Tara J. Schleicher

Overview

Tara focuses her practice on the litigation needs of business clients addressing insolvency-related matters in all forums in which debtor-creditor issues arise, whether out of court, bankruptcy court, state and federal court or appellate court.  

Tara serves as Chair of the firm’s Creditors’ Rights & Bankruptcy practice. She has more than 25 years of experience providing clients with practical and efficient solutions to complex problems involving multiple parties with competing interests.

Tara is a tough negotiator and skilled litigator who knows how to balance clients’ business interests with legal needs to save time, effort, and business capital. She protects clients’ interests in all types of bankruptcy, insolvency and litigation matters. Her clients include businesses in need of assistance with maneuvering through reorganization proceedings, lenders, trade creditors, buyers of assets out of bankruptcy or receivership, banks and other financial service providers, unsecured creditors’ committees and receivers.

With a Master’s Degree in Business Administration and certified as a Business Bankruptcy Specialist by the American Board of Certification, Tara has the business acumen necessary to effectively handle complex litigation, Chapter 11 reorganizations, receiverships, workouts, and any insolvency related or commercial litigation matters. She has served as Chair of the Oregon State Bar’s Debtor-Creditor Section and is currently a Board Member of the Turnaround Management Association.

She enjoys Chapter 11 cases and litigation because of the variety of industries, business issues and competing interests involved. Tara correlates dealing with a restructuring business to solving a big puzzle: lots of little pieces of different shapes and sizes that need to fit together to make the business successful again and obtain the best results possible for its creditors.

Professional Activities

• American Bankruptcy Institute, Member
• American Board of Certification, Certified Business Bankruptcy Specialist, 2007-present
• Risk Management Association, Member
• Turnaround Management Association (Northwest Chapter), Board Member
  • Chair, 2021-present

Experience

• Confirmation of hotel debtor’s contested Chapter 11 plan over CMBS lender
  Represented Holiday Inn Express debtor in successfully confirming its Chapter 11 plan of reorganization after attempt by CMBS lender to appoint a receiver and the lender’s consistent objections throughout the Chapter 11 proceeding. Obtained preliminary injunction against lender’s attempt to attach owner-operator guarantor’s property. The debtor, like many hotel properties, was severely impacted by the COVID-19 pandemic and the aggressive stance taken by the special servicer, despite efforts to reach agreement short of bankruptcy. Secured confirmation of plan in U.S. Bankruptcy Court for the Western District of Washington in June of 2021.
• Confirmation of lender’s competing plan over farm debtor
  Represented lender to successfully obtain confirmation of its competing plan over a farm debtor, which initially filed a highly contested Chapter 11 bankruptcy and later unsuccessfully attempted to convert to a Chapter 12 bankruptcy. The confirmation concluded a nearly three-year dispute that commenced in state court litigation originally involving three co-borrowers in Washington state.

• Confirmation of lender’s competing plan over winery/vineyard debtor
  Assisted lender in obtaining appointment of a receiver in a state court proceeding regarding vineyard/winery borrowers that subsequently filed companion Chapter 11 cases. Successfully objected to debtor’s attempt to convert to a Subchapter V proceeding. Secured confirmation of lender’s competing plan of liquidation over debtors’ reorganization plan in an eight-day trial in the Eastern District of Washington.

• Business and financial institution litigation and loan servicer defense
  Regularly represents businesses and financial institutions in all types of litigation, including debtor/creditor disputes and contract disputes. Also regularly represents financial institutions and loan servicers against claims by borrowers and consumers challenging non-judicial foreclosures, assertions of Fair Debt Collection Practice Act (FDCPA) claims, Fair Credit Reporting Act (FCRA) claims, and Real Estate Settlement Procedures Act (RESPA) actions.

• Protection of creditors’ assets in insolvency proceedings and litigation
  Represents creditors in Chapter 11 proceedings and all types of bankruptcy and litigation to protect their interests in commercial collateral, including real property, fixtures and associated personal property.

• Represented Receiver and served as successor Receiver
  Represented Receiver Peter McKittrick in Pac Equities, Inc. case in pursuit of assets and sale of same for benefit of creditors in estate with $17 million of claims and approximately 80% recovery. Took over as Receiver in the case in January 2015.

