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Susan S. Ford - Sussman Shank LLP - Attorneys

   Susan S. Ford
Partner

1000 SW Broadway
Suite 1400
Portland, Oregon 97205
(503) 227-1111 Main
(503) 243-1657 Direct
(503) 248-0130 Fax

E-mail:
susanf@sussmanshank.com

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Practice Areas
Banking and Finance
Bankruptcy and Creditors' Rights
Business Litigation

Professional Experience
Ms. Ford chairs the firm's Business Litigation Group, is a member of the Bankruptcy and Creditors' Rights Department, and the Banking and Finance Group. She represents clients on a national level in multiple bankruptcy jurisdictions and focuses on business litigation, both within and outside a bankruptcy context, in state and federal courts. Ms. Ford's recent cases include representation of the Archdiocese of Portland in its precedent-setting Chapter 11, which resulted in a confirmed plan of reorganization, and Multnomah County, Oregon in the Delta and Northwest Airlines bankruptcy cases. She frequently represents clients across the country in Chapter 11 cases including secured and unsecured creditors in the following cases: Montgomery Ward, Regal Cinemas, TWA, Budget Rent-A-Car, MCI World Com, K-Mart, Mainland Marketing and Rocky Mountain Forest Products.

Ms. Ford is admitted to practice in Oregon and Washington, the U.S. District Courts for the District of Oregon, Western District of Washington, Eastern District of Washington and  the Ninth Circuit Court of Appeals. Her practice focuses on the following areas and industry groups:

  • Banking
  • Bankruptcy - Chapter 11; Creditor's Rights; Trustee Litigation
  • Business Torts
  • Contract Litigation
  • Corporate and Partnership Disputes and Litigation ("Business Divorce")
  • Debtor/Creditor Litigation
    • Fraudulent Conveyances and Transfers
    • Injunctive Relief and Provisional Process
    • Receiverships
  • Distributor/Wholesaler/Retailer Litigation
  • Fiduciary Liability
  • Non-Bankruptcy Workouts
  • Post-Judgment Collection
  • Real Estate Disputes
    • Commercial Landlord/Tenant
    • Foreclosures
  • Secured Creditor Lien Enforcement (UCC Article 9 Rights)

Honors/Awards
Preeminent AV®, peer review rated by Martindale-Hubbell.
Selected for inclusion in the 2011 and 2012 edition of The Best Lawyers in America® in the practice area of Bankruptcy and Creditor-Debtor Rights Law.

Professional Organizations
American Bankruptcy Institute
American Bar Association
Multnomah Bar Association
NW Regional Turnaround Management Association
      Board of Directors (2005-2007)
Oregon Banker's Association Associate Member (2007 - Present)
Oregon State Bar
      Executive Committe, Debtor-Creditor Section (2007 - Present)
      Co-Chair, Debtor-Creditor Section Annual Meeting and CLE (2003 - Present)
Oregon Women Lawyers
Washington State Bar Association
      Creditor-Debtor Section

Education
B.A., Lewis and Clark College
J.D., cum laude, Northwestern School of Law at Lewis and Clark College
      Associate Editor, Environmental Law, the Law Journal of Northwestern School of Law at Lewis and Clark College
      American Jurisprudence Award Winner, Torts

Civic Organizