David W Hercher
Insolvency & Reorganization
Miller Nash has one of the most experienced bankruptcy and commercial workout teams in the Northwest. With over 100 years of combined experience, the members of the team aggressively represent clients in a wide variety of industries while finding practical and creative solutions in distressed financial situations. The team works on all aspects of commercial debtor/creditor matters, including:
* Structuring loan agreements and other business transactions to minimize risk of loss in the event of bankruptcy or insolvency
* Reviewing the administration of troubled loans to minimize lender liability
* Working with lenders and borrowers to restructure existing loans inside and outside of bankruptcy
* Protecting creditors’ interests and maximizing recovery on claims
* Negotiating, documenting, post-petition financing in bankruptcy and use of cash collateral inside and outside of bankruptcy
* Pursuing and defending preference and fraudulent conveyance actions in bankruptcy and within state law
* Representing bankruptcy trustees and receivers
* Representing unsecured creditors’ committees
* Representing foreign and domestic clients in multinational insolvency problems
* Assisting financially troubled businesses
* Assisting buyers and sellers of trouble assets inside and outside of bankruptcy
David W Hercher
Miller Nash LLP
US Bancorp Tower #3400
111 SW 5th Ave
Portland OR 97204
Tel: 503 205-2628
Fax: 503 205-8618
E-mail: dave.hercher@millernash.com
Board Certified Specialist in Business Bankruptcy - American Board of Certification
Practice Teams
* Insolvency & Reorganization
* Finance & Financial Institutions Litigation
* Debtor-Creditor Litigation
Debtor-Creditor Litigation
Miller Nash's litigation team works closely with its insolvency team when issues of financial distress arise in litigation. These include:
* Assisting when a party to litigation files bankruptcy or is placed into receivership
* Planning litigation strategy and structuring settlement agreements to minimize the risk of loss in the event of bankruptcy or insolvency
* Pursuing and defending claims for preferences and fraudulent conveyances
* Litigating valuation issues
In addition, Miller Nash handles all types of litigation in the creditors' rights area, including:
* Collection of judgments, including executions and garnishments
* Pursuing judicial foreclosures of liens against real and personal property in both state and federal court
* Completing nonjudicial foreclosures of liens against real and UCC Article 9 sales of personal property
* Commencing receiverships, defending against actions for receivership, and representing receivers in receivership cases in both state and federal court
* Filing claims in bankruptcy and receivership cases, and litigating claims disputes
* Pursuing reclamation demands and litigating disputes over reclamation issues
* Handling commercial landlord-tenant disputes
* Reviewing the administration of troubled loans to minimize lender liability, and litigating lender liability claims when they arise
Miller Nash has a full-service insolvency team, handling all aspects of bankruptcy and receivership cases.
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