Creditors’ Rights & Bankruptcy

We focus on a pragmatic and solutions-oriented approach to guiding our clients through their creditors’ rights and bankruptcy matters. Our focus is always on balancing the importance of costs with an expected result.

Bankruptcy in Oregon

Hutchinson Cox has over 30 years of combined experience in assisting some of our region’s largest creditors and lenders with all aspects of their creditors’ rights, including loan workout agreements, forbearance negotiations, state or federal collection actions, foreclosures, lender liability defense and all bankruptcy related matters. We plan with clients and focus on results.

Contact us to schedule a consultation with one of our experienced bankruptcy and creditors’ rights attorneys.

Loan Workouts & Forbearance Agreements

We place a strong emphasis on seeking solutions for our clients. The first step in that process is often working with borrowers and lenders in developing acceptable loan modifications, forbearance agreements, covenants not to execute, and loan extensions or additional amendments to existing loan agreements in default. We look for “win/win” approaches above all else.

Bankruptcies & Receiverships

Our firm has extensive experience in representing institutional and private lenders in connection with Chapter 7, Chapter 12, Chapter 13, and complex Chapter 11 cases. We have also worked with clients on developing procedures and forms for their own use in bankruptcy cases. We are creditor advocates and recently won a significant procedural victory in a Chapter 7 cases for a large community credit union that changed the interpretation of law in Oregon in favor of all secured creditors.

Foreclosures & Evictions

We have over 20 years of experience in handling all manner of foreclosure, including non-judicial and judicial foreclosures, as well as the foreclosure of federally and state guaranteed loans. We are certified and approved to represent clients with Freddie Mac loans. We can also assist our clients with eviction proceedings, whether that be post-foreclosure evictions or a standard commercial or residential eviction proceedings.

Litigation & Collection and Recovery Actions

We represent large institutional creditors and private lenders in obtaining judgments on defaulted loan obligations including on secured collateral. Our representation also includes the post-judgment collection of the outstanding debt. We have experience in utilizing writs of garnishment, replevin (recovery) of collateral with the Sheriff’s Office, court ordered debtor’s examinations, and the execution under a writ on existing assets with equity.

Compliance & Loan Review

We have been fortunate to represent several large financial institutions, advising them on regulatory compliance under on Fair Credit Reporting Act, Fair Debt Collection Practices Act, Regulation Z, HOEPA, Dodd-Frank compliance, Truth in Lending matters, and current and relevant mortgage laws. Our firm also advises clients on relevant consumer law issues and ways to avoid borrower-related claims against the creditor.