Associated Grocers Inc.
Represent former large wholesale grocery distributer in wind down and liquidation of business. (Ongoing)
Bankruptcy proceeding for Educational Media Foundation
Representing a station owner and creditor in several radio station bankruptcies in acquiring stations and protecting secured claims. (Ongoing)
Cascade International Foods v. Transpacific Food
Represent berry broker in collection dispute under PACA with large customer. (Ongoing)
Represent lender in obtaining a receiver and liquidating a large commercial nursery in Oregon which secures a $16M loan.(Ongoing)
In re AmericanWest Bancorp
Represent Starbuck Bancshares in Chapter 11 proceedings of AmericanWest Bancorp, including acquisition of AmericanWest Bank in Section 363 sale. (Ongoing)
In re AMR Corp.
Represent Alaska Airlines Inc. in Chapter 11 bankruptcy proceedings of American Airlines. (Ongoing)
In re Big Nevada LLC
Represent Canadian receiver in Chapter 15 proceedings involving several operating casinos in Washington state. (Ongoing)
In re Borders Books Group, Inc.
Represent Seattle's Best Coffee in Chapter 11 bankruptcy proceedings of Borders Group, Inc. and its affiliates. (Ongoing)
In re Impex Development, LLC
Representation of defendant in action brought by the trustee for Impex. (Ongoing)
In re Plum TV, Inc.
Represent secured noteholders in Chapter 11 proceedings of Plum TV, Inc., including in connection with Section 363 sale. (Ongoing)
In re RS Legacy Corp. f/k/a RadioShack Corp., et al.
Defense of client against avoidance claims asserted by the liquidating trustee for creditors of RadioShack. (Ongoing)
In re Sports Authority Holdings, Inc., et al.
Representing landlords in connection with the Chapter 11 case of a national sporting-goods retailer. (Ongoing)
In re THQ, Inc., et al.
Representing technology company in the Chapter 11 bankruptcy of game publisher THQ, Inc. and its affiliates. (Ongoing)
Loan workout and collection for national and local banks; asset-based lenders
Representation of banks and asset-based lenders in numerous workouts, forbearance agreements and UCC foreclosures. (Ongoing)
PNC Bank, N.A.
Defense of national bank in numerous lawsuits relating to foreclosures and lender liability claims, including defense of class action lawsuit relating to recording fees. (Ongoing)
Representation of financial institution in Chapter 11 Bankruptcy filed by real estate entity
Represented a financial institution in the Chapter 11 bankruptcy filed by this real estate entity. After obtaining appointment of a trustee, drafted and obtained confirmation of a creditor's liquidating plan of reorganization. (Ongoing)
Russell Cranberry Company
Represent lender in obtaining a receiver and foreclosing on a commercial cranberry farm securing a $2M loan. (Ongoing)
Represented lenders in several dairy bankruptcies and workouts. (2005-2015)
In re City of Stockton
Representation of creditor in connection with the Chapter 9 bankruptcy case of Stockton, Calif. (2015)
In re Dungeness Development Associates, Inc.
Representation of a creditor in a case commenced as an involuntary Chapter 7 petition. (2015)
In re Edra D. Blixseth
Representing Chapter 7 trustee for the bankruptcy estate of Edra D. Blixseth, a former owner of the Yellowstone Mountain Club in Montana. (2015)
In re KSL Media, Inc., et al.
Defended a client against a substantial preference claim. (2015)
In re Source Home Entertainment, LLC, et al.
Representation of publisher in connection with the bankruptcy of a major wholesale distributor. (2015)
Cappello Capital Corp. v. AmericanWest Bank, et al.
Represented through dismissal appellee bank in appeal brought by an investment banking firm concerning professional services provided in connection with a structured sale through bankruptcy. (2014)
In re Altrec, Inc.
Representation of bidder for assets of sporting equipment company, which included negotiation of substantial post-bankruptcy financing agreement. (2014)
In re Idaho Bancorp
Representation of bidder for assets of an Idaho bank. (2014)
In re LLS America, LLC
Representation of various defendants in fraudulent transfer actions commenced against them by the bankruptcy estate. (2014)
Reorganization of pizzeria chain*
Represented the Prepetition Secured and DIP Lenders in the Chapter 11 cases of Sbarro LLC and its affiliated debtors. (2014)
Reorganization of special materials manufacturer*
Represented the Ad Hoc Committee of Second Lien Noteholders in the Chapter 11 cases of Momentive Performance Materials Inc. and its affiliated debtors, which included a $600 million rights offering backstopped in substantial part by the Ad Hoc Committee. (2014)
Stellar J Corp. v. Applied Filter Technology, Inc., et al.
