Creditor's Rights and Bankruptcy

McEwen Gisvold offers extensive experience in representing creditors and debtors. Our attorneys also have represented bankruptcy trustees and unsecured creditors' committees.

CREDITORS' RIGHTS

We appear in federal and state courts in both Oregon and Washington on cases involving the enforcement of the contractual obligations. These range from simple collection actions to disputes under the Uniform Commercial Code to complex breach of contract cases. We not only help our clients obtain a judgment, but also help our clients obtain payment and recover assets. We have used pre-judgment and post-judgment remedies to this end. Our experience includes obtaining appointment of receivers, prosecuting claim and delivery claims, other provisional process executing on judgments and foreclosing on liens. We also have litigated lender liability, fraudulent conveyance and business tort claims.

We have special expertise in real property foreclosure, both judicial and nonjudicial. Our foreclosures include office buildings, apartments, warehouses and manufacturing plants, undeveloped subdivisions, timber land, farm land and resort property, and even houses. We work with the secured party to determine if it is cost-effective to have a receiver appointed to collect the rents or income from the property during the foreclosure, and, if so, to have the receiver appointed.

Finally, we represent both creditors and debtors in structuring workout plans to avoid the need for litigation, foreclosure and bankruptcy.  
 
 

BANKRUPTCY

Bankruptcy Litigation

We appear in each of the bankruptcy courts in Oregon and Washington. We have represented creditors, debtors and trustees in adversary proceedings and contested matters. We are well versed in bankruptcy and commercial law, including bankruptcy procedures. We also offer significant bankruptcy appellate experience before the United States District Court, the Ninth Circuit Bankruptcy Appellate Panel and the Ninth Circuit Court of Appeals.

Creditors

We help creditors protect their interest and receive fair payment on their claims. We represent secured and unsecured creditors. We have experience in obtaining relief from the automatic stay, obtaining adequate protection on behalf of our clients, recovering assets and preserving our clients' interests in real and personal property. We have extensive experience in representing landlords when their tenants have filed for bankruptcy and face the prospect of the assumption, assignment or rejection of a lease. We also have substantial experience representing creditors in defense of preference claims.

Debtors

We represent business debtors who need relief under the Bankruptcy Code, including Chapter 11. We have negotiated business reorganizations, written plans and disclosure statements and assisted debtors in their efforts to reorganize. We have obtained confirmation of plans in the most difficult of situations. We also represent business debtors in Chapter 7 and 13 bankruptcy cases.

Trustees

We offer extensive experience in representing trustees in adversary proceedings and contested matters. Our attorneys have represented trustees in Oregon and southwestern Washington.