Ryan Swanson & Cleveland, PLLC
401 Union Street, Suite 1500
Seattle, WA 98101-2668
206.464.4224
Ryan Swanson & Cleveland, PLLC
401 Union Street, Suite 1500
Seattle, WA 98101-2668
206.464.4224

Ryan Swanson & Cleveland, PLLC
401 Union Street, Suite 1500
Seattle, WA 98101-2668
206.464.4224

Creditors’ Rights, Receivership, & Finance

Ryan Swanson’s Creditors’ Rights, Receivership, & Finance Group assists with bankruptcy litigation (including adversary proceedings), out-of-court workouts and forbearance agreements, and receiverships in Washington, Oregon, and California.

Engagements include pre-judgment writs, recovery of collateral, replevin actions, pursuit of personal guarantors, creditor representation and complicated loan workouts & restructuring. We are experienced in secured transactions, equipment leases and other forms of financing and credit facilities. In addition, we handle numerous matters involving civil litigation and enforcing creditors’ rights through the bankruptcy process. Some members of our group have been involved in major creditors’ rights representation for decades.

We also counsel businesses and high-net-worth individuals through the restructuring of their debt obligations. We have the experience to steer clients to the best restructuring option for their business or personal needs.

The experience of our attorneys in these areas allows us to provide our clients with several advantages. Because the work we do in one area often makes us more effective in another, we are able to understand the industry from all perspectives. In addition, in a field where there are often limited resources that can be fully depleted, we strive to achieve cost-effective results for our clients by maintaining realistic expectations and pragmatic thinking.

Lenders Including Traditional Banks, Private Equity Funds, and Other Creditors

Banking is a universe of complex regulations, contracts, relationships, and responsibilities—not to mention high financial stakes. We represent banks, commercial financial companies and other secured lenders in a variety of matters, including commercial collections, loan workouts, regulatory matters, general operational issues, and document preparation. We have represented these clients in federal and state courts, U.S. Bankruptcy Court, and in receivership, arbitration and mediation proceedings. Many financial institutions have been our clients for decades, and we also serve out-of-state and foreign lenders with business needs in the region.

The firm’s engagements for its financial institution clients include cases involving several thousands of dollars up to many millions. Recently, the firm has undertaken representation of lenders with large portfolios of troubled real estate loans. With the firm’s experience, we are both knowledgeable and efficient in our representation of financial institution clients.

State Court Receivers

Receiverships are an extremely powerful state law alternative to bankruptcy. The duties of a receiver vary depending on the scope of the order appointing the receiver in each case. A receiver’s duties may be as limited as preserving a single asset pending resolution of a lawsuit while a general receiver’s duties may be to operate and/or liquidate all assets of a business.

Ryan Swanson’s Corporate Bankruptcy, Receivership, & Finance attorneys have handled the full spectrum of receiverships up and down the West Coast. We have filed many receivership proceedings for financial institution clients, and members of our group have served as receivers or lawyers for receivers. We have one of the first and one of the leading receivership practices covering both the Washington Receivership Act and the Oregon Receivership Code. We can also assist with receiverships in California.

Commercial Debtors and Borrowers

A business in financial distress needs calm, practical and experienced counsel. Hiring counsel at the first sign of trouble improves the chances of successfully restructuring a business and may avert the need for bankruptcy. We have helped many businesses resolve financial problems and avoid bankruptcy.

Guarantors

Our group is unparalleled in the Pacific Northwest for its enforcement of personal guarantees. We have enforced and collected over a $100,000,000 in personal guaranties in a practice that spans the entire West Coast. We are practical and dogged in pursuit of assets. In certain instances, we will use these skills to defend firm clients in appropriate enforcement actions.

Landlords

The bankruptcy laws grant debtors certain rights and impose responsibilities with respect to real property leases. Whether a landlord wants its rent paid or desires to remove its tenant from the property, a knowledgeable bankruptcy lawyer is a useful ally. With the current pandemic, commercial evictions are a complex area of the law. Ryan Swanson’s knowledgeable Corporate Bankruptcy, Receivership, & Finance attorneys are your best resource.

Litigation & Appeals

We represent clients in lawsuits (adversary proceedings) and appeals from orders of bankruptcy court. We defend creditors from preference and fraudulent transfer claims. Our appellate experience includes cases appealed to the District Court, Bankruptcy Appellate Panel and Ninth Circuit Court of Appeals. Our services are wide-ranging and include:

  • Finance related litigation
  • Lender liability lawsuits
  • Enforcement of loan documents
  • Validity & priority of liens e.g. security interest over §544 Strong-Arm Powers of trustee
  • Litigation appeals
  • Distressed mergers
  • Real estate workouts
  • Contractual notice of default
  • Acquisitions
  • Reservation of rights letters
  • Forbearance agreements
  • Guaranty enforcement
  • Prejudgment writs of attachment
  • Personal property
  • Real property
  • Loan documentation, modifications, amendments, and pledges of additional collateral
  • Asset protection advice including negotiating preference and fraudulent transfers
  • Non-dischargeability actions­

Our Responsive Team Approach

A responsive team can quickly respond to your needs. The broad-based civil practice of our Creditors’ Rights, Receivership, & Finance lawyers offer ready resources in almost any legal discipline, including litigation, real estate, employment, corporate law, and securities. Ryan Swanson attorneys are quick to respond and deliver pragmatic solutions to your toughest challenges, helping you achieve the results you need without wasting time or money.

For questions or assistance, please contact any member of our Creditors’ Rights, Receivership, & Finance team listed below.

Get in Touch with Our Team Today



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