Bankruptcy & Reorganization

Tonkon Torp’s bankruptcy and corporate reorganization practice is recognized nationally for our strategic and results-oriented work.

Our experienced lawyers identify and tailor solutions for debtor and creditor clients of all sizes. Our attorneys approach cases with a business-first mindset.

We have decades of experience handling a wide range of bankruptcy and creditors’ rights issues including:

  • Corporate reorganizations and debt restructuring
  • Bankruptcy proceedings for debtors and creditors
  • Sales and acquisitions of troubled assets, inside and outside of bankruptcy
  • Real estate foreclosures
  • Commercial and collection litigation in state and federal court

Debtors

Our bankruptcy and reorganization teams help clients restructure while maintaining operating efficiency, preserving liquidity, and maximizing value. Debtor clients facing Chapter 11 reorganization or an out-of-work workout rely on us to negotiate the best possible outcome and provide a viable plan for the future.

Creditors

We represent creditors in renegotiating and restructuring debt, foreclosure proceedings, and litigation. We counsel on creditors’ rights issues to help structure the most beneficial transactions and to assist in the recovery of capital. In bankruptcy proceedings, we represent trade creditors, individual creditors, and official committees.

Representative Experience

Our firm’s representative bankruptcy experience includes the following cases:

  • NORPAC Foods Inc. — Tonkon represented NORPAC Foods Inc. and its affiliate debtors in their chapter 11 cases resulting in the orderly sale of assets and operations to Frank Tiegs and Oregon Potato Company after a bidding war with the J.R. Simplot Company. Tonkon ultimately resolved several complex and high-stakes litigation issues, including with Oregon Potato Company after the sale was consummated, and among NORPAC’s member-grower creditors. After initial projections suggested that unsecured creditors might take nothing and at most 10% on their claims, Tonkon orchestrated an initial distribution within 16 months of the cases filing at 30% to unsecured creditors, and expect additional distributions of approximately 5-10%.
  • Sunwest Consolidated Enterprise — This bankruptcy case is among the largest and most complex ever filed in the state of Oregon. The case included the restructuring and $1.2 billion sale of more than 700 Sunwest entities. Tonkon Torp’s attorneys brought legal expertise in securities, tax, real estate, corporate governance, litigation and mergers and acquisitions. Led by Al Kennedy and Tim Conway, our legal team developed and executed a complex resolution that avoided foreclosure of Sunwest’s property empire and the potential loss of more than $600 million to its investors.
  • Roman Catholic Archdiocese of Portland — On behalf of the Claimants’ Committee, Al Kennedy led a team of Tonkon Torp lawyers in the first-ever bankruptcy filing by a Catholic Archdiocese. Our legal team successfully navigated numerous issues of first impression arising from the intersection of real estate, corporate, constitutional, bankruptcy, charitable trust and religious institutions law. All claimants were paid in full with interest.
  • Americold Corporation — Americold Corporation was the nation’s largest supplier of refrigerated warehouse services to the frozen food industry, and the second biggest cold storage company in the world. The company also provided transportation management services to frozen food manufacturers. Services were provided through a nationwide network of refrigerated warehouse facilities. Americold’s revenues exceeded $200,000,000 annually and its total debt exceeded $470,000,000. Most of the debt was publicly-held. Tonkon represented Americold in its pre-packaged Chapter 11 case where the Plan was confirmed in six weeks.
  • McGrath’s Publick Fish House, Inc. — Tonkon Torp’s team that helped the Salem-based restaurant chain seek protection under Chapter 11. The legal team produced a fast track resolution and a confirmed plan of reorganization. As a result, the reorganized company, consisting of 20 restaurants across multiples states, emerged from bankruptcy.
  • C & K Market, Inc. — 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.
  • Western Communications, Inc. — Western Communications, Inc. owns eight newspapers, including the Bend BulletinLa Grande ObserverBaker City HeraldRedwood SpokesmanCurry Coastal PilotCentral Oregon Nickel AdsDaily Triplicate, and Sonora Union Democrat. Tonkon represented the company in its Chapter 11 case, through which the company restructured its debts and emerged within nine months.
  • Pope & Talbot, Inc. — The venerable Portland-based forest products company filed its bankruptcy case in Delaware in 2007. Tonkon Torp represented the buyers in two different acquisitions. First, Al Kennedy orchestrated the acquisition of the company’s operations in South Dakota and Wyoming by a strategic buyer. Second, Leon Simson represented a private equity fund in the acquisition of the company’s Oregon pulp mill.

