David L. Pinkston

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David Pinkston represents a broad range of clients in a variety of bankruptcy litigation matters.  These include non-dischargeability litigation, automatic stay issues, objections to plans of reorganization, claim objections, asset sales, and defending preference and fraudulent transfer claims, as well as other bankruptcy avoidance actions. 
 
He has been involved in local and national bankruptcy courts. His clients have included almost every type of participant in the bankruptcy process: creditors, debtors, trustees, and even competing Chapter 11 plan proponents. 
 
David was part of the legal team that assisted a major developer with the purchase of the Geneva Steel property in Utah County in a hotly contested bankruptcy case. In addition to bankruptcy-related matters, His practice also centers on contract disputes, as well as complex commercial litigation matters in both federal and state court.
 
David has also assisted and advised a number of local, regional, and national companies with creditors’ rights issues, including obtaining pre-judgment remedies, implementing receiverships for real property, dealing with conservatorships, addressing real property disputes (including both sides of commercial landlord-tenant issues), dealing with contract defaults, asset seizure, and enforcing account obligations and judgments. 
 
In addition, and as a part of dealing with creditor’s rights issues, David also represents sureties, contractors, and owners in a variety of construction-related matters, as well as bankruptcy issues.

Education

  • J.D., Brigham Young University, J. Reuben Clark School of Law, cum laude, 1993
  • B.A., Brigham Young University, cum laude and with honors, 1990

Bar & Court Admissions

  • Utah State Bar
  • U.S. District Court, District of Utah
  • U.S. Court of Appeals for the Tenth Circuit
  • Speaker, Uniform Commercial Code and Application to the Surety Industry, Pearlman Surety Conference, Washington, September 20218
  • Speaker, “The Fugitive” – Evolving Tools for Pursuing Elusive Indemnitors, Western States Surety Conference, Seattle, April 2018
  • Speaker, Indemnity Traps and Tools, Western States Surety Conference, Seattle, April 2017
  • Speaker, Risk of Bad Faith Claims in Surety Law and Practice, Western States Surety Conference, 2015

David has authored and lectured for several years at a number of local and multi-state conferences on both bankruptcy and surety law issues.

  • Utah Bar Association
  • Utah Bankruptcy Lawyers Forum
  • American Bankruptcy Institute
  • National Association of Chapter 13 Trustees
  • Fidelity and Surety Law Committee, American Bar Association
  • Building Owners and Managers Association of Utah, Medical Office Building Subcommittee
  • Salt Lake County Bar Association
  • Recognized as Utah Legal Elite by Utah Business Magazine
  • Listed in Best Lawyers in America®
  • Rated by Martindale-Hubbell® Peer review as AV® Preeminent™*
  • Adjunct Professor, teaching Business Law, at Brigham Young University
*Peer review Rated Lawyer of AV® Preeminent™ 5.0 out of 5.* *AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general ethical standards.

Unique Recognition – Education

  • Law School: Brigham Young University, J. Reuben Clark School of Law, 1993
    • Lead Articles Editor, BYU Law Review

Fluent in Spanish

David is a native of Southern California. Outside of the office, he enjoys exploring Utah’s outdoors with his family. He is also an avid woodworker and is actively involved in the Boy Scouts of America.