• Wind down of business
  Represented Receiver, Tyrell B. Vance, Inc., in wind down of nonprofit Cascade Sierra Solutions, Inc. with a significant portfolio of commercial truck leases and sale contracts for benefit of secured creditors and unsecured creditors, including the U.S. Environmental Protection Agency.

• Defended Receiver’s right to sell real property
  Represented Receiver (prior to Oregon Receivership Code) and successfully defended Receiver’s right to sell commercial property, comprising three gas stations and convenience stores, for the benefit of interested parties.

• Represented Receiver in $13 million securities fraud case
  Represented Receiver in case where defendants had been indicted in a $13 million securities fraud case. Assisted Receiver with locating and selling assets, coordinating and managing litigation claims, resolving declaratory judgment actions regarding ownership of receivership estate property, reviewing fraudulent transfers, and obtaining contempt order against individual defendants for violations of orders.

• Recouped buy-in fees for assisted living residents
  Assisted group of residents at assisted living center in bankruptcy/receivership proceedings to recoup the hundreds of thousands of buy-in fees they had paid to the debtor pre-petition.

• Negotiated settlement and viable plan of liquidation to benefit unsecured creditors
  Represented creditors’ committee in Chapter 11 involving a building products company with nearly $57 million of debt and extensive multi-state operations/assets. Assisted committee in negotiating a sale of the bulk of the estate’s assets and negotiating a settlement with major lenders and debtor regarding a viable plan of liquidation of remaining assets that will benefit unsecured creditors.

• Sale of assets and protection of warranty claims
  Represented group of aircraft owners as an Ad Hoc Committee in Chapter 11 involving an aircraft manufacturing company with approximately $52 million in unsecured debt. Assisted Committee in negotiating terms of a sale of the Debtor’s assets to protect the Committee members’ warranty claims/interests and for the provision of sufficient after-market support.
• Obtained full recovery plus interest for unsecured creditors
  Represented creditors’ committee in Chapter 11 case involving three debtors engaged in publishing, book manufacturing and commercial printing. Assisted committee in negotiating a plan of reorganization that paid unsecured creditors in full, with interest.

• Negotiated plan paying 80% of unsecured claims
  Represented creditors’ committee in Chapter 11 individual debtor case of restaurant owner/manager/consultant. Assisted committee in negotiating a plan paying approximately 80% on unsecured claims.
• Recovered undisclosed assets for benefit of unsecured creditors
  Assisted the Chapter 7 trustee to obtain an ex parte temporary restraining order and, with assistance of the U.S. Marshal’s Office, searched and seized multiple properties of the debtor to recover significant assets for the benefit of unsecured creditors.

• Multiple adversary proceedings to recover funds for unsecured creditors
  Represented Chapter 11/7 trustee in bankruptcy proceeding of agricultural cooperative; obtained summary judgment that purchasers of debtor’s frozen foods/canning operations were not entitled to administrative expense priority for vacation pay paid to employees pursuant to collective bargaining agreements; successfully represented trustee in adversary proceeding for declaratory judgment that Perishable Agricultural Commodity Act (PACA) claims of growers were invalid.

• Refinance and redevelopment of real property
  Represented developer in Chapter 11 proceeding involving a private condominium and marina project. Successfully defended judgment creditor’s motion for relief from stay and obtained an order confirming Chapter 11 plan allowing debtor to refinance and redevelop the property for high-end apartments.

• Successful business reorganization
  Represented business in a Chapter 11 case where debtor is one of the top cabinetry companies in Central Oregon for both commercial and residential construction; obtained confirmation of plan after negotiations with secured creditor/former shareholder and governmental authorities.

• Confirmation of plan in hotly contested Chapter 11
  Represented Chapter 11 Debtor with $232 million in claims to reorganize business in highly regulated environment; Chapter 11 plan confirmed; obtained preliminary injunction after contested hearing against 35 state governments prohibiting them from removing debtor from state directories of authorized tobacco product sellers.

• Successful business restructuring
  Represented Chapter 11 Debtor with approximately $13 million in debt and obtained confirmation of plan after contested confirmation hearing allowing debtor to reorganize and continue selling high-end condominiums alongside Oregon’s Willamette River.

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