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Partner
Adam
Adkin
503.802.2187
adam.adkin@tonkon.com
Business Paralegal
Brenda
Alvey
503.802.2156
brenda.alvey@tonkon.com
Partner
Rachel
Atchison
503.802.5732
rachel.atchison@tonkon.com
Associate
Carlie
Bacon
503.802.2190
carlie.bacon@tonkon.com
Associate
Paul
Balmer
503.802.5745
paul.balmer@tonkon.com
Business Paralegal
Karen
Bartley
503.802.2838
karen.bartley@tonkon.com
Partner
Eric
Beach
503.802.2182
eric.beach@tonkon.com
Associate
Lauren
Bernton
503.802.2144
lauren.bernton@tonkon.com
Partner
Owen
Blank
503.802.2011
owen.blank@tonkon.com
3499, 3523
Partner
Ryan
Bledsoe
503.802.2120
ryan.bledsoe@tonkon.com
Partner
Jeff
Bradford
503.802.5724
jeff.bradford@tonkon.com
3505
Partner
Kristin
Bremer Moore
503.802.2154
kristin.bremer@tonkon.com
3561
Partner
Claire
Brown
503.802.5731
claire.brown@tonkon.com
Partner
Bob
Carey
503.802.2032
bob.carey@tonkon.com
Estate Planning Paralegal
AnDee
Compton
503.802.2183
andee.compton@tonkon.com
3423, 3537, 3572
Partner
Paul
Conable
503.802.2188
paul.conable@tonkon.com
Associate
Sadie
Concepción
503.802.5773
sadie.concepcion@tonkon.com
3493
Partner
Timothy
Conway
503.802.2027
tim.conway@tonkon.com
3491, 3559
Partner
Sherrill
Corbett
503.802.2049
sherrill.corbett@tonkon.com
Associate
Timothy
Costello
503.802.2193
timothy.costello@tonkon.com
Partner
Clay
Creps
503.802.2059
clay.creps@tonkon.com
3501, 3569, 3495, 3574
Partner
Jeffrey
Cronn
503.802.2048
jeff.cronn@tonkon.com
Partner
Rocky
Dallum
503.802.2175
rocky.dallum@tonkon.com
Associate
Sam
DeBaltzo
503.802.5772
sam.debaltzo@tonkon.com
Partner
Justin
Denton
503.802.2117
justin.denton@tonkon.com
Immigration Paralegal
Mary
Dynowski
503.802.5701
mary.dynowski@tonkon.com
Estate Planning Paralegal
Solongo
Enkhsaikhan
503.802.5730
solongo.enkhsaikhan@tonkon.com
Immigration Paralegal
Kristen
Erán
503.802.2108
kristen.eran@tonkon.com
3531
Partner
Christopher
Erickson
503.802.2177
chris.erickson@tonkon.com
Bankruptcy Paralegal
Spencer
Fisher
503.802.2167
spencer.fisher@tonkon.com
Partner
Michael
Fletcher
503.802.2169
michael.fletcher@tonkon.com
Partner
David
Forman
503.802.2023
david.forman@tonkon.com
3462
Of Counsel
Danica
Foster
503.802.2160
danica.foster@tonkon.com
Intellectual Property Paralegal
Lisa
Gabel
503.802.2173
lisa.gabel@tonkon.com
3543
Associate
Will
Gent
503.802.5767
will.gent@tonkon.com
Litigation Paralegal
Elizabeth
Goodman
503.802.2103
elizabeth.goodman@tonkon.com
Associate
Stephanie
Grant
503.802.5736
stephanie.grant@tonkon.com
Of Counsel
Kyle
Grant
503.802.2092
kyle.grant@tonkon.com
Partner
Ronald
Greenman
503.802.2006
ron.greenman@tonkon.com
Immigration Paralegal
Gayle
Griffin
503.802.2099
gayle.griffin@tonkon.com
3567
Partner
Gwendolyn
Griffith
503.802.2102
gwen.griffith@tonkon.com
3572, 3529
Partner
Drew
Hagedorn
503.802.5757
drew.hagedorn@tonkon.com
Associate
Olivia
Hariharan Godt
503.802.2158
olivia.godt@tonkon.com
Associate
Mick
Harris
503.802.5765
mick.harris@tonkon.com
3535
Partner
Caroline
Harris Crowne
503.802.2056
caroline.harris.crowne@tonkon.com
Immigration Paralegal
Adriana
Hassett
503.802.2157
adriana.hassett@tonkon.com
Partner
James
Hein
503.802.2129
james.hein@tonkon.com
3447
Partner
Ted
Herzog
503.802.2033
ted.herzog@tonkon.com
Partner
Karen
Hobson
503.802.2136
karen.hobson@tonkon.com
Business Paralegal
Samantha
Holly
503.802.2118