Representation of lender in intercreditor dispute. (2014)
In re AES Eastern Energy, L.P.
Representation of an electrical system operator in the Chapter 11 bankruptcy case of AES Eastern and its affiliates. (2013)
In re American Airlines, Inc., et al.
Representation of clients in the Chapter 11 bankruptcy case of American Airlines, Inc., and its affiliates. (2013)
In re Cascade Ag Services, Inc.
Representation of bidder in Section 363 sale of assets of agricultural products manufacturer. (2013)
In re Dewey & LeBoeuf LLP
Advice to equipment lessor on an objection to the lessor’s claim and a threatened preference action. (2013)
In re Dynegy Holdings, Inc., et al.
Representation of an electrical system operator in the Chapter 11 bankruptcy case of Dynegy Holdings, Inc., and its affiliates. (2013)
In re Lindqust
Representation of landlord in the Chapter 11 case of a tenant’s guarantor. (2013)
In re TC Global, Inc.
Representation of bidder for assets of TC Global, Inc., which operated Tully's cafes. (2013)
In re Tru-Emaan
Representation of Baskin Robbins with respect to bankrupt franchisees. (2010-2013)
In re: Capitol Properties, LLC
Represented first perfected secured lender interests as to loan balance of about $4.7 million on commercial real estate in the E.D. California, including in reorganization process, and with respect to related adversary action challenging $1.5 million insider claim. (2011-2013)
In re: Krishan Corporation, dba Days Inn San Jose
Represented the purchaser of a CMBS originated secured real property loan. Judge complimented Mr. Polard to other lawyers at a conference on his trial skills. (2013)
Reorganization of Islamic investment bank*
Represented the Official Committee of Unsecured Creditors in the Chapter 11 cases of Arcapita Bank B.S.C.(c), a Shari’ah-compliant investment bank based in Bahrain with at the time over 30 portfolio investments worldwide, and its affiliated debtors. (2013)
Representation of financial institution in Chapter 11 Bankruptcy filed by real estate entity
Represented a financial institution in the Chapter 11 bankruptcy filed by this entity, which owns a rock quarry. Prevented approval of the debtor's motion to sell the client's collateral, free and clear of liens, on very unfavorable terms; plan of reorganization, with substantially improved payment terms, is about to be confirmed. (2013)
Banner Bank v. Jarman Hothi
Represented bank in in receivership, non-judicial foreclosure, and related bankruptcy proceeding by commercial borrower. (Spokane Cty. Sup. Ct. & E. D. Wash. 2012)
Cervantes v. T16 Management et. al.*
Granted motion to dismiss in adversary proceeding representing liquidating agent of a bankruptcy matter. (2012)
Creditor representation in Chapter 11 proceedings for Tri Cities Fast Lube
Represented franchisor and lender in Chapter 11 reorganization of Tri Cities Fast Lube, Santa Barbara, Calif. (2012)
Firestone v. Judge et al.
Represented mortgagee in adverse possession lawsuit. Obtained stipulated dismissal on favorable terms. (2012)
Gap Funding v. Oak Hill Roofing Co.
Represented plaintiff in breach of contract action, leading to advantageous settlement. (2012)
GE Comm’l Fin. Bus. Prop. Corp. v. Huey & Fong; In re Huey & Fong Trust; In re Kenneth Huey Family Trust, In re Huey & Fong
Defended servicing company of national finance company in bankruptcy dispute and related adversary proceedings and lawsuits. Obtained dismissal of bankruptcy cases within two months of filing; defended client in multiple litigation and adversary proceedings; negotiated recovery of all collateral and proceeds. (Bankr. W.D. Wash. 2009-2012)
In re Borders Group, Inc., et al.
