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Creditors' Rights & Bankruptcy

Our Creditors’ Rights and Bankruptcy Team is a recognized leader in providing strategic counsel to clients in all aspects of distressed financial transactions. Providing services in bankruptcy, receivership, out of court restructurings, and related financial services litigation to parties in the Northwest and nationally, Lane Powell works to obtain optimal outcomes and maximize recoveries. We have extensive experience representing financial institutions, secured creditors, private debt funds, special servicers, trade creditors, creditors’ committees, receivers, trustees, purchasers and borrowers in bankruptcy, receiverships, and other creditors’ rights matters.  

We have in-depth industry knowledge in technology, agriculture, hospitality, forestry, manufacturing, real estate, energy, utilities, media, and retail. Our team counsels clients in these and other industries on issues related to drafting and enforcement of loan documents, restructuring and bankruptcy, and receiverships or assignments for benefit of creditors. Chambers USA has recognized our team as a “highly rated player” for creditor representation.

Bankruptcy

Our team has extensive bankruptcy experience, representing secured creditors, trustees, debtors, creditors’ committees, DIP lenders, asset purchasers and other parties of interest in bankruptcy cases in the Northwest and throughout the U.S. We handle all aspects of bankruptcy cases, including cash collateral, adequate protection, relief from stay, 363 sales, DIP financing and plan confirmation. We represent parties in fraudulent conveyance, preference, breach of fiduciary duty claims, equitable subordination, lender liability actions and other bankruptcy-related adversary proceedings and litigation.

Our experience includes representing clients in international insolvency matters, especially in representing foreign receivers and trustees in Chapter 15 cases and cross-border workouts. In fact, Lane Powell filed one of the first Chapter 15 cases in the U.S. after its enactment and obtained the first order recognizing a foreign representative in the U.S. Bankruptcy Court.

Members of our team frequently participate as leaders and lecturers in numerous bankruptcy and turnaround professional organizations including the Turnaround Management Association, American Bar Association, ALI/ABA, American Bankruptcy Institute, Northwest Bankruptcy Institute, American College of Bankruptcy Attorneys, and American College of Commercial Finance Attorneys.

Receivership

Lane Powell’s attorneys represent parties in all aspects of receivership proceedings. Our team’s vast experience representing petitioning creditors, court appointed receivers, secured lenders, loan servicers, asset purchasers, trade creditors, voluntary petitioners, and other parties in interest in receivership cases allows the team to provide efficient and effective counsel. Our experience includes guiding companies and creditors through effective reorganizations or orderly winddowns in receivership across many different industries including commercial real estate, hospitality, cannabis, agriculture and food services, retail, and manufacturing. The team is composed of recognized leaders in Northwest receivership practice who leverage their broad experience and relationships with many of the Northwest’s leading receivers to achieve their client’s goals.

Restructuring and Workout

When a company becomes financially distressed, our team of experienced attorneys routinely assists in all phases of out of court restructuring, workouts, and loan enforcement. From negotiating asset sales, refinancings, restructuring loans, forbearances, deeds in lieu, foreclosures, or orderly winddowns and other enforcement remedies, we provide strategic counsel to maximize value for the key stakeholders. Our team works collaboratively to plan for all contingencies while working to achieve a solution that fits the business and situation presented.

Dispute Resolution & Litigation

We have an outstanding track record for successfully representing financial institutions, creditors’ committees, agent banks, borrowers, prospective purchasers and others in state, federal, and bankruptcy litigation. Our experience includes matters related to:

  • Lender liability;
  • Intercreditor disputes;
  • Priority disputes and other Uniform Commercial Code matters;
  • Provisional remedies, foreclosure, and replevin;
  • Fraudulent conveyance claims;
  • Contested cash collateral hearings;
  • Plan confirmation disputes;
  • Preference actions; and
  • Breach of fiduciary duty claims.

