Client Collaborations
All Representative Cases
Represent landlords in receivership and bankruptcy proceedings. The primary goal is to ensure timely payment of rent during the case and cure of defaults for leases that are assumed and assigned. Assist landlords with calculation of claims and recovery of collateral when leases are rejected and tenants vacate the premises. Handle these cases locally in state and bankruptcy courts, as well as in national bankruptcy cases, usually in Delaware, where large Chapter 11 retail cases are common.
Represented Mark Calvert, Chapter 11 Trustee of Northwest Territorial Mint LLC.
Represent licensors of intellectual property, service providers, and suppliers in receivership and bankruptcy cases locally and in Delaware and the Southern District of New York, among other places. The initial priority in newly filed Chapter 11 cases is to investigate the possibility of critical vendor status and negotiate payment terms going forward in the bankruptcy. Assist client with filing proofs of claim and monitoring notices in the case in order to object where necessary to ensure that amounts in default are paid as a condition to the assumption and assignment of any contracts between the clients and the debtors in connection with a sale of assets or plan of reorganization, or that licenses are not assigned without the client’s consent. Service providers and suppliers may also have unique liens and rights to reclaim goods, which require legal analysis and protection. On the back of a bankruptcy, helps clients resolve demands for alleged “preferential transfers” (payments made in the 90 days before bankruptcy that may be subject to refund), including obtaining settlements at substantially reduced amount or even dismissal of lawsuits.
Represented debtor in Coast Crane Company Chapter 11 liquidation.
Represented Port of Bellingham in the Olympic Boats bankruptcy.
Represented Mark Calvert, Chapter 11 Trustee of the Meridian Mortgage Investment Funds.
Represented the Post-Confirmation Creditors’ Committee in the Chapter 11 proceeding of Lawrence Kates.
Represented Creditors Committee of Liquidation Outlet, Inc.
Represented Lone Tree Point Seafood Company in its Chapter 11 case.