sam.holly@tonkon.com
Of Counsel
Jarell
Hunt
503.802.5776
jarell.hunt@tonkon.com
Associate
Josie
Jeremiah
503.802.2146
josie.jeremiah@tonkon.com
Associate
Jordan
Jeter
503.802.2076
jordan.jeter@tonkon.com
Partner
Jeffrey
Keeney
503.802.2025
jeff.keeney@tonkon.com
3493
Partner
Albert
Kennedy
503.802.2013
al.kennedy@tonkon.com
Associate
Samantha
Klausen
503.802.2124
samantha.klausen@tonkon.com
Partner
Blerina
Kotori
503.802.2055
blerina.kotori@tonkon.com
Associate
Antonija
Krizanac
503.802.2038
antonija.krizanac@tonkon.com
Partner
Melina
LaMorticella
503.802.2122
melina.lamorticella@tonkon.com
Partner
Mark
LeRoux
503.802.2022
mark.leroux@tonkon.com
Business & Real Estate Paralegal
Laura
Lindberg
503.802.2128
laura.lindberg@tonkon.com
Of Counsel
Maureen
McGee
503.802.5726
maureen.mcgee@tonkon.com
Associate
Harlan
Mechling
503.802.5733
harlan.mechling@tonkon.com
3503
Partner
Parna
Mehrbani
503.802.2170
parna.mehrbani@tonkon.com
3497
Partner
Brenda
Meltebeke
503.802.2088
brenda.meltebeke@tonkon.com
3569
Partner
Michael
Millender
503.802.2164
michael.millender@tonkon.com
Partner
Max
Miller Jr.
503.802.2030
max.miller@tonkon.com
Partner
Christopher
Morehead
503.802.2035
christopher.morehead@tonkon.com
3525, 3414
Partner
Jessica
Morgan
503.802.2165
jessica.morgan@tonkon.com
Partner
Haley
Morrison
503.802.2121
haley.morrison@tonkon.com
Associate
Gracey
Nagle
503.802.5753
gracey.nagle@tonkon.com
Litigation Paralegal
David
Namdar
503.802.2095
david.namdar@tonkon.com
3519
Senior Counsel
Janet
Neuman
503.802.5722
janet.neuman@tonkon.com
Associate
Danny
Newman
503.802.2089
danny.newman@tonkon.com
3511
Senior Counsel
Darcy
Norville
503.802.2036
darcy.norville@tonkon.com
Attorney
Steven
Olson
503.802.2159
steven.olson@tonkon.com
Partner
Turid
Owren
503.802.2045
turid.owren@tonkon.com
3525, 3414
Partner
Christopher
Pallanch
503.802.2104
christopher.pallanch@tonkon.com
Partner
Thomas
Palmer
503.802.2018
tom.palmer@tonkon.com
Intellectual Property Paralegal
Renee
Peck
503.802.2197
renee.peck@tonkon.com
3509
Partner
Alan
Perkins
503.802.2127
alan.perkins@tonkon.com
3563, 3513
Partner
David
Petersen
503.802.2054
david.petersen@tonkon.com
Case Manager Paralegal
Ellen
Previdelli
503.802.2171
ellen.previdelli@tonkon.com
Business Paralegal
Laney
Quigley
503.802.2017
laney.quigley@tonkon.com
Associate
Megan
Reuther
503.802.2174
megan.reuther@tonkon.com
Case Manager Paralegal
Erika
Robles Jones
503.802.2097
erika.robles.jones@tonkon.com
3521
Partner
John
Rosenfeld
503.802.2010
john.rosenfeld@tonkon.com
Associate
Kate
Roth
503.802.2189
kate.roth@tonkon.com
Associate
Allison
Rothgeb
503.802.2065
allison.rothgeb@tonkon.com
Associate
Ferdinand
Ruplin
503.802.2029
ferdie.ruplin@tonkon.com
Managing Partner
Kurt
Ruttum
503.802.2043
kurt.ruttum@tonkon.com
Partner
Melany
Savitt
503.802.2179
melany.savitt@tonkon.com
Partner
Drea
Schmidt
503.802.5703
drea.schmidt@tonkon.com
Partner
Ava
Schoen
503.802.2143
ava.schoen@tonkon.com
3515
Partner
Jeanette
Schuster
503.802.2114
jeanette.schuster@tonkon.com
Of Counsel
Leon
Simson
503.802.2067
leon.simson@tonkon.com
3423, 3553
Partner
Dan
Skerritt
503.802.2024
dan.skerritt@tonkon.com
Partner
Josh
Smith
503.802.2191
josh.smith@tonkon.com
3574, 3545, 3547, 3555
Partner
Anna
Sortun
503.802.2107
anna.sortun@tonkon.com
Partner
Kimberlee
Stafford
503.802.2062
kimberlee.stafford@tonkon.com

