
Kansas City Bankruptcy Bar Association
Attorney Advisory Group for the United States Bankruptcy Court for the Western District of Missouri, 2017-present
The Missouri Bar
Kansas Bar Association
Kansas City Metropolitan Bar Association
Midwest Bankruptcy Institute, Advisory Board
Practices & Industries
- Kansas, 2009
- Missouri, 2008
- United States District Court, District of Colorado
- United States District Court, District of Kansas
- United States District Court for the Eastern District of Missouri
- United States District Court for the Western District of Missouri
- United States District Court for the District of Nebraska
- United States Court of Appeals, Eighth Circuit
- United States Court of Appeals, Tenth Circuit
Washburn University, J.D., with honors, 2008
- Washburn Law Journal, Staff Member
University of Kansas, B.A., Political Science, 2005