Client Collaborations
All Representative Cases
Represented buyer of distressed debt from national bank.
Court appointed examiner in In re Archer USA, Inc., U.S. Bankruptcy Court for the Western District of Washington.
Represented Creditors Committee in Trident Water Works.
Represented secured creditor in the sale of assets of an oil company in Chapter 11, subsequently converted to Chapter 7. Objected to the Chapter 11 sale of real property because the creditor did not consent and the price would not satisfy the lien in full. The court denied the motion and converted the case to Chapter 7. Assisted in negotiation and obtained approval of the sale of collateral by the Chapter 7 trustee, resulting in payment of the creditor nearly in full and a large carveout for creditors of the estate.
Represented Nichols Brothers Boat Builders, Inc. in its Chapter 11 reorganization and court approved sale of its business.
Kept state-court receiver in place to preserve creditor client's collateral during a Chapter 11 case. Objected to the debtor in possession’s cash collateral motion to make repairs, due to no adequate protection or business justification. Obtained documents by subpoena and deposed the debtor’s principal and appraiser. After an evidentiary hearing, the court denied the motion and granted relief from stay instead. The bankruptcy case converted to Chapter 7, and creditor foreclosed.
Represented Entranco, Inc. in its Chapter 11 reorganization and court approved sale of its business.
Represented secured creditor in seeking to affirm on appeal a receivership sale order that included an excise tax exemption. King County Superior Court granted the receiver an excise tax exemption on the sale of Clark County real estate, subject to the client’s judgment. The state appealed. The issue was whether the receiver’s sale was “upon execution of a judgment” under RCW 82.45.010(3)(j). Wrote response brief and offered oral argument on this issue of first impression. Court of Appeals reversed the exemption order in a published opinion.
Represented primary secured lender in bankruptcy of Chelsea Investment, Inc.