Services & Industries
J.D., Fordham University School of Law, 2001
B.A., magna cum laude, Hamilton College, 1995, Phi Beta Kappa
Bar & Court Admissions
Oregon State Bar
New York State Bar
U.S. District Court for the District of Oregon
U.S. District Court for the Southern District of New York
Ava’s practice focuses on Chapter 11 corporate reorganizations and debtor-creditor law, as well as commercial litigation.
Ava has provided services to clients in industries including real estate, retail, manufacturing, farming, and technology. She has experience representing Chapter 11 debtors-in-possession as well as creditors. She takes great pleasure in getting to know her clients and their companies as she helps them works towards their goals.
Prior to joining the firm, Ava worked as a litigation associate in the New York office of Salans, a Paris-based law firm, and interned at the International Criminal Tribunal for the former Yugoslavia in The Hague where she worked on the prosecution of Slobodan Milošević.
In re Bay Club Partners-472, LLC
Bay Club Partners-472, LLC purchased and renovated a large residential apartment complex in Arizona. After suffering through a difficult real estate market and the inability to refinance, the company was represented by Tonkon Torp in its Chapter 11 bankruptcy case. The company's plan was confirmed over the aggressive opposition of the lender and the continuing opposition of one of its members, resulting in repayment of all of its creditors in full and distribution to all of its members.
In re C & K Market, Inc.
(Bankr. D. Or.) – Headquartered in Brookings, Oregon, C & K Market is an independently owned grocery store chain located primarily in small communities in southern and central Oregon and northern California. Tonkon Torp represented the company in its Chapter 11 case, which recapitalized the company through a debt-for-equity exchange and enabled the company to emerge with a strong balance sheet and solid earnings. During the seven-month reorganization, the company sold its 15 pharmacy operations, sold or closed 20 of its original 60 grocery stores, and refinanced its secured debt. A team comprised of bankruptcy lawyers Al Kennedy, Mike Fletcher and Ava Schoen led extensive negotiations with the grocer’s secured and unsecured creditors to ensure the uninterrupted support of trade creditors, manage PACA liabilities, and confirm and implement the plan.
In re Don J. Simplot
(Bankr. D. Id.) – Don J. Simplot is the oldest son of the legendary J. R. Simplot of Idaho. The principal assets in Mr. Simplot's case were his partnership interests in DJS Properties, L.P., a limited partnership he formed with his children and grandchildren. Tonkon successfully represented DJS Properties L.P. in defending against the efforts of the bankruptcy estate representative to force a dissolution and liquidation of the partnership and its assets.
In re Fountain Village Development
(Bankr. D. Or.) – Tonkon represented Fountain Village in its Chapter 11 case that resulted in a successful confirmed Plan of Reorganization. Al Kennedy and Ava Schoen secured a favorable Chapter 11 restructuring for this commercial real estate enterprise with a portfolio of 20 historic properties in downtown Portland.
In re Granada Lakes LLC
(Bankr. D. Or.) – Granada Lakes owned an apartment house in Phoenix, Arizona. Tonkon represented the company in its Chapter 11 case that resulted in the apartment house being deeded to the secured lender. All creditors were paid and all guarantors released.
In re General Auto Building, LLC
(Bankr. D. Or.) – General Auto Building renovated a former industrial building located in Portland's Pearl District into a five-story commercial office building. The renovation was completed in late 2009, at the nadir of the Portland office market and General Auto Building was forced to file a Chapter 11 case in early 2012. Tonkon represented the company in its bankruptcy case. The company's Plan of Reorganization was confirmed over the aggressive and well-financed opposition of a national law firm that represented the fund that purchased the secured debt.
Representation of Accountant
Represented a northwest accountant in a personal Chapter 11 reorganization. The accountant held interests in various business entities and had litigation pending against him for numerous claims including investment fraud. The firm assisted in resolving the litigation claims, retaining his accountancy license, and confirming a Chapter 11 plan restructuring his debts while retaining all of his interests in the business entities, even over the objection of other LLC members. The Plan was one of the first individual Chapter 11 plans confirmed in the state of Washington following the Bankruptcy Code amendments significantly changing the rules for individual bankruptcy cases.
In re Town & Country Center, LLC
Represented the owner of a shopping center in south-central Oregon, which led to the successful confirmation of a Chapter 11 plan of reorganization over the secured lender's objections. The secured debt, which had fully matured 2 1/2 years prior, was restructured over an additional five-year period with favorable amortization and interest rates.
Representation of Shopping Center Developer
Represented a shopping center developer and owner in a Chapter 11 proceeding which resulted in a successful confirmed plan of reorganization.
Helicopter Transport Services, Inc.
Won partial summary judgment for Helicopter Transport Services, Inc. in a dispute with competitor Erickson Air-Crane Inc., alleging Sherman Act § 2 monopoly leveraging and refusal to deal claims, as well as breach of contract claims.
