The Bankruptcy and Creditors' Rights practice covers all aspects of creditor and debtor law, including bankruptcy, receiverships, foreclosures, workouts, loan documentation, and collections. Our attorneys have the experience to handle virtually any insolvency-related legal problem. We also work closely with other practice areas in the firm to advise on secured and unsecured financing, real estate and commercial transactions, and the purchase and sale of troubled companies.
Areas of Emphasis
Our bankruptcy attorneys have represented secured and unsecured creditors, debtors, trustees, financial institutions, landlords, purchasers, student loan guarantors, and other entities in a variety of situations, including the following:
- Stay relief proceedings
- Defense of preference and fraudulent conveyance claims
- Plan confirmation disputes
- Sales free and clear of liens and purchase of assets
- Cash collateral matters
- Nondischargability actions
- Assumption or rejection of leases and other executory contracts
Our firm pioneered the use of state court receiverships as an alternative to the cost and stigma of a Chapter 11 bankruptcy. Under appropriate situations, receiverships can offer a fast-paced, flexible method for liquidating a company’s assets or resolving two-party disputes.
Our attorneys provide assistance in general commercial collection matters, from reviewing credit applications and related documentation to minimize risk and maximize potential recovery, to preserving lien rights that might be available and assisting with collection in the event of default.
Beyond the courtroom, we counsel borrowers, lenders, and guarantors in matters involving asset protection, corporate governance, loan documentation, workouts, mergers and acquisitions, and tax considerations relating to insolvencies.
In recognition of their expertise, our lawyers have been appointed by the Bankruptcy Court to oversee individual and corporate Chapter 11 bankruptcies, involving a high profile ponzi schemer, a telecommunications firm with assets in several countries, a retail department store, and several real estate developers. In addition to serving as trustees our attorneys have been selected as state court receivers; as general or special counsel for debtors; and as counsel for trustees, receivers and creditors’ committees, in a variety of complex cases that have involved real estate, retail, manufacturing, high tech, and financial services. Our group’s lawyers frequently speak at seminars on insolvency-related topics and are leaders in bar and community activities.
Recent Representative Experience
Represented debtor-in-possession in successful reorganization of software company, with payout in full to all creditors and a return to investors
Represented debtor-in-possession in sale of quick service restaurant franchise with over 200 franchisees
Represented debtor-in-possession in liquidation of large steel company, involving numerous reclamation claims
- Represented the creditors’ committee in multi-state retail Chapter 11, resulting in distributions to unsecured creditors
Represented the creditors’ committee for a major fast food restaurant in bankruptcy
Represented receiver in liquidation of home décor business, resulting in payment in full of secured debt and a distribution to unsecured creditors
Initiated numerous Assignments for Benefit of Creditors as an aid to liquidation of small businesses, including a retail skin care company, photographic company, apparel distributor, and real estate ventures
- Provided special counsel on governance and corporate matters to several Northwest companies in bankruptcy
- Defended hundreds of student loan adversary proceedings where debtors sought to discharge student loans
Represented asset purchaser in retail product bankruptcy
Represented investment banker in fee dispute in contested Chapter 11 proceeding
Represented committee for tenants-in-common investors in Sunwest receivership/bankruptcy in Oregon (constituency of over 1800 TICs)
Represented PACA lien claimants in grocery store and restaurant bankruptcies, resulting in payment in full of claims
Represented supermarket chain in bankruptcy as special counsel in $40 million disposition pursuant to Chapter 11 plan of reorganization
Represented several guarantors in workout of real estate-related debts
Examples of Ongoing Representation
Representing general contractors, suppliers and others involved in construction and agricultural industries
Advising commercial banks regarding recovery and disposition of collateral or payment of lien claims in numerous cases
Successfully defending preference claims asserted against clients in cases around the country
Ongoing advice concerning liquidation of distressed real estate