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Bankruptcy & Creditors' Rights

Miller Nash Graham & Dunn has one of the most experienced bankruptcy and commercial workout teams in the Northwest. With over 100 years of combined experience, the members of the team aggressively represent clients in a wide variety of industries while finding practical and creative solutions in distressed financial situations. The team works on all aspects of commercial debtor/creditor matters, including:

  • Structuring loan agreements and other business transactions to minimize risk of loss in the event of bankruptcy or insolvency
  • Reviewing the administration of troubled loans to minimize lender liability
  • Working with lenders and borrowers to restructure existing loans inside and outside of bankruptcy
  • Protecting creditors’ interests and maximizing recovery on claims
  • Negotiating and documenting postpetition financing in bankruptcy and use of cash collateral inside and outside of bankruptcy
  • Pursuing and defending preference and fraudulent conveyance actions in bankruptcy and within state law
  • Representing bankruptcy trustees and receivers
  • Representing unsecured creditors’ committees
  • Representing foreign and domestic clients in multinational insolvency problems
  • Assisting financially troubled businesses
  • Assisting buyers and sellers of troubled assets inside and outside of bankruptcy

Representative Experience

Obtained favorable result from adversary proceeding for title insurance and bank clients regarding priority dispute involving equitable subrogation issues.
Represented secured trade creditor with security interest in accounts receivable and aircraft in Chapter 11 case of aircraft manufacturer.
Represented unsecured creditors’ committee in negotiating confirmed Chapter 11 plan for group of aluminum smelters and aluminum manufacturing businesses.
Represented bankruptcy trustee in appeal of preference case, leading to new law on the issue of how the ordinary course of business defense to an alleged preference applies to first-time transactions between a debtor and a creditor, and how the defense applies to restructuring agreements.
Represented secured lender in commencing federal receivership of one of the world’s largest distributors of building materials and wood products.