Creditor/Debtor & Bankruptcy

Workouts, forbearance, and loan restructuring

Most distressed debts are resolved before anyone files anything, and the workout is where the leverage is set. We negotiate forbearance agreements, loan modifications, and restructured payment terms for lenders who would rather be repaid than foreclose, and for borrowers who need room to recover. The documents matter more than they look: a forbearance that waives the wrong default, or a modification that disturbs a security interest's priority, can cost a secured lender its position. For loans secured by personal property, we confirm the collateral is properly perfected under UCC Article 9, RCW 62A.9A, before restructuring, and we address guaranties, intercreditor issues, and the release language that decides who is still on the hook. A workout that is papered carefully is also the strongest position to fall back on if the borrower later files for bankruptcy.

Commercial collections and judgment enforcement

Winning a judgment is the easy part; collecting it is the practice. We pursue commercial debts from the demand letter through suit, and then do the work most creditors skip: turning a judgment into money. In Washington that means garnishing bank accounts and wages under the garnishment statute, RCW 6.27, levying on property through writs of execution under RCW 6.17, and recording the judgment so it becomes a lien on the debtor's real estate under RCW 4.56.190. We conduct supplemental proceedings to find assets, and we account for what's exempt from the start, because Washington's homestead exemption, RCW 6.13, and personal-property exemptions, RCW 6.15, put real limits on what a creditor can reach. Where a debtor is dissipating assets, we move quickly for prejudgment remedies like attachment under RCW 6.25 before the money is gone.

Secured creditor rights and collateral

A secured creditor's recovery depends entirely on whether the security interest was perfected and where it stands in priority, and those questions get decided long before default. We make sure security interests are properly attached and perfected under UCC Article 9, RCW 62A.9A, that financing statements are filed correctly, and that priority against other lenders and a future bankruptcy trustee is preserved. On default, we enforce: repossession of collateral, a commercially reasonable disposition, and a deficiency claim for the balance, all within the Article 9 framework that penalizes a creditor who cuts corners on notice or commercial reasonableness. For sellers of goods to a buyer who turns out to be insolvent, we pursue reclamation under UCC RCW 62A.2-702, which has tight deadlines that lapse within days. The discipline in the paperwork is what makes the collateral worth anything when it's needed.

Debtor-side defense and protection

On the debtor's side, the goal is room to operate and a fair resolution, not a fire sale. We defend businesses and owners against collection suits and garnishments, claim the exemptions Washington allows, and negotiate settlements and payment plans that a creditor will accept because the alternative is worse for everyone. We counsel owners on the personal exposure that distress creates, including guaranties they signed and the line between aggressive asset protection and a transfer a creditor can unwind. Moving assets out of reach as creditors close in is governed by Washington's Uniform Voidable Transactions Act, RCW 19.40, and a transfer made to hinder or defraud creditors can be set aside and can follow the people involved. We help owners protect what is legitimately protectable and avoid the moves that make a bad situation worse.

Bankruptcy: Chapters 7, 11, and 13

When a bankruptcy is filed, the rules change instantly, and the first one is the automatic stay: under 11 U.S.C. § 362 nearly all collection stops the moment the petition is filed, and a creditor who keeps collecting can be sanctioned. We represent creditors inside bankruptcy, filing proofs of claim, seeking relief from the stay under § 362(d) to reach collateral, asserting priority and the twenty-day administrative claim under § 503(b)(9), and defending preference demands under § 547 when a trustee tries to claw back payments received in the ninety days before filing. We also guide business debtors through the right chapter: a Chapter 7 liquidation, a Chapter 11 reorganization, including the streamlined Subchapter V for smaller businesses, or a Chapter 13 for an individual owner. Knowing how priorities, discharge, and plan confirmation actually work is what separates a recovery from a write-off, on either side of the case.