Roman Catholic Archdiocese of Portland Bankruptcy

The Archdiocese of Portland made national headlines when it became the first Archdiocese to seek bankruptcy protection, triggered by several hundred claims for damages stemming from allegations of abuse at the hands of clergy. Tonkon Torp is playing a central role.

Tonkon Torp Leads Oregon Grocery Chain Out of Bankruptcy

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.

Tonkon Torp-Led Sale of NORPAC Foods, Inc. Named Global 2020 M&A Deal of the Year

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.

Representative Matters

In re Williams, Love, O'Leary & Powers, P.C.

(Bankr. D. Or.) – Williams, Love, O'Leary & Powers, P.C. ("WLOP") is a nationally recognized plaintiffs' medical products liability firm that represents clients who suffer injuries caused by dangerous or defective medical products. Tonkon represented WLOP in its Chapter 11 case which resulted in a confirmed Plan of Reorganization through which all creditors were paid in full and the firm emerged viable and recapitalized. We believe this is the only law firm Chapter 11 in the United States in which the firm emerged intact as an operating firm continuing to serve its clients.

In re Total Mechanical, Inc.

(Bankr. D. Or.) – Total Mechanical, Inc. is a design-build mechanical contractor. When a large judgment was entered against it, Total Mechanical turned to Tonkon to file a Chapter 11 case on its behalf. Within 10 weeks of the filing of its bankruptcy case, the judgment was settled, Total Mechanical was recapitalized, and the bankruptcy case was dismissed.  

In re Roman Catholic Archbishop of Portland

(Bankr. D. Or.) – On behalf of the Tort Claimants' Committee, Al Kennedy led a team of Tonkon lawyers in the first-ever bankruptcy filing by a Catholic Archdiocese. Tonkon successfully navigated numerous issues of first impression arising from the intersection of real estate, corporate, constitutional, bankruptcy, charitable trust and religious institutions law. All claimants were paid in full, with interest, after each claim was individually mediated.

In re Beall Corporation

(Bankr. D. Or.) — Beall Corporation manufactured truck tanks and trailers at multiple factories, and operated sales and service branches across the western United States. Tonkon represented Beall in its Chapter 11 case. The company's divisions were sold as going concerns to four different purchasers and a Plan of Liquidation is scheduled for confirmation in September of 2013.

In re Western Communications, Inc.

(Bankr. D. Or.) – Western Communications, Inc. owns eight newspapers, including the Bend Bulletin, La Grande Observer, Baker City Herald, Redwood Spokesman, Curry Coastal Pilot, Central Oregon Nickel Ads, Daily Triplicate, and Sonora Union Democrat. Tonkon represented the company in its Chapter 11 case, through which the company restructured its debts and emerged within nine months.

