We vigorously represent clients at all levels of federal and state courts, in the full spectrum of creditor-debtor proceedings, including bankruptcy proceedings, co-lender disputes, enforcement of guarantees, fraudulent and preferential transfer cases, inter-creditor disputes, lender liability cases, receiverships and appeals.
Beyond the courtroom, we provide advice in disputes and business transactions in such matters as advice to borrowers, lenders and guarantors; arbitration and mediation; asset identification and recovery; deeds in lieu of foreclosure; loan documentation, modifications, and workouts; recasting of leases; sale and purchase of distressed assets and tax considerations relating to insolvencies.
Matters representative of our business and litigation practice include:
- Represented Tort Claimants’ Committee in the case of the Spokane Catholic Diocese, and instrumental in the concept and drafting of Plan of Reorganization
- Chapter 11 restructure of operating and term loans to a telephone and electric utility operating in more than 20 markets through several operating subsidiaries, and redocumentation of restructured loan to perfect security interests in all operating assets
- Resolution of major lender liability litigation through a Chapter 11 plan structured to bind non-debtor claimants who also asserted claims against target of lender liability claims
- Precedent-establishing case concerning successor liability, equitable subordination and UCC Article 9 Out-of-court liquidation of fruit grower and processor for secured creditor through continued operations during evaluation and marketing period, operating leases with prospective purchaser and ultimate sale following acquisition of assets by lender through deed in lieu of foreclosure
- Represented local bank in a check-kiting scheme against bank’s customers and other national banks involving complex UCC Commercial Paper issues
- Established priority of claims of major railroad and other carriers over secured lender to funds paid by shippers in bankruptcy of transportation broker