Creditors, receivers, and trustees throughout the Northwest turn to Miller Nash for its workout and collection solutions. Comprising over a century of combined experience, our attorneys are recognized as among the leading bankruptcy and creditor’s rights team in the region, including by Super Lawyers, Best Lawyers, Chambers & Partners, and Lawdragon. Our lawyers are licensed and actively practice in state and federal courts in Oregon, Washington, Idaho, California, Delaware, and New York, providing our clients with national representation.
With a focus on commercial credits, we represent regional and national lenders, creditors’ committees, trade creditors, court-appointed receivers, asset purchasers, and commercial landlords in a wide range of collection and insolvency situations. In addition to general commercial collections, we have significant industry expertise with credits involving commercial real estate, senior housing, health care, food processing, manufacturing, agriculture, timber, and intellectual property. Our practices include:
We represent creditors, landlords, creditors’ committees, and asset purchasers in all manner of bankruptcy proceedings. With offices in Portland, Seattle, and Vancouver (WA), we routinely appear in bankruptcy proceedings in Oregon and Washington in connection with plan negotiations and confirmation objections, representation of lenders in post-petition financings and cash collateral authorizations, motions for relief from stay, preference and fraudulent transfer litigation, and contract rejections and assumptions, including lease negotiations and acquisitions of assets.
Foreclosures and Collection Actions
Our team has extensive experience representing secured, unsecured, and trade creditors in foreclosure and collection actions throughout Washington, Oregon, and Idaho. Our practice includes representation of secured lenders in judicial and non-judicial foreclosures, enforcement actions under the Uniform Commercial Code, collection proceedings for unsecured and trade creditors, post-judgment collections, and deficiency actions against guarantors. We have specific experience in commercial loan collections, agricultural, construction, and mechanic’s lien foreclosures, equipment repossession, and lease deficiency actions.
Supported by our financial services team, our attorneys advise lenders on a wide-range of workout options for distressed credits. Our workout practice includes the negotiation and documentation of forbearance and loan modification agreements, default waivers, deeds in lieu of foreclosures, out-of-court liquidations, and distressed debt sales and purchases. Our clients include national and regional lenders.
Miller Nash represents lenders in lender liability actions in Oregon and Washington. Representative matters include defense of actions brought under the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), Oregon and Washington mortgage lending regulations, and state and federal consumer protection laws.
We represent both court-appointed receivers and creditors in receivership proceedings under Oregon’s Receivership Code (ORS Chapter 37) and the Washington Receivership Act (RCW Chapter 7.60). Our receiver clients include the most experienced court-appointed receivers in Washington and Oregon, including general receivers appointed to oversee business liquidations (both going concern and non-operating). We also represent lenders in obtaining the appointment of receivers to protect and preserve collateral while foreclosure is pending and to liquidate collateral and assets, secured and unsecured creditors in lien preservation and collection rights in receivership proceedings, and purchasers in connection with the sale of assets out of receivership.
Judgment Enforcement and Post-Judgment Remedies
Our team represents creditors throughout the United States in enforcing and collecting on judgments. Our services include representing creditors and receivers in judgment execution and foreclosure sales, garnishments, judgment debtor examinations and asset tracing, fraudulent transfer actions, and domestication of foreign and federal judgments.
Our team has substantial experience representing commercial landlords in the Seattle and Portland metro areas in eviction actions and insolvency proceedings. Our practice includes office, retail, and industrial leases, agricultural tenancies, and collection of rent deficiencies and amounts owed for damages to premises following lease termination. We also represent landlords in connection with tenant bankruptcy filings, including in connection with lease assumption and rejection, obtaining payments of post-petition rents, and plan negotiations.