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 Stayton SW Assisted Living, L.L.C. (the Consolidated Sunwest Related Entities)

(Bankr. D. Or.) – Tonkon represented debtor, Stayton SW Assisted Living, L.L.C., and over 700 substantially consolidated affiliates, in a Chapter 11 proceeding that resulted in a confirmed Plan of Reorganization. The biggest and most complex bankruptcy case ever filed in Oregon, the consolidation, restructuring and $1.2 billion sale involving over 700 of Sunwest entities demanded legal expertise in bankruptcy, securities, tax, real estate, corporate governance, litigation, mergers and acquisitions, regulated industries and commercial transactions. Al Kennedy and Tim Conway worked with a team of Tonkon lawyers and paralegals who developed and executed a complex resolution that restructured obligations owing to over 90 secured lenders, sold 146 senior living facilities (including approximately 1,200 tenant-in-common interests held by investors), and resulted in distributions to creditors and investors exceeding 100% of their claims.

In re Renaissance Custom Homes LLC

(Bankr. D. Or.) – With the bursting of the real estate bubble in 2008/09, developer Randy Sebastian and Renaissance Homes turned to Al Kennedy and Tim Conway to find a path through bankruptcy. Tonkon represented the company in its Chapter 11 case which resulted in the recapitalization of the company and its continuation as Oregon's premier home builder.

In re HemCon Medical Technologies, Inc.

(Bankr. D. Or.) – HemCon Medical Technologies, Inc. develops, manufactures, and sells a line of wound care products throughout the world. When faced with a disastrous patent infringement judgment, HemCon turned to Tonkon to represent it in its Chapter 11 bankruptcy case. Through its bankruptcy case, HemCon was able to sell certain non-core product lines, attract new equity investment, restructure its secured and unsecured debt, including the judgment debt, and emerge from bankruptcy as a viable, operating recapitalized business. 

In re Christensen Shipyards, Ltd.

Tonkon represented Miles Stover, the court appointed general receiver for Christensen Shipyards, Ltd. CSL is the premier manufacturer of 50 meter composite fiberglass motor yachts in the U.S. The sale price of the yachts is in the range of $34 million. Mr. Stover was appointed and retained Tonkon on March 20, 2015. Virtually all employees at the shipyard had been laid off and all operations had ceased. Three yachts were in process. We assisted the Receiver in negotiating financing facilities with each of the yacht purchasers that enabled the shipyard to bring back approximately 140 employees and restore operations. Subsequently, we assisted  the Receiver in the sale of the shipyard to Christensen Shipyards LLC, an entity formed by the yacht purchasers. Thereafter we represented the Receiver in a lawsuit asserting claims against insiders and affiliates and seeking recovery of fraudulent conveyances. Following the sale and the settlement of the lawsuit, the Receiver paid the claims of secured and priority creditors in full and the claims of unsecured creditors in excess of 70%.    

In re Columbia Aircraft Manufacturing Corporation

(Bankr. D. Or.) – Columbia Aircraft Manufacturing Corporation designed and manufactured single-engine, composite airplanes that were rated as the world's fastest production model piston aircraft. Tonkon represented Columbia Aircraft Manufacturing in its Chapter 11 bankruptcy case that resulted in the sale of the company to Cessna Aircraft and subsequent confirmation of the company's Plan of Reorganization. 

In re Graphic Arts Center Publishing Company

(Bankr. D. Or.) – Graphic Arts Publishing published books, calendars and other printed material on the subject area of regional history, gardening, photo essay, nature, travel, cooking and children's books under four names: Graphic Arts Books, Westwind Press, Alaska Northwest Books and Alaska Geographic. Tonkon represented the company in its Chapter 11 case that resulted in confirmation of a Plan of Reorganization and recapitalization of the company within nine months of the petition date.  

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 addition 5 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.

In re Ernst Home Center, Inc.

(Bankr. W.D. Wa.) – Ernst Home Center was a hardware and garden supply retailer with 86 stores located in nine states. It filed its Chapter 11 case in 1996. Tonkon represented Congress Financial Corporation, which had a claim in excess of $50,000,000 and was the company's major secured creditor. Congress was paid in full, including all interest, costs, and an early termination fee. 

In re Great Western Chemical Co.

(Bankr. D. Or.) – Great Western Chemical Co. was one of Oregon's largest privately-held companies. It was a distributor of chemical products, with warehouses throughout the western United States. Tonkon represented the owners of the company who were also creditors and landlords for most of the warehouse facilities. Tonkon assisted the owners in orchestrating an orderly liquidation of their company, which resulted in the sale of the company and assumption of virtually all the leases, together with distributions to creditors, including the insiders, of approximately $.60 on the dollar. 

