B. Joseph Krabacher

B. Joseph Krabacher

Partner Aspen

Summary

Joe represents sophisticated clients, providing counsel for more than 40 years.

Considered by his clients, contemporaries, and counterparties to be one of the top legal talents in real estate, business, and tax transactions, Joe brings an interdisciplinary approach to his representation of national developers and builders, as well as lenders, individual investors, owners, and family offices. In 2020-2023 he successfully negotiated, documented, and closed more than 350 transactions totaling more than $2.78 billion.

Joe’s experience includes representing issuers in private placements of debt securities and guiding clients through mergers, acquisitions, dispositions, joint ventures, business restructurings, venture capital transactions, and corporate and nonprofit governance matters.

Joe co-founded, owned, and operated several successful private companies, including an international satellite and fiber optics telecommunications business (working in Russia for 10 years and in China for six years), a U.S. based residential and multifamily construction company, and a green-tech manufacturing venture. This background provides him with a unique, well-rounded perspective and practical, firsthand experience in handling the types of issues his clients face.
A commercial, instrument-rated, multiengine pilot who has owned and operated numerous single-engine and twin-engine aircraft, Joe brings his passion and real-world experience for aviation when he represents clients in buying, selling, financing, and managing aircraft, including registrations with the FAA and the International Registry. He also has experience negotiating and preparing aircraft management and pilot services agreements, and charter agreements, and the purchase, sale and leasing of aircraft hangers. He also has experience with enforcement of aircraft loan documents, and the foreclosure of security interests and liens on fixed-wing aircraft and helicopters. Joe consulted for a foreign government leading up to the adoption of the Convention on International Interests in Mobile Equipment.

Additionally, Joe has done aerospace consulting work and assisted in litigation for the Russian Ministry of Communications, Intersputnik, Informcosmos, NPO-PM, NPO Energomash, and the Russian Space Agency on satellites, transponder leasing, launch vehicles, and fiber optic networks. Counterparties included NASA, Lockheed Martin, Hughes Communications, and Tongasat.

Joe has degrees in finance and accounting, graduated first in his law school class of more than 360, and was an editor of the Law Review. He delivers clear thinking and consistently superior guidance to his clients. He is widely recognized as tactical and strategic in his approach, while remaining focused on the economics of the transactions, and has been highly successful in closing complex transactions while managing client risks and objectives.

Joe and his wife co-founded HaitiChildren.org, formerly known as Mercy & Sharing, a charity operating orphanage, schools, and feeding programs in Haiti for more than 30 years. He enjoys music, playing the flute, saxophone, guitar and piano, and is an avid skier, snowboarder, and windsurfer.

Awards

  • Honoree, Super Lawyers, Real Estate (2007 – 2012, 2015 – 2024)

  • “AV Preeminent,” Martindale-Hubbell

  • Honoree, National Institute for Trial Advocacy, “NITA Advocate”

All Service Areas

All Practices

All Industries

Education

  • University of Miami School of Law (1979)

    J.D., magna cum laude

    University of Miami Law Review, Articles and Comment Editor

    Class Valedictorian – Graduated 1st in Class

  • University of Iowa (1976)

    B.BA., magna cum laude

Admissions

  • State - Colorado
  • Federal - U.S. District Court for the District of Colorado
  • Federal - U.S. Tax Court

Notable Matters

  • Represented seller of $59,000,000 residence in Pitkin County, Colorado featured in Wall Street Journal.
  • Represented seller of $48,750,000 residence in Aspen, Colorado featured in Wall Street Journal.
  • Represented buyer of $25,000,000 residence in Aspen, Colorado featured in Wall Street Journal.
  • Represented seller of $63,750,000 residence and vacant lot in Pitkin County, Colorado, featured in Wall Street Journal.
  • Represented buyer of $47,910,000 residential and commercial condominiums in Aspen, Colorado, featured in Wall Street Journal.
  • Represented purchasers and seller on transactions exceeding $2.78 billion on 350+ residential, hotel, land, and condominium properties in western Colorado.
  • Represented buyer of $43,950,000 residence in Aspen, Colorado featured in Wall Street Journal.
  • Represented purchaser in acquisition of $50,000,000 single-family residence in Aspen, Colorado, featured in the Wall Street Journal.
  • Represented lender on refinancing of $70,500,000 commercial loan in Beaver Creek, Colorado.
  • Represented seller in the sale of $45,000,000 single family residence in Aspen, Colorado, featured in the Wall Street Journal.
  • Represented purchaser in $33,000,000 acquisition and development of mixed use commercial building in Aspen, Colorado.
  • Represented seller in $22,000,000 sale of mixed use commercial building in Aspen, Colorado.
  • Represented foreign manufacturer of launch vehicle engines for Atlas V rockets.
  • Represented bidder in fixed base operation request for proposals.
  • Represented lender in financing of jet aircraft.
  • Represented assisted living and memory care operator in land use approvals.
  • Assisted in reorganization of fractional time-share project in western Colorado involving 1,000+ time shares interests.
  • Represented seller in $68,000,000 hotel sale.
  • Represented purchasers and sellers in various ranch transactions from 280 acres to 22,000 acres.
  • Represented lender on $32,550,000 construction loan for 160-unit multi-family project in Denver, Colorado.
  • Represented issuer in equity private placement for electronic-sports.
  • Represented manufacturer/international distributor of skincare products in asset sale to foreign-controlled distributor ($20,000,000).
  • Represented seller in the acquisition, site development, and sale of the two largest single-family residential sites in the history of Aspen, Colorado ($21,000,000 and $24,200,000).
  • Represented seller in acquisition, development, and sale of “Millionaire Miners Cabins” in Aspen, Colorado that was the subject of November 2, 2018, Wall Street Journal feature story ($18,500,000).
  • Represented buyers, sellers, and lenders in various aircraft transactions including financing of high-altitude helicopters, and structured management and pilot agreements for various single-engine and multi-engine aircraft.
  • Representation of Aspen Board of REALTORS© on real estate brokerage regulatory, licensing, and related matters.
  • In-bound investments from Australia, Singapore, New Zealand, and outbound investments in Argentina and Uruguay.
  • Acquisition of mortgage servicing rights to $180 million portfolio of FNMA/FHLMC conventional loans.