The Tonkon Torp-led sale of NORPAC Foods, Inc. has been named an M&A Deal of the Year ($100MM-$250MM) in the 19th Annual M&A Advisor Awards, which selects the finest deals and professionals within the global M&A and Turnaround industry annually.
In one of the quickest and most successful conclusions of a grocery chain bankruptcy proceeding, Tonkon Torp secured court approval of a reorganization plan for C&K Market, Inc., to emerge from Chapter 11 bankruptcy just seven months after filing. Find details and more featured cases here.
Community Involvement & Activities
Oregon State Bar Debtor-Creditor Section
Former Member, Executive Committee
Third Rail Repertory Theatre
President, Board of Directors
Business for Culture and the Arts
Art of Leadership Program 2008
Turnaround Management Association
Multnomah Bar Association
Oregon Association of Defense Counsel
Oregon Women Lawyers
The Best Lawyers in America
2020-2024, Bankruptcy & Creditor Debtor Rights Law/Insolvency & Reorganization Law
2020-2024, Litigation – Bankruptcy
2022-2023, Oregon Super Lawyer – Bankruptcy: Business
2009, Oregon Rising Star – Bankruptcy & Creditor/Debtor Rights
At the recent annual CLE seminar held by the Oregon State Bar Real Estate and Land Use Section, Tonkon Torp bankruptcy attorneys Ava Schoen and Danny Newman delivered an in-depth presentation on Chapter 11 bankruptcy and how it impacts both tenants and building owners in the realm of real estate.
Forty-nine Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2024. All of the attorneys have been previously named to the peer-review list, and most have been listed for more than 10 years.
Thirty-nine Tonkon Torp attorneys in 12 practice areas have been included in the 2023 Oregon Super Lawyers or Rising Stars lists.
Tonkon Torp partners Danny Newman and Ava Schoen were panelists at the 36th Annual NW Bankruptcy Institute. The event was held in Portland and was co-sponsored by the OSB Debtor-Creditor Section and the WSBA Creditor Debtor Rights Section.
On November 3, Tonkon Torp attorneys Ava Schoen and Danny Newman were guest speakers at the 2022 Business Law Update hosted by the OSB Business Law Section.
By Danny Newman, Ferdie Ruplin, Jessica Morgan, and Ava Schoen – In January, a California bankruptcy court issued an opinion providing another lifeline to cannabis companies that could benefit from the protection of the federal bankruptcy code – to reorganize or liquidate assets.
By Ava Schoen and Lauren Bernton – With the Federal Reserve raising interest rates, businesses struggling with floating rate increases and those needing to refinance may find bankruptcy reorganization an appealing alternative to high interest refinancing.
The Coronavirus Aid, Relief and Economic Security Act of 2020 (“CARES Act”) was enacted on March 27, providing a suite of protections and relief for everyday Americans and the economy at large. While most coverage has focused on other provisions that grant direct payments to American taxpayers, offer forgivable loans to businesses to cover payroll, and expand unemployment insurance benefits by $250 billion, the bill also included a significant expansion to the Small Business Reorganization Act of 2019 (the “SBRA”).
Continued federal prohibition of cannabis poses a significant road block for individuals and businesses who seek to file for bankruptcy protection, which is governed by federal law.
Publications & Presentations
“The Intersection of Real Estate and Insolvency,” Oregon State Bar Real Estate and Land Use Conference, Aug. 2023
Panelist, “Subchapter 5: What’s Working and What’s Not,” 36th Annual NW Bankruptcy Institute, OSB Debtor-Creditor Section/WSBA Creditor Debtor Rights Section, April 2023
“Bankruptcy Doors Open a Little Wider to Cannabis Companies,” Tonkon Torp Legal Update, Feb. 2023
“A Few of Our Favorite Things Business Lawyers Should Know about Bankruptcy,” Oregon State Bar Business Law Section, Nov. 2022
“Assignments for the Benefit of Creditors: Oregon,” Thompson Reuters Practical Law, Jan. 2022
“When Interest Rates Rise, Consider Bankruptcy Restructuring for Rate Relief,” Portland Business Journal, Oct. 2022
“Class Claims in Chapter 11: Are They Allowed and How Do You Get Them?” Oregon State Bar Debtor-Creditor Section, Oct. 2021
“What You Should Know About Business Bankruptcy in the Time of COVID-19,” Current Developments in Business Law Seminar, Oregon State Bar, Nov. 2020
“The CARES Act Provides Small Businesses Additional Bankruptcy Relief,” Tonkon Torp Legal Update, April 2020
“Newest Opinion May Pave Way for Cannabis Industry Bankruptcy Protection,” Portland Business Journal, Sept. 2019
“The Great Bankruptcy Debates,” Oregon State Bar Debtor-Creditor Section, Oct. 2017
“After Becoming a Bankruptcy Creditor, Stay Engaged in the Process,” Daily Journal of Commerce, July 2013
Reprinted in NACM Oregon’s Business Credit Journal, Sept.-Oct. 2013