Creditor's Rights
My creditor’s rights practice includes the collection of commercial debt, debt that is secured by real or personal property, and protection of creditor’s interests under Federal bankruptcy law.
Some examples of matters within my practice include:
Debt Collection.
Includes collection of commercial accounts and general contract debt, including claims governed by the Uniform Commercial Code as applied to goods and rental equipment. Several past matters have included successful collection from apparently insolvent debtors by uncovering and pursuing fraudulent transfers to third parties. Extensive experience collecting against contractor licensure bonds for homeowners, contractors and suppliers of construction materials and rental equipment
Post Judgment Collection
Investigate, locate and garnish or execute upon debtor assets, including personal property (such as industrial equipment, boat, lock boxes, cash register receipts), real property and intangible rights (such as contract rights and debtor’s legal claims against third parties).
Registration of Foreign Judgments.
Assist out of state counsel to collect judgments in Oregon.
Construction Lien and Surety Bond Litigation.
Extensive experience prosecuting and defending against Oregon lien and surety bond claims. Litigate priority issues between construction liens and other types of liens
Uniform Commercial Code and other Personal Property Liens.
Evaluate and pursue remedies under Uniform Commercial Code secured transactions, flooring agreements, and other specialized liens provided by Oregon law.
Foreclose Oregon Trust Deeds and other Security Interests.
Includes acting as trustee to foreclose trust deeds against real property through Oregon’s non-judicial method of foreclosure by advertisement and sale or seeking judicial foreclosure where non-judicial foreclosure is not practical or available.
Bankruptcy.
Obtain relief from stay to pursue claims; assist with asserting claims in bankruptcy or otherwise assist with issues related to transacting business with a person or entity in bankruptcy.
Defend Bankruptcy Trustee Claims.
Evaluate and defend against claims by bankruptcy trustee for preferential transfers to creditors and fraudulent transfers (receipt of property for less than equivalent value) to creditors. |
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