Contact Info
Email: dpayne@fabianlaw.com
Direct Line: 801-323-2216
Fax: 801-596-2814
Douglas J. Payne
Doug Payne is an attorney with over 25 years experience who has a proven record of success. His practice focuses on the areas of commercial litigation, real property, and representation of creditors and trustees in business bankruptcy cases. He has used his analytical abilities to help clients navigate complex business bankruptcy issues, as well as to successfully resolve litigation disputes. Doug is a member of the Utah State Bar, and is admitted to practice before the United States District Court for the District of Utah, the Tenth Circuit Court of Appeals, and the United States Supreme Court. He has been recognized by Best Lawyers in America. Doug is listed in Mountain States Super Lawyers, and has been recognized as one of Utah’s Legal Elite. He is a member of the Utah Bankruptcy Lawyers Forum, and has been actively involved in the Bankruptcy Section of the Utah State Bar.
- Practice Areas
- Professional
- Representative Projects
- Education
- Community Service
- Attorney and Shareholder, Fabian & Clendenin, 1988-Present
- Attorney, Sessions & Moore, 1983-1988
- Admitted to Utah State Bar, 1983; Litigation Section; Bankruptcy Law Section; Real Property Section
- Member, American Bankruptcy Institute
- Member, Salt Lake County Bar Association
- Recognized in Best Lawyers in America
- Recognized in Mountain States Super Lawyers as among the top bankruptcy lawyers in the state of Utah
- Recognized as among Utah’s Legal Elite
- REAL PROPERTY
Doug represented a landowner in a dispute over the scope of an easement. Obtained an injunction limiting use of easement and barring trespass on his client's property.
Negotiated a favorable settlement for a junior lender in mechanic's lien litigation involving complex lien priority and validity issues for numerous mechanic's liens against an industrial facility.
Represented a seller of a parcel of land-locked property in a dispute over an access easement. Doug assisted in negotiating a consensual easement with the adjoining landowners and also worked to obtain a court order approving the easement in a bankruptcy involving one of the landowners.
- BANKRUPTCY
Doug represented a construction company in successfully reorganizing under Chapter 11 of the Bankruptcy Code. The representation included negotiations to resolve claims of taxing authorities and other creditors.
Represented a Chapter 11 bankruptcy trustee in obtaining confirmation of a Chapter 11 plan that paid all creditors in full. Successfully opposed a competing Chapter 11 plan filed by the principal defendant in an avoidance lawsuit being prosecuted by the Chapter 11 trustee and obtaining court approval for a complex sale of an asset to fund the trustee's Chapter 11 plan.
Doug has been lead counsel for creditors' committees in a number of bankruptcy cases. His representation of committees has included negotiating plans to pay all creditors in full, blocking a plan that would have substantially restricted the rights of a class of creditors and representing an unsecured creditors' committee in numerous avoidance actions to recover significant funds for a Chapter 11 bankruptcy estate.
Doug has negotiated favorable settlements for a number of defendants in bankruptcy preference or fraudulent conveyance actions. He has also successfully defended claims in court, succeeding in dismissing claims at both the bankruptcy court level and on appeal.
Doug advised a major utility company about revising its procedures for dealing with pre-petition customer security deposits and post-petition service to bankrupt utility customers, resulting in significant savings to the utility.
Doug represented a widow with a non-dischargeability claim against a bankruptcy attorney who had filed personal bankruptcy. He prevailed for his client at two levels of appeal. His client received full payment from the defendant after Doug obtained a favorable decision from the United States Court of Appeals for the Tenth Circuit.
- LITIGATION
Doug obtained a temporary restraining order and preliminary injunction preventing a client’s customer from transferring equipment and fixtures to a newly formed related company.
Doug represented a subcontractor in complex litigation involving numerous parties under Utah's mechanic's lien and contractor bond statute. He was able to negotiate a favorable result for his client.
Assisted in representing a title insurance underwriter in defending a claim for escrow defalcation caused by one of the underwriter's local title agents. The court dismissed a claim for statutory liability against the underwriter.
Represented a client who, although not a judgment debtor, had an investment account improperly frozen through a prejudgment writ of garnishment based on unsubstantiated allegations. Doug successfully attacked the improper garnishment based upon the denial of his client’s due process rights.
- J.D., University of Utah College of Law, 1983
- Utah Law Review, 1981-1983
- William H. Leary Scholar (Top 20)
- Honors B.A., Brigham Young University, 1979; Cum laude; Dean's List
- Served as a member and chair of the Murray City Planning and Zoning Commission
- Served as board member and Chairman of the Murray Education Foundation
- Was awarded the District Award of Merit for his volunteer efforts by the Granite Trails District of the Boy Scouts of America