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Debtor-Creditor Litigation

Miller Nash Graham & Dunn's litigation team works closely with its insolvency team when issues of financial distress arise in litigation. These include:

  • Assisting when a party to litigation files bankruptcy or is placed into receivership
  • Planning litigation strategy and structuring settlement agreements to minimize the risk of loss in the event of bankruptcy or insolvency
  • Pursuing and defending claims for preferences and fraudulent conveyances
  • Litigating valuation issues

In addition, Miller Nash Graham & Dunn handles all types of litigation in the creditors' rights area, including:

  • Collection of judgments, including executions and garnishments
  • Pursuing judicial foreclosures of liens against real and personal property in both state and federal court
  • Completing nonjudicial foreclosures of liens against real and UCC Article 9 sales of personal property
  • Commencing receiverships, defending against actions for receivership, and representing receivers in receivership cases in both state and federal court
  • Filing claims in bankruptcy and receivership cases, and litigating claims disputes
  • Pursuing reclamation demands and litigating disputes over reclamation issues
  • Handling commercial landlord-tenant disputes
  • Reviewing the administration of troubled loans to minimize lender liability, and litigating lender liability claims when they arise

Miller Nash Graham & Dunn has a full-service insolvency team, handling all aspects of bankruptcy and receivership cases. For more information about those services, click here.

Representative Experience

Obtained summary judgment for credit union client on large loan collection claims and obtained summary judgment against defendants on lender liability counterclaims.
Obtained court approval for receivership to take possession of and collect rents from self-storage facility.
Claims of bad-faith bankruptcy filing were dismissed, enabling Greater Bay Bancorp to proceed with collection efforts on multimillion-dollar debt, and sanction judgment was entered against debtor and debtor’s counsel. The judgment is one of the largest sanctions imposed against a lawyer in the history of the court.
Obtained judgment for United States National Bank of Oregon for substantially all amounts sought by it and obtained defense verdict on various lender liability counterclaims seeking consequential damages in excess of $6.5 million.
Represented debtor-in-possession through Section 363 sale process and distribution to creditors under confirmed plan. Issues included Chapter 11 administration and sale of assets of liquidating, insolvent business.