Recognition

Our Creditors' Rights and Bankruptcy Team has consistently been recognized as the “number-one creditor practice in the Seattle area” and “one of the largest and strongest bankruptcy groups” in the region by Chambers® USA: America’s Leading Lawyers for Business. One client enthused, “This team’s strength lies in simplifying complex legal matters, they are strong on follow-up and are exceptional at anticipating potential challenges and talking through them.” Another adds, “They are highly knowledgeable and put us in a position to make informed decisions and calculated risks when necessary.” We have also been highly ranked in the U.S. News – Best Lawyers® annual “Best Law Firms” survey, where sources describe Lane Powell as “second to none” in bankruptcy and recognize the firm for its “experienced, professional, personalized and effective counsel.”

  • Service_LandlordTenantResponseTeam
  • Awards_Best Law Firms 2023
  • Chambers USA Leading Firm 2022

Contacts

  • Gregory R. Fox
    D.206.223.7129
    foxg@lanepowell.com
  • David W.  Criswell
    D.503.778.2198
    criswelld@lanepowell.com

Related Practices & Industries

  • COVID-19 Landlord/Tenant Response Team
  • Finance & Banking
  • Financial Institutions Litigation & Investigations
  • Litigation

Get to Know Us

Experience

  • Turning Point Consulting Sale and Liquidation of Briggs Nursery, LLC
    Advised Turning Point — in its capacity as general receiver — in the sale and liquidation of Briggs Nursery, LLC.
  • In re Vanguard Electronics, Inc. Bankruptcy
    Representation of Chase Manhattan Bank in Vanguard Electronics, Inc.
  • In re Western Farmers Association Bankruptcy
    Representation of Western Farmers Association, debtor in a Chapter 11 case.
  • In re Metropolitan Mortgage & Securities Co. Inc. Bankruptcy
    Co-counsel to Metropolitan Mortgage & Securities Co. Inc., debtor in Chapter 11 case.
  • In re Liberty House, Inc. Bankruptcy
    Representation of Nordstrom, Inc. in Liberty House, Inc.
  • In re Inside Sports Magazine
    Represented Official Committee of Unsecured Creditors in Inside Sports magazine.
  • In re TreeSource Industries, Inc. and Quality Bankruptcy
    Representation of General Electric Capital Corporation in TreeSource Industries, Inc. and Quality Bankruptcy.
  • Alaska Interstate Construction, L.L.C. Strategic Advise on Tercon Alaska Ltd. Receivership Asset Purchase
    Advised Alaska Interstate Construction regarding possible acquisition of mining equipment out of Canadian court receivership proceedings in Vancouver, British Columbia.
  • American Marine Bank v. Riverstone Development LLC
    Represented Robert Steinberg, the general receiver of a local development company that owns a partially completed condominium project, in completion and sale of the units.
  • Bitvestment Partners LLC f/k/a Dalsa Barbour LLC In re Alydian
    Represented creditor client, Bitvestment, in fighting a debtor's request to auction its bitcoin-mining rigs, which has resulted in a settlement in Bitvestment’s favor.
  • Gladstone Capital Sale of Assets of Spirit of Alaska Radio to Ohana Media Group
    Represented lender Gladstone Capital in the sale of radio station assets out of the Spirit of Alaska Radio federal court receivership proceeding, and in closing the sale of the radio station assets to Ohana Media Group for $1.3M.
  • KeyBank N.A. In re Matrix Development Corporation a/k/a Legend Homes
    Case No. 08-32798U.S. Bankruptcy Court, District of Oregon
    Represented KeyBank as regional northwest counsel on various land development and other loans to borrowers in Oregon, Washington and Alaska, as well as on a variety of defaulting real estate loans.
  • Lenco Mobile, Inc. In re Archer U.S.A., Inc.
    U.S. Bankruptcy Court, Western District of Washington