REPORTED CASES

  • Colarelli Construction Inc. v. Quinn, 17 CA 063 (Colo.App 2018), 2018
  • Kaufman v. Solaris Property Owner LLC, 11CA 0244 (Colo. App. 2012)
  • Westpac Aspen Investments, LLC v. Residences at Little Nell Development LLC, 10 CA 0363 (Colo. App. 2011)
  • Peters v. Smuggler-Durant Mining Corp., 910 P.2D 34 (Colo. App. 1995)
  • Bert Bidwell Investment Corp. v LaSalle and Schiffer, 797 P.2d 811 (Colo. App. 1990)
  • Mountain Queen Condominium Association, Inc. v. Haan, 753 P.2d 1234 (Colo. App. 1988)
  • Maddalone v. C.D.C., Inc., 765 P.2d 1047 (Colo. App. 1988)
  • Pardee v. Mostow, 757 P.2d 1148 (Colo. App. 1988)
  • Trueman Aspen Company v. North Mill Investment Corporation, 728 P.2d 343 (Colo. App. 1986)
  • Wooldridge Homes, Inc. v. Bronze Tree, Inc., 558 F.Supp. 1085, Fed.Sec.L.Rep. P 99,167 (1983)

Speeches and Publications

Publications

  • “Real Estate Loan Drafting Guidance: Colorado,” Thomas Reuters, Aug. 2023 (updated).
  • “Real Estate Leasing: Colorado,” Thomas Reuters, Jun. 2023.
  • “Real Estate Loan Drafting Guidance: Colorado,” Thomas Reuters, July 2022.
  • “Real Estate Finance: Colorado,” Thomas Reuters, Feb. 2023.
  • “Confusion in the Crosswalk: The Difficult Intersection of Mechanics Lien Law and Foreclosures in Real Estate Construction Projects,” CBA Real Estate Council Newsletter, Spring 2012.
  • “Agricultural land classification Anti-Abuse Provisions Target “Gentlemen’” Farm and Ranch Tax Breaks,” CBA Real Estate Council Newsletter, Fall/Winter 2011.
  • “Colorado Supreme Court Upholds Indemnification of Landlord by Tenant for Failure of Landlord to Maintain Shopping Center Parking Lot,” CBA Real Estate Council Newsletter, Spring 2011.
  • “Construction Disburser Notices: Tools for Troubled Times,” CBA Real Estate Council Newsletter, Spring 2010.
  • “Installment Land Contracts: A Potential Trap for the Unwary,” CBA Real Estate Council Newsletter, Fall 2010.
  • “Tenancy-in-Common: Financing and Legal Issues,” 33 Colorado Lawyer 89, 2004.
  • “Foreign Investment in U.S. Real Estate,” 22 Colorado Lawyer 1471, 1993.
  • “Promissory Notes as Securities,” 19 Colorado Lawyer 1585, 1990.
  • “Peculiarities of Resort Real Estate,” 19 Colorado Lawyer 2449, 1990.

Speeches

  • “Mechanics Liens,” Annual Colorado Construction Seminar, Mar. 2020.
  • “Designer Liability for Construction Defects,” Sherman & Howard Construction Seminar, Feb. 2018.
  • “Guide to Condo Conversions For Contractors & Developers,” Sherman & Howard Annual Colorado Construction Seminar, Feb. 2015.
  • “Tax Planning for Real Estate Lawyers 26th Annual Real Estate Symposium,” CLE in Colorado, Inc., 2008.
  • “Multi-Disciplinary Practice of Law,” 18th Annual Real Estate Symposium, CLE in Colorado, Inc., 2000.
  • “First World Summit on Financing for Satellite Communications and Broadcasting,” Euroconsult and Chase Manhattan Bank, Paris, France, 1997.
  • “Legislative Update: 12th Annual Real Estate Symposium,” CLE in Colorado, Inc., 1994.
  • “Residential Real Estate Contracts: CLE Summer School,” CLE in Colorado, Inc., 1994.
  • “1994 Legislative Update,” Colorado Bar Association Annual Convention, 1994.
  • “1993 Legislative Update, 11th Annual Real Estate Symposium,” CLE in Colorado, Inc., 1993.
  • “Real Property Practice Refresher,” CLE in Colorado, Inc.,1993.
  • “Program Chair and Moderator, Foreign Investment in U.S. Real Estate,” CLE in Colorado, Inc., 1993.
  • “Affordable Employee Housing,” Colorado Bar Association Annual Convention, 1992.
  • “Program Chair and Lecturer: Resort Real Estate,” CLE in Colorado, Inc., 1990.

News

Past Events

Community Involvement

  • The Mercy and Sharing Foundation

    A 501(c)(3) focused on the children of Haiti, Co-Founder

  • Pitkin County Planning and Zoning Commission

    Member
    Former Chair and Vice Chair

  • Aspen Area Community Plan

    Former Co-Chair

  • Pitkin County Board of Adjustment

    Former member

  • City of Aspen Historic Preservation Commission

    Former Chair and Vice Chair

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