Representation of Seattle's Best Coffee LLC in the Chapter 11 bankruptcy case of Borders Group, Inc. and its affiliates. (2012)
In re Consolidated Meridian Funds
Representation of investors in the consolidated Meridian Fund bankruptcy cases. (2012)
In re Evergreen Gaming Corp., et al.
Representation of Grant Thornton Limited as receiver and foreign representative in Chapter 15 cases involving several operating casinos in Washington. (2012)
In re MF Global, Inc., et al.
Representation of various parties with claims against large defunct commodities firm. (2012)
In re Pollo West Corp.
Represented primary secured lender in multi-location franchise restaurant bankruptcy in Los Angeles. Negotiated 100% payment under plan. (2011-2012)
In re Snokist Growers
Representation of growers with claims against bankrupt fruit distributor. (2012)
Meadowdale Plaza borrowers
Represented major financial institution in connection with receivership, non-judicial foreclosure and subsequent bankruptcy proceedings by borrowers. (2012)
Serenity at Juanita Owners Association v. Mortgage Electronic Registration Systems, Inc.
Represented defendant in quiet title action related to foreclosure of condominium unit under RCW 64.34.364. Obtained favorable settlement. (2012)
Washington Federal v. David Edelstein & Greenbriar Construction Corp.
Represented bank in five related lawsuits involving approximately $25 million of commercial loans acquired from FDIC, resulting in favorable global settlement. (Whatcom Cty. Sup. Ct. 2012)
Witt Co. v. Collaborative Community Education
Represented plaintiff in contract dispute. Successfully defended motion to dismiss and obtained judgment for plaintiff. (2012)
In re Circuit City Stores, Inc., et al.
Representation of major publishing company in a preference action brought by the Circuit City liquidating trust. (2011)
In re Coast Crane, Inc.
Represented secured lenders of Coast Crane in Chapter 11 proceedings of Coast Crane, Inc. including Section 363 sale process. (2011)
In re Columbia Mega Storage
Represented City National Bank in contested hearings to recover commercial warehouse facilities and subsequent foreclosure. (Bankr. W.D. Wash. 2011)
In re Contessa Premium Foods
Represented major secured lender in successful bankruptcy sale of large Los Angeles seafood processor, resulting in 100% payment. (2011)
In re Han
Represented Zions Bank as principal secured creditor in bankruptcy of owners and operators of Comfort Inn in Fairbanks. (2011)
In re ITI Internet Services, Inc.
Representation of financial institution in the Chapter 7 bankruptcy of a credit card processor. (2011)
In re Nortel Networks, Inc.
Represented Microsoft in successful bid for block of internet address numbers in Delaware bankruptcy sale. (2011)
Royal Group, Inc. – Weathervane Windows LLC Receivership
Represented creditor in receivership proceedings including objection to sale of assets. (2011)
Seattle Four Seasons project restructuring
Represented equity owners in restructuring secured debt and resolving construction litigation claims related to the Four Seasons project in Seattle. (2011)
Represented JELD-WEN, Inc. in connection with disposition of its interest in Suncadia Resort. (2011)
Groshong v. Sapp, et al.
Obtained favorable settlement for debtor Layne Sapp on preference and fraudulent transfer claims. (Bankr. W.D. Wash. 2010)
In re Cascade Grains, Inc.
Represented agent bank for senior loan syndicate in Chapter 11 bankruptcy of large grain ethanol plant. (2009-2010)
In re CIT Group, Inc., et al.
Representation of major technology company with financing contracts with affiliates of CIT Group in connection with the CIT Group bankruptcy. (2010)
In re McGrath’s Publick Fish House
Represented major secured lender in multi-location restaurant bankruptcy in Oregon and Washington. (2010)
In re PLVTZ, Inc., et al.
Representation of newspaper publisher in a preference action brought by the PLVTZ Chapter 7 trustee. (2010)
In re Pope & Talbot, Inc., et al.