In re Melridge, Inc.

(Bankr. D. Or.) – Melridge, Inc. was a publicly-held corporation engaged in growing and marketing flower bulbs and cut flowers through various American and European divisions and subsidiaries. Its sales in 1987 exceeded $40,000,000. Tonkon represented Melridge in its Chapter 11 case, which was filed on December 14, 1987. The Melridge case is generally acknowledged to be the most complex Chapter 11 case ever filed in Oregon up to that time. Melridge's Plan of Reorganization was confirmed in January of 1989. 

In re Miralink Corporation

(Bankr. D. Or.) – Miralink Corporation was a start-up technology company that ceased operations in 2009. Two years later, Tonkon assisted the company in selling its intellectual property, including patent rights, through a Chapter 11 bankruptcy case. After the sale was closed, a plan distributing the proceeds among the creditor groups was confirmed.

In re Plaid Pantries, Inc.

(Bankr. D. Or.) – Plaid Pantries operates a chain of convenience stores in Oregon and Washington. Tonkon represented the founding family and landlord for virtually all stores in the company's Chapter 11 case. Plaid Pantry successfully reorganized and assumed its lease obligations.

In re Society of Jesus, Oregon Province

(Bankr. D. Or.) – Tonkon represented Seattle University in defending against efforts by the Claimants' Committee to consolidate the assets of the University into the bankruptcy estate. All claims against Seattle University were waived and released without payment or contribution by the University.

In re Sprouse-Reitz Stores Inc.

(Bankr. D. Or.) – Tonkon represented Sprouse-Reitz in its Chapter 11 case filed on November 27, 1991. Sprouse-Reitz was a publicly-held company that operated approximately 164 variety stores in 10 states, employed over 2,000 people, and had sales in 1991 in excess of $174,000,000. The Sprouse-Reitz Plan of Reorganization was confirmed on June 2, 1992. The rights and interests of stockholders were not altered or impaired by the Plan.

In late 1993, it became clear that Sprouse-Reitz would not be able to achieve the performance it had projected at the time of its 1991 bankruptcy case and that its ability to perform under its Plan of Reorganization was uncertain. Tonkon represented Sprouse-Reitz in its second Chapter 11 case where the firm negotiated and obtained confirmation of the first pre-packaged Chapter 11 plan in Oregon. The Chapter 11 case was filed on November 8, 1993, and the Plan was confirmed on December 22, 1993. The Plan provided for the orderly liquidation of the assets of Sprouse-Reitz and distribution of the proceeds of such liquidation to creditors and stockholders. Stockholders received a total of $4 million ($2.79 per share), while unsecured creditors were paid approximately 63% of their unsecured claims.

In re Wildhorse Meadows, LLC

(Bankr. D. Or.) – Wildhorse Meadows, LLC is the owner of the Aspen Lakes Golf Course outside Sisters, Oregon. The golf course is leased to the operator. Tonkon represented Wildhorse Meadows in a Chapter 11 proceeding. The company filed in late fall and was reorganized in time for the golf season.

In re Americold Corporation

(Bankr. D. Or.) – Americold Corporation was the nation's largest supplier of refrigerated warehouse services to the frozen food industry, and the second biggest cold storage company in the world. The company also provided transportation management services to frozen food manufacturers. Services were provided through a nationwide network of refrigerated warehouse facilities. Americold's revenues exceeded $200,000,000 annually and its total debt exceeded $470,000,000. Most of the debt was publicly-held. Tonkon represented Americold in its pre-packaged Chapter 11 case. The case was filed on May 8, 1995, and the Plan of Reorganization was confirmed on June 19, 1995. 

In re Northwest Pipe Company

(Bankr. D. Id.) – Tonkon represented the principal secured lender in the Chapter 11 case of a company now known as Northwest Pipe Company. With the support and financial backing of West One Bank Idaho, Northwest Pipe Company used its Chapter 11 case to recapitalize and emerge as one of Oregon's strongest publicly-held companies. 

In re Pope & Talbot, Inc.

