On October 29, three Tonkon Torp bankruptcy attorneys spoke at the 2021 Annual Meeting of the Oregon State Bar Debtor-Creditor Section.
Ava Schoen and Danny Newman led a program on “Class Action Certification and Class Claims in Bankruptcy,” which explored the circumstances in which creditors can pursue a debtor on a class basis once a Chapter 11 bankruptcy is filed. The attorneys reviewed the applicable statutes and rules, along with the steps required to certify class claims in adversary proceedings or in contested matters. They also shared other considerations attorneys should take into account when pursuing a class claim.
Lauren Bernton co-presented on City of Chicago v. Fulton, offering an overview of the bankruptcy case which the U.S. Supreme Court recently ruled upon. The presentation covered the history of the case, the ruling, and potential implications to debtors and creditors. Lauren was then joined by Danny Newman – the two provided an update on bankruptcy cases that were heard by the Ninth Circuit during 2021. The cases touched on issues including the Fair Credit Reporting Act, FDCPA Claims, and the application of claim preclusion to exemptions in converted bankruptcy cases.
Lauren and Danny are both associates in Tonkon Torp’s Litigation Department and Bankruptcy & Creditor Rights Practice Group. Lauren works with multinational companies, regional companies, and local businesses as an advocate to help them achieve their goals through trial and dispute resolution strategies. Danny has represented clients on large and complex bankruptcy cases, bet-the-company commercial and energy litigation, and government anti-corruption and bribery investigations.