Representation of various Canadian companies in preference actions brought by the Chapter 7 trustee for Pope & Talbot. (2010)
In re Qimonda Richmond, LLC
Represent consultant to debtor in sale of 300MM semi-conductor facility located in Richmond, Va. (Bankr D. Del. 2010)
Union Pacific Railroad v. Metropolitan Mortgage et. al.*
Represented national railroad corporation in indemnity and environmental clean-up matter in bankruptcy and federal district courts. Case settled favorably for client. (2010)
In re Delta Air Lines, Inc., et al.*
Representation of Delta Air Lines, Inc. and its affiliates in their Chapter 11 cases. (2009)
In re Farmington Center Salem
Represented senior lender to skilled nursing facility in contested Chapter 11. Filed and confirmed a joint creditor plan and resolved claim objections. Client paid in full through refinance under confirmed plan. (Bankr. Or. 2009)
In re Frontier Airlines Holdings, Inc., et al.*
Representation of Frontier Airlines and its affiliates in their Chapter 11 cases. (2009)
In re Lehman Brothers Holdings Inc., et al.
Representation of major regional independent system operator in connection with Lehman's Chapter 11 cases. (2009)
In re Lyondell Chemical Company, et al.*
Representation of major secured creditor of Lyondell Chemical Company and its affiliates in one of the largest debtor-in-possession financings on record. (2009)
In re Mastro
Representation of secured creditor of Michael Mastro in Mastro's Chapter 7 bankruptcy case. (2009)
In re WCI Communities, Inc., et al.*
Representation of secured creditor of homebuilder WCI Communities and its affiliates in their Chapter 11 cases. (2009)
Bankruptcy and tax code issues for major communications company
Represented the liquidating trustee of a major telecommunications company in potential litigation and ensuing negotiations involving complex bankruptcy and tax code issues that led to favorable confidential settlement. (2008)
Bankruptcy financing for commercial finance company
Represented the provider of $14 million in lease and secured finance deals throughout a contentious bankruptcy and post-bankruptcy workout. (2008)
Credit arrangement for national banking association
Provided a workout of commercial credit arrangement regarding debt in excess of $3.2 million. (2008)
Loan transaction for national banking association
Extended maturity date of a forbearance loan and modified corresponding loan agreement in order to facilitate further advance of $1.4 million toward development of real property. (2008)
Kary v. Wells Fargo Financial Bank*
Counsel for Wells Fargo Financial Bank in an adversary in bankruptcy proceeding in the Eastern District of Washington that concluded with a settlement on favorable terms. (2007)
In re: Adelphia Communications Corporation
Litigated a variety of contract claims against Adelphia in what was at the time the largest domestic bankruptcy. (2006)
In re Digital Domain*
Representation of major entertainment companies to protect their interests as patent licensees in connection with sale of patents for the conversion of motion pictures to a 3D format. (Bankr. D. Del.)
In re Downey Medical Center, Inc.*
Represented a nonprofit community acute care hospital in its successful bankruptcy reorganization via a standalone plan and municipal bond financing. Successfully litigated and negotiated millions of dollars in claims by and against insurers, regulators, health care providers, tort claimants, and hospital employees. (Bankr. C.D. Cal.)
In re M Waikiki LLC*
Representation of equity holders in successful reorganization of luxury hotel and related litigation with debtor’s former hotel franchisor, which concluded in settlement of litigation and confirmation of joint plan proposed by the debtor and equity holders. (Bankr. D. Haw.)
In re MSR*
Representation of major sports association in connection with the enforcement of its trademark license agreement with resort owner. (Bankr. S.D.N.Y.)
In re Pappas Telecasting, Inc.
Represented the Trustee in Bankruptcy as special communications counsel in the bankruptcy of Pappas Telecasting Companies, handling all regulatory representation of 25 television stations, assignment of stations' licenses, and other communications issues relating to the wind-up of the bankruptcy estate.
In re Solyndra*
Represented German equipment manufacturer in settlement with debtor. (Bankr. D. Del.)
In re Syms Corp.*
Represented acquirer of a Fifth Avenue office building in negotiating the termination of debtor’s retail lease in connection with closing of the acquisition. (Bankr. S.D.N.Y.)
Inventory liquidation for national bank
Represented a national bank in the negotiation and documentation of workout agreements with seafood processor and major secured creditors in connection with liquidation of inventory and equipment securing multimillion-dollar loans.
Official Committee of Unsecured Creditors v. Fatburger Directors and Officers
Represented eleven individual officers and directors sued as defendants for “insider” claims in eight separate adversary cases maintained by Chapter 7 trustee in the Fatburger bankruptcy cases, USBD CD CA. (Settled)
* Denotes experience completed at a prior firm