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Creditor’s Rights & Bankruptcy Litigation

We have represented many types of creditors in state court collection actions, out-of-court settlements, and in contested matters and adversary proceedings in bankruptcy cases, including claims litigation, relief from stay proceedings, objections to plan confirmation, and objection to discharge or dischargeability of debts under the Bankruptcy Code.

Representative Matters

  • 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.
  • Defended contractor against objection to dischargeability of debt arising from pre-petition breach of contract regarding completion of a beach house.
  • 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.
  • Defended doctor against claims objecting to discharge of indebtedness owing to bank based on representations on financial statements.
  • Represented Chapter 7 trustee in many 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.
  • Successfully defended business owner in state court and arbitration regarding claims of fraud and elder abuse on loans of over $100,000.
  • Defended restaurant owner debtor from claims of non-dischargeability of over $400,000 arising from pre-petition employment claims.
  • Negotiated settlement on behalf of multiple clients regarding claims of bankruptcy estate of Eugene-based Ponzi-scheme finance company disputing ownership of assets of employer-sponsored defined benefit plan