Brian M. Rothschild

Biography Representative Matters Publications News
Brian M.Rothschild
Shareholder
Phone: 801.532.1234
Direct: 801.536.6762

Mr. Rothschild focuses on reorganizing troubled businesses through chapter 11 bankruptcy and other means, including forbearances, general assignments for the benefit of creditors, recapitalizations, and other forms of voluntary and involuntary workouts.  He frequently engages in complex commercial litigation in United States Bankruptcy Courts and other forums across the country to achieve client goals. Mr. Rothschild assists clients in chapter 11 bankruptcy proceedings, FDIC, SEC, and state law receiverships, assignments for the benefit of creditors, out-of-court restructurings, and distressed asset sales, mergers, and acquisitions. His experience includes bankruptcy appellate matters, including matters before the Ninth and Tenth Circuit Courts of Appeal, the United States Supreme Court.  He has restructured businesses in a variety of industries including oil, gas, mining, and natural resources, retail, intellectual property holding, manufacturing, tech, commercial and residential real estate, agriculture, ranching, and entertainment. He represents debtors, creditors, and other parties in interest, including executives and officers.

Mr. Rothschild was the first trustee appointed under Subchapter V Chapter 11 in the District of Utah, where he continues to serve as a Subchapter V trustee under the Small Business Reorganization Act (SBRA) of 2019.

High profile representations include the following:

  • Counsel to the Official Committees of Unsecured Creditors in the chapter 11 cases of M Space HoldingsInfinia, Washington Mutual, Inc., Imperial Capital Bancorp, Inc., Nortel Networks, Inc., and General Growth Properties, Inc.;
  • Counsel to the debtors in VidAngel, Inc.SlideBelts Inc., LuMee LLC, Marion Energy Inc, Vector Arms, Corp., Foamex, Inc., Halsey McLean Minor, Cresset Powers, Inc.; Flying Software Labs, Inc., and Sugarloaf Holdings, LLC;
  • Counsel to creditors and defendants in Radio Shack, Sears, American Blue Ribbon Holdings, Nevada Gold, AMR (American Airlines), and Arch Coal.
  • Counsel to SEC receivers and other parties in interest in significant Ponzi scheme and fraud cases and receiverships, including Dee Randal (Horizon Financial); Management Solutions, Inc. (MSI), Noah’s Event Centers, L.D.T. Investments, and Roger Bliss;
  • Counsel to parties resolving companies in structured liquidations and general assignments for the benefit of creditors for CML Metals Corporation, Animal Riders LLC, Surface Protection Inc. (SPI and SPII), and InQPharm, Inc.;
  • Appellate counsel to appellee in the United States Supreme Court case Hamilton v. Lanning, 560 U.S. 505, 130 S.Ct. 2464, 177 L.Ed.2d 23 (2010), construing provisions of 2005 Bankruptcy Abuse and Consumer Protection Act;
  • Appellate counsel to appellant Apex Oil, Inc. on petition for a writ of certiorari to the United States Court of Appeals for the Seventh Circuit to the United States Supreme Court on the nondischargeability in bankruptcy of RCRA environmental cleanup liability.

Mr. Rothschild also has a financing and transactional practice focused on non-traditional and income-stream based lending.

Mr. Rothschild is also committed to providing pro bono representation for deserving individuals and causes. He has provided service in cases involving prisoner civil rights under the United States Constitution, adoption, public benefits issues, veterans’ benefits, and bankruptcy nondischargeability and unlawful evictions in violation of the automatic stay for individual debtors in chapter 7. He serves as the attorney supervisor for the Debtors’ Clinic run by the S.J. Quinney College of Law at the University of Utah’s Pro Bono Initiative.

Mr. Rothschild teaches Bankruptcy and Chapter 11 Business Reorganization at the S.J. Quinney College of Law at the University of Utah where he serves as an adjunct professor.

Prior to joining Parsons Behle & Latimer, Mr. Rothschild was an attorney with Peitzman Weg LLP and Akin Gump Strauss Hauer & Feld LLP.

After earning his J.D. from the University of Southern California Gould School of Law, Mr. Rothschild served as law clerk to Chief Justice Matthew B. Durrant of the Supreme Court of Utah.

While pursuing his law degree, he served as judicial extern to the Honorable Richard L. Speer of the Bankruptcy Court for the Northern District of Ohio and to the Honorable Richard M. Neiter of the Bankruptcy Court for the Central District of California.

Mr. Rothschild is also a member of the American Bankruptcy Institute (ABI) and the Turnaround Management Association (TMA) and past president of the Salt Lake Chapter of the J. Reuben Clark Law Society.

Mr. Rothschild formerly managed and represented amateur and professional boxers and was licensed by the California Athletic Commission as a boxing manager.

Industries

Practice Areas

Accomplishments

Academic

University of Southern California Gould School of Law (J.D., 2007)

Order of the Coif, Southern California Law Review

University of Utah (B.S., 1997)

Magna Cum Laude


Associations

Professional

American Bankruptcy Institute

Turnaround Management Association
Utah Chapter, Board of Directors


Community

J. Reuben Clark Law Society – Los Angeles Chapter
Board Executive Committee Member and Secretary
(2004 - 2013)

J. Reuben Clark Law Society – Utah Chapter
Board of Directors

University of Utah Alumni Association – Los Angeles Chapter
Board Member
(2011 - 2013)


Licensed/Admitted

Utah
Idaho
California
U.S. Supreme Court
U.S. Dist. Court, Central Dist. of California
U.S. Dist. Court, Northern Dist. of California
U.S. Dist. Court, Northern Dist. of California
U.S. Dist. Court, Dist. of Idaho
U.S. Bankruptcy Court, Eastern Dist. of California
U.S. Bankruptcy Court, Central Dist. of California
U.S. Bankruptcy Court, Southern Dist. of California
U.S. Bankruptcy Court, Northern Dist. of California
U.S. Bankruptcy Court, Dist. of Idaho
California Supreme Court

Education

University of Southern California, Gould School of Law