Brad Duncan represents major lenders and other constituencies in creditors’ rights, collection and other litigation matters in state and federal courts. He handles all phases of bankruptcy litigation and the Chapter 11 process, and has represented diverse interests in bankruptcies in the telecommunications, airline and energy industries. Brad is a former general counsel of a technology business, and has represented several technology companies from founding through funding in all phases of operations, from governance to employee relations.
Representative Experience
Holzman/Ostenson
Representation of client in fiduciary duty litigation arising from failure of organic packing house. (Ongoing)
In re Edra D. Blixseth
Representation of Chapter 7 trustee in major bankruptcy proceeding in Montana related to Yellowstone Mountain Club, including financial investigations and the assertion of complex claims in multiple adversary proceedings. (Ongoing)
Learned Family LLC/Foundation litigation
Representation of local developer in contract litigation. (Ongoing)
Banner Bank v. 25th and Yakima LLC
Investigation and litigation, in both state court and bankruptcy court, in connection with large Tacoma apartment building. (2011)
In re 312 E. Olive Place LLC
Represented apartment building owner in chapter 11 bankruptcy proceedings; successfully confirmed Plan of Reorganization. (2011)
Puget Sound Leasing & First Sound Bank v. Banner Bank
Litigation arising out of local bank’s acquisition of large lease portfolio resulted in successful settlement for client. (W.D. Wash. 2011)
In re Mastro
Representation in connection with claims against borrower and disposition of complex real estate collateral. (2009)
In re CCI
Represented largest secured creditor in bankruptcy proceeding of 20-store restaurant chain in Florida through all phases of case, culminating in sale of assets. (2008)
In re Strategic Restaurant Group
Represented largest secured creditor in bankruptcy proceeding of large mid-Atlantic restaurant chain. (2007)
In re Mirant
Represented major regional independent system operator in connection with complex claims and litigation over recovery of collateral supporting debtor's participation in market for distribution of retail electricity in New York. (2006)
In re Outsourcing Solutions Inc.
Represented committee of potentially responsible individual creditors in asserting hundreds of millions of dollars in claims and litigating complex claim treatment and recovery issues under the Bankruptcy Code relating to large contaminated property. (2004)
In re US Airways*
Represented a variety of creditors, including both provider of DIP financing, and trustee of $400 million in bonds used to finance construction of La Guardia airport shuttle gates, in complex negotiations and plan and other litigation. (2004)
In re Lombard Acquisition Company*
Represented debtor in case involving $100 million in secured debt and sale of assets at seven steel manufacturing and fabrication facilities around the country. (2003)
In re NRG*
Represented major regional independent system operator (creditor) in connection with complex claims and negotiations relating to participation in market for distribution of retail electricity in New York. (2003)
* Denotes experience completed at a prior firm