(Bankr. S.D.N.Y.) – After this venerable Portland-based forest products company filed its bankruptcy case in the Southern District of New York in late 2007, Tonkon represented the buyers in two different acquisitions. Al Kennedy orchestrated the acquisition of Pope & Talbot's operations in South Dakota and Wyoming by a strategic buyer. Leon Simson represented a private equity fund in the acquisition of Pope & Talbot's Oregon pulp mill.

In re Baldwin-United Corporation

(Bankr. S.D. Ohio) – Baldwin-United Corporation was a publicly-held diversified financial corporation with annual sales in excess of $3.5 billion. At the time its petition was filed, it was the largest bankruptcy in the history of the United States. Tonkon represented the petitioning creditors in that bankruptcy, and William F. Martson, Jr. subsequently served as co-chairman of the official unsecured creditors' committee. 

In re Rajneesh Neal-Sannyas International Commune

(Bankr. D. Or.) – Tonkon represented the petitioning creditors in the involuntary bankruptcy petition against the commune in one of the most notorious cases in Oregon history. Subsequently, the firm represented the court-appointed trustee.  

Representation of Trustee in Bankruptcy Matter

Represented trustee in a successful re-opening of a closed bankruptcy case to deal with newly discovered estate funds.

Padrick v. Dean, et al

Brought adversary proceeding in bankruptcy court on behalf of liquidating trustee to recover profits and damages from the misappropriation of funds that the debtor corporation was supposed to hold for clients. Obtained settlement of $800,000.

Representation of Restaurant Owner

Represented a company that owned a chain of restaurants in a Chapter 11 proceeding which resulted in a successful confirmed plan of reorganization. On behalf of this company, Leon Simson led a Tonkon Torp team to seek protection under Chapter 11 and to produce a fast track resolution that resulted in a confirmed plan of reorganization allowing the reorganized company to emerge from bankruptcy.

In re Oregon Contractors Workers' Compensation Trust

(Bankr. D. Or.) – Oregon Contractors Workers' Compensation Trust is a self-insurance non-profit corporation organized by an employer group under the Oregon Workers' Compensation statutes. Tonkon represented the Trust in a unique and creative use of the bankruptcy process to facilitate the wind-down of an insurance company.

In re Storables Inc.

(Bankr. D. Or.) – In 2009, Al Kennedy and Mike Fletcher helped this prominent retail homeware company shed debt and pare down its operations by rejecting and restructuring its lease obligations in a Chapter 11. The company emerged from bankruptcy in nine months.

In re Chef Solutions, LLC, et al

(Bankr. D. Del.) – Tonkon assisted Reser's Fine Foods, Inc. in providing post-petition financing to and acquiring the assets of Chef Solutions through a Delaware bankruptcy case.

In re Bonavia Timber Company, LLC, and Nevada First Corporation

(Bankr. D. Or.) – Bonavia Timber Company and Nevada First Corporation conduct extensive ranching operations in Oregon and Nevada. They were confronted with a multi-million dollar lawsuit that threatened their ability to continue operations. Tonkon represented the companies in their Chapter 11 case that resulted in a settlement of the lawsuit and confirmation of a Plan of Reorganization within eight months of the filing date.

In re Grange Mutual Insurance Company

(Bankr. D. Or.) – Tonkon represented Grange Mutual Insurance Company ("GMIC") in its Chapter 11 liquidation. We believe the GMIC case is one of only two cases involving the wind-down of an insurance company through Chapter 11 since the Bankruptcy Code was adopted. The case was filed in July 2002 and the Plan of Liquidation was confirmed in December 2002. GMIC had over 35,000 policy holders and hundreds of outstanding claims. All policies were rejected and a claims bar date was set. By the end of 2003 all claims were liquidated and paid. 

In re The Columbian Publishing Company

(Bankr. W.D. Wa.) – Nine months after Tonkon filed the Columbian Publishing Company's Chapter 11 case, Southwest Washington’s largest daily newspaper emerged from bankruptcy in early 2010 thanks to the work of Al Kennedy and Mike Fletcher.

In re Lumber Products, Inc.

(Bankr. D. Or.) – Lumber Products was a manufacturer and distributor of building products. Tonkon represented the company in its Chapter 11 case. The company was sold through a 363 sale and a plan was confirmed within six months of the petition date.

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