Represented debtor in reorganization and liquidation of litigation-embattled resort property. Settled multiple lawsuits, bought back outstanding timeshare interests, extinguished timeshare master lien with Secretary of State, reacquired judicially portioned parcels and sold entire premise to ski resort in “One of Oregon’s 25 largest M & A Deals of the Year.” Debtor completed reorganization and principals retired on the proceeds.
Represented purchaser of real property with non-disclosed liens. Sued vendor of real property in vendor’s bankruptcy case and obtained release of balance due to vendor under contract and release of vendor’s lien with title quieted in purchaser, free and clear of the bankruptcy estate.
Represented Official Committee of Unsecured Creditors in hotel reorganization case fraught with scorched earth litigation between the equity participants. Achieved 35% dividend for unsecured creditors from insolvent debtor.
Represented Official Committee of Unsecured Creditors in hospital fraud case. Investigated insiders of debtor through series of multi-state BR 2004 examinations. Now working with chapter 7 trustees’ attorneys in breach of fiduciary duty litigation in successor chapter 7 cases.
Represented insurance company along with two national law firms in Archdiocese of Portland Bankruptcy Case. Coordinated coverage litigation between multiple insurers, led numerous discovery issues and advised on bankruptcy and litigation strategy.
Represented principal government construction contractor in involuntary bankruptcy case filed by disgruntled former sub-contractors. Successfully litigated contractor out of bankruptcy resulting in a dismissal of the involuntary bankruptcy case.
Represented plaintiff/creditor in defendant’s fraudulent bankruptcy case. Result: Extensive multiparty, multi-jurisdictional litigation leading to settlement for two times the cost of creditor’s attorney fees.
Represented construction contractor in reorganization to stop ruinous litigation from tort claimants. Confirmed plan of reorganization, objected to creditors claims resulting in healthy survival of debtor’s business, free from prior litigation issues.
Represented construction contractor to remedy outstanding tax issues. Reduced federal taxes through an IRS offer in compromise, discharged additional federal taxes and state taxes in chapter 7 bankruptcy, paid IRS compromise through subsequent chapter 13 bankruptcy, discharging the remaining state tax liabilities in the chapter 13 bankruptcy.
Preservation of State Court Judgment
Represented tort judgment creditor in denial of discharge in judgment debtor’s chapter 7 bankruptcy case and successful objection to confirmation in judgment debtor’s successor chapter 13 case. Negotiated settlement secured by debtor’s appreciated real estate.
Filed corporate chapter 7 to stop foreclosure to enable trustee to orderly sell appreciated property owned by distressed business and to give debtor’s principals the time to sever out and purchase from the trustee a profitable division from the debtor entity.
Represented major credit card issuers in successful dischargeability objections and settlements in numerous bankruptcy cases.
Secured Creditors Rights
Represented various secured creditors in chapter 7 and chapter 13 proceedings to preserve their security interests in real property, personal property and future commissions and accounts receivable.
Successfully defended preference suit filed by debtor timber company against private New Mexico timberland owner. Debtor eventually assumed its contract with the timberland owner and assigned it to a creditworthy third party, assuring continuation of and satisfaction of contract.