Creditor’s Rights & Bankruptcy Litigation
We have represented all kinds of creditors — ranging from a debtor’s friend who loaned funds to large banks and lending institutions — in state court collection actions, out-of-court work-outs, and Chapter 7 and 13 bankruptcy cases. We routinely assist creditor clients in proceedings regarding claims in bankruptcy, relief from the bankruptcy automatic stay, objections to bankruptcy plans, and objections to discharge or dischargeability of debts under the Bankruptcy Code. As part and parcel of this practice area, we are often called upon to advise or draft business documents such as asset purchase agreements, loan documents, and settlement agreements. Relatedly, we can review transaction documents to advise you how they would whether a future insolvency or bankruptcy situation. If a bankruptcy case is in the works or already pending, we can advise you of your rights and options in dealing with the impact of that case on you.
Representative Matters
- Negotiated and drafted loan agreements to obtain security interests in patents and other intellectual property and later filed suit against debtor for fraudulent transfer of assets
- Represented company with licensing rights to comic book series in suing debtor for non-dischargeability for sums debtor failed to repay in connection with cancelled events related to the comic book series
- Obtained non-dischargeability judgment for state court judgment of over $250,000 on claims of conversion and elder abuse by the debtor
- Successfully blocked Chapter 13 plan and negotiated settlement of claim where Debtor filed bankruptcy after fraudulently obtaining elderly mother’s signature on documents conveying house to debtor
- Represented mobile home dealer in negotiating treatment under chapter 13 plan of debtor mobile home purchaser
- Successfully blocked confirmation of Chapter 13 plan of ex-spouse on grounds of bad faith where the ex-spouse sold business assets prior to bankruptcy and, contrary to a state court order, spent the proceeds without paying dissolution obligations.
- Obtained $10 million claim in bankruptcy case as part of settlement resolving objections to discharge and dischargeability arising from fraud and ORICO claims.
- Assisted creditor in obtaining dismissal of bankruptcy case filed in bad faith involving marijuana business
- Obtained settlement with debtor after filing suit to object to discharge and dischargeability where debtor failed to schedule various assets, including undisclosed LLC interests and vehicles.
- Represented Chapter 7 trustee in various cases seeking recovery of preferential payments and fraudulent transfers, including value of trust assets payable to the debtor as a trust beneficiary and claims arising from elder abuse against the debtor.
- Negotiated settlement on behalf of multiple creditor clients regarding claims of bankruptcy estate of Eugene-based Ponzi-scheme finance company disputing ownership of assets of employer-sponsored defined benefit plan.
- Obtained judgment against bankruptcy attorney for legal malpractice based on attorney’s advice and conduct in pushing consumer debtor to buy a house prior to filing bankruptcy.