    Represented Chapter 11 debtors Lenco Mobile and Archer U.S.A. in the bankruptcy of two technology companies involved in the delivery of information via mobile platforms.
  • Oregon Health Authority and Oregon Insurance Division Medicaid Reform
    Acted as Special Assistant Attorney General in connection with the reform of the Oregon Medicaid program, resulting in a network of new coordinated care organizations.
  • Prium Companies v. Spokane Rock 1, LLC
    Defended Spokane Rock 1 against an attempt by Prium Companies LLC to wrest control of an office complex, eventually obtaining a dismissal and default sanctions, and an award of attorneys' fees.
  • Royal Bank of Canada In re Prism Helicopters Inc.
    Advised Royal Bank of Canada with respect to a Canadian helicopter company, with affiliate companies based in Alaska, in multiple Canadian and U.S. bankruptcy matters.
  • Snohomish County v. Bruner Addition at Mill Creek, LLC, et al
    Case No. 10-2-08535-0Snohomish County Superior CourtEverett, Washington
    Represented lender in a declaratory relief action to determine ownership to valuable land use entitlements following lender's non-judicial foreclosure of land held for development.
  • Washington Federal Savings Loan Association v. McNaughton
    Case No. 325 P.3d 383Washington Court of Appeals
    Represented lender in a case where Division I of the Washington Court of Appeals strengthened the ability of a real estate-secured lender to cost-effectively obtain a deficiency judgment against a commercial guarantor.
  • Washington Federal v. Harvey
    Case No. 340 P.3d 335Washington Supreme Court
    Represented lender in a case where the Washington Supreme Court upheld the right of a lender to obtain a deficiency judgment against a commercial guarantor even if the foreclosed deed of trust also secured the guarantors’ guarantees.
  • In re Pacific Forest Products
    Served as debtor’s counsel for Chapter 11 of sawmill.
  • In re Glacier Bay Airways
    Served as counsel for creditor aircraft lender in air taxi Chapter 11 case.
  • Ortega v. Northwest Trustee Services
    Obtained dismissal of wrongful foreclosure lawsuit including affirmance of trial court decision before Court of Appeals.
  • In re Wave Wholesale
    Served as secured lender’s counsel in Chapter 11 of food wholesale distributor in rural Alaska.
  • In re Forcenergy
    Served as counsel for creditor oil service company in the bankruptcy reorganization of an oil and gas company.
  • In re Yute Air
    Served as counsel for creditor aircraft lender.
  • In re Nichols Bros. Boat Builders
    Case No. 07-15522U.S. Bankruptcy Court, Western District of Washington
    Represented purchaser of partially completed commercial vessel.
  • In re CHG International, Inc. Bankruptcy
    Counsel to CHG International, Inc. in Chapter 11 case.
  • In re Onlineshoes.com, Inc. and Shoes.com, Inc.
    King County Superior Court
    Represented petitioning creditor in Washington state court receivership of an online retailer that resulted in payment in full of the creditor’s claim.

Our Insights

  • November 8, 2022Event / CLE
    Cryptocurrency Assets in Bankruptcy
    MyLawCLE | Virtual
  • November 3, 2022News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2023
    Awards & Honors
  • October 7, 2022Event / CLE
    Cryptocurrency and Bankruptcy Law
    National Business Institute | Virtual
  • September 23, 2022Event / CLE
    Lender Beware: Lender Liability 
    Turnaround Management Association | Vancouver, Canada
  • August 18, 2022News

    The Best Lawyers in America© 2023 Recognizes 90 Lane Powell Attorneys

    Awards & Honors
  • July 28, 2022News

    Three Lane Powell Attorneys Recognized by Super Lawyers in Alaska for 2022

    Awards & Honors
  • July 14, 2022News

    Forty-four Lane Powell Attorneys Recognized by Super Lawyers in Washington for 2022

    Awards & Honors
  • July 1, 2022News

    Fifteen Lane Powell Attorneys Recognized by Super Lawyers in Oregon for 2022

    Awards & Honors
  • June 29, 2022Publication
    So You Thought Your Lien Had Priority? Washington Supreme Court Ruling Threatens the Lien Priority of Certain ‘Optional’ Real Estate Secured Future Advances
    Finance & Banking Legal Update
  • June 1, 2022News
    Lane Powell Again Ranked Among Top Firms in 2022 Chambers® USA
    Awards & Honors
  • January 26, 2022News
    Three Lane Powell Attorneys Named in Lawdragon’s 500 Leading US Bankruptcy & Restructuring Lawyers List for 2022
    Awards & Honors
  • January 4, 2022News
    Lane Powell Elects New Shareholders
    Firm Announcement
  • November 4, 2021News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2022
    Awards & Honors
  • August 19, 2021News
    The Best Lawyers in America© 2022 Recognizes 90 Lane Powell Attorneys
    Awards & Honors
  • July 15, 2021News
    Forty-Three Lane Powell Attorneys Recognized by Super Lawyers for 2021
    Awards & Honors
  • May 20, 2021News
    Lane Powell Again Ranked Among Top Firms in 2021 Chambers® USA
    Awards & Honors
  • May 12, 2021Event / CLE
    Financial Disasters: Risks and Rights When Insolvency Strikes
    American Council of Engineering Companies | Virtual
  • November 5, 2020News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2021
    Awards & Honors
  • September 3, 2020Publication
    Another Court Tells the SBA That PPPs Are Not Like Other SBA 7(a) Loans
    COVID-19 Resource
  • August 31, 2020News
    Lane Powell Launches COVID-19 Landlord/Tenant Response Team
    Firm Announcement
  • August 20, 2020News
    The Best Lawyers in America© 2021 Recognizes 92 Lane Powell Attorneys
    Awards & Honors
  • August 6, 2020News
    Three Lane Powell Attorneys Named in Lawdragon 500 Leading US Bankruptcy & Restructuring Lawyers for 2020
    Awards & Honors
  • July 28, 2020News
    Three Lane Powell Attorneys Recognized by Super Lawyers in Alaska for 2020
    Awards & Honors
  • July 16, 2020News
    Thirty-Two Lane Powell Attorneys Recognized by Super Lawyers in Washington for 2020
    Awards & Honors
  • July 6, 2020News
    Ten Lane Powell Attorneys Recognized by Super Lawyers in Oregon for 2020
    Awards & Honors
  • April 23, 2020 News
    Lane Powell Again Ranked Among Top Firms in 2020 Chambers® USA
    Awards & Honors
  • March 28, 2020Publication
    Why Everyone CARES About SBA Loans: Paycheck Protection Program and Economic Injury Disaster Relief for ‘Small’ Businesses
    COVID-19 Resource
  • February 19, 2020News
    Geppert Joins Creditors’ Rights & Bankruptcy Team
    Firm Announcement
  • November 1, 2019News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2020
    Awards & Honors
  • October 29, 2019Event / CLE
    Lending Horror Stories - A Cautionary Tale From Industry Professionals
    The Puget Sound Developing Professional Group | Seattle
  • August 15, 2019News
    The Best Lawyers in America© 2020 Recognizes 63 Lane Powell Attorneys
    Awards & Honors
  • August 4, 2019News
    In Memory of Malcolm C. Lindquist
    Firm Announcement
  • July 5, 2019News
    Twenty-one Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
    Awards & Honors
  • June 10, 2019News
    Thirty-one Lane Powell Attorneys Named ‘Washington Super Lawyers’ and Nine Named ‘Washington Rising Stars’
    Awards & Honors
  • June 4, 2019News
    Lane Powell Announces New Leaders, Reinforcing Focus on Innovation & Talent
    Firm Announcement
  • April 26, 2019News
    Lane Powell Again Ranked Among Top Firms in 2019 Chambers® USA
    Awards & Honors
  • January 7, 2019News
    Fox Elected Member of American Law Institute
    Awards & Honors
  • November 1, 2018News
    US News – Best Lawyers® Ranks Lane Powell Among Nation’s Top Law Firms for 2019
    Awards & Honors
  • August 15, 2018News
    The Best Lawyers in America© 2019 Recognizes 62 Lane Powell Attorneys
    Awards & Honors
  • August 15, 2018News
    Brunnquell Joins Lane Powell on Creditors’ Rights & Bankruptcy Team
    Firm Announcement
  • July 24, 2018News
    Twenty-three Lane Powell Attorneys Recognized by Super Lawyers in Alaska and Oregon
    Awards & Honors
  • June 18, 2018News
    Thirty-two Lane Powell Attorneys Named ‘Washington Super Lawyers’ and 14 Named ‘Washington Rising Stars’
    Awards & Honors
  • June 5, 2018Event / CLE
    Northwest Receivership & Insolvency Professionals Forum
    Lane Powell Seminar | Seattle
  • May 3, 2018News
    Lane Powell Again Ranked Among Top Firms in 2018 Chambers® USA
    Awards & Honors
  • April 13, 2018Event / CLE
    From Fade Away to Liquating Plan: Considerations When Advising How to Liquidate a Distressed Business
    Oregon Bar Association & Washington State Bar Association | Seattle
  • November 1, 2017News
    U.S. News and Best Lawyers Ranks Lane Powell Among the Nation’s Top Law Firms for 2018
    Awards & Honors
  • August 14, 2017News
    Criswell Joins Lane Powell’s Creditors’ Rights Team
    Firm Announcement
  • August 14, 2017News
    Summers Joins Lane Powell’s Creditors’ Rights Team
    Firm Announcement
  • June 9, 2017News
    Thirty-one Lane Powell Attorneys Named ‘Washington Super Lawyers’ and 16 Named ‘Washington Rising Stars’
    Awards & Honors
  • May 30, 2017News
    Chambers® USA  Recommends Lane Powell in Multiple Categories for 2017
    Awards & Honors
  • August 17, 2016News
    Fifty-one Lane Powell Attorneys Named in The Best Lawyers in America® 2017
    Awards & Honors
  • July 9, 2014News
    Fifteen Lane Powell Attorneys Named ‘Oregon Super Lawyers’ and Five Named as ‘Oregon Rising Stars’
    Awards & Honors
  • June 13, 2014News
    Thirty-five Lane Powell Attorneys Named ‘Washington Super Lawyers’ and Fifteen Named as ‘Washington Rising Stars’
    Awards & Honors
  • June 11, 2014Publication
    Washington Court of Appeals Confirms Lenders’ Right to Obtain Deficiency Judgments Against Guarantors Following Nonjudicial Foreclosure of Commonly Used Form of Deed of Trust
    Community Banker
  • June 3, 2014News
    Chambers® USA Recommends Lane Powell in Multiple Categories for 2014
    Awards & Honors
  • June 14, 2013News
    Thirty-Six Lane Powell Attorneys Named ‘Washington Super Lawyers’ and Sixteen Named as ‘Washington Rising Stars’
    Awards & Honors
  • June 13, 2012News
    28 Lane Powell Attorneys Named ‘Washington Super Lawyers;’ 12 Named as ‘Washington Rising Stars’
    Awards & Honors
  • July 20, 2010News
    58 Lane Powell Attorneys Listed as Top Lawyers in Seattle Metropolitan Magazine
    Awards & Honors
  • June 6, 2010News
    28 Lane Powell Attorneys Named Washington Super Lawyers 2010
    Awards & Honors

Before proceeding, please note:  If you are not a current client of Lane Powell PC, please do not include any information in this email that you or someone else considers to be confidential or secret in nature.  Prior to the establishment of a lawyer-client relationship, unsolicited emails from non-clients containing confidential or secret information cannot be protected from disclosure.

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