|Ater Wynne’s Creditors' Rights, Reorganization, and Bankruptcy Group is experienced in all aspects of creditors' rights and insolvency law, including representation of institutional lenders, indenture and other trustees, secured and unsecured creditors, creditors' committees, custodians, debtors and debtors in possession, bankruptcy trustees, and receivers.
As examples of our depth in this area, we have represented an indenture trustee with respect to $100 million in publicly-traded securities, negotiated cash collateral orders involving leading institutional lenders in Oregon, concluded a successful workout involving a retailer with operations in 26 states, represented a custodian holding $425 million in securities, represented Fortune 500 companies in defending against bankruptcy “preference” actions, taken summary judgment against a lender who breached a subordination agreement, and represented a purchaser of a bankrupt mining smelter.
Unlike many firms, whose practice is limited primarily to the bankruptcy area, the lawyers in our group can consult with experts in other areas of the law, such as venture capital and finance, bonds, securities law, real estate, tax, environmental law and litigation. Such expertise allows Ater Wynne to provide efficient service (especially in complex Chapter 11 reorganizations) at a reduced cost to the client, who oftentimes has already suffered financial losses.
Representation of Institutional Lenders
We actively represent lenders with respect to matters outside bankruptcy, such as workouts, foreclosures and collection actions. In the bankruptcy context, we have significant experience in representing lenders who, for example, oppose use of their cash collateral, or who desire to provide post-petition financing to debtors in possession.
Representation of Secured, Unsecured Creditors, Lessors
We have represented secured creditors with respect to repossessing and foreclosing on their collateral, be it logging or computer equipment, real estate, accounts receivable or business operations. In the bankruptcy context, we have represented secured creditors' interests in such matters as filing involuntary petitions (and recovering their attorneys' fees for having done so), moving for relief from the automatic stay or for adequate protection, moving to dismiss the bankruptcy petition or to convert the bankruptcy proceeding to another chapter, and moving for appointment of a trustee. We frequently defend clients against preference and fraudulent transfer actions brought by debtors and bankruptcy trustees.
Representation of Debtors, Debtors in Possession and Creditors' Committees
Workouts are a common method of trying to avoid bankruptcy, and we have experience in all forms of workouts, be it a rescheduling of debt payments or voluntary reduction in creditors' claims. If a workout cannot be accomplished, we are experienced in representing debtors in possession, be it privately or publicly-held companies, high-technology or wood products manufacturers. Likewise, we are experienced in representing creditors' committees appointed pursuant to 11 U.S.C. §1102.
Representation of Bankruptcy Trustees and Receivers
In reorganization proceedings, bankruptcy trustees are appointed when there is cause to do so, in which case the trustee succeeds to the management of the company. In liquidation proceedings, trustees are always appointed. We are experienced in representing trustees in both Chapter 11 and 7 proceedings in cases ranging from a world-renowned agrifloral business to a dental practice.
In bankruptcy proceedings, assets of the debtor are frequently sold for purposes of streamlining the debtor’s operations, generating cash to use in the reorganization process or liquidating the business. We are experienced in a broad variety of transactions concerning the sale of real and personal property, including the sale of agrifloral patent rights to a Dutch purchaser, bids ranging from the purchase of an experimental heart monitoring device to computer technology related to domestic security, the purchase of a large office building in downtown Portland, and the sale of registered trademark rights.
Food & Beverage
Footwear & Apparel
Technology & Telecom
|Bank of America, N.A.
Bank of New York
Bank One Corporation
BNY Western Trust Co.
First Indiana Bank
FLIR Systems, Inc.
North Star Trust Co.
Teck Cominco American, Inc.
Union Bank of California, N.A.
U.S. Bank National Association
Wells Fargo Bank
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Legal Articles and Alerts
|Creditors' Rights & Bankruptcy Attorneys:
|Gregg D. Johnson (Contact, Portland)
Valerie D. Fisher
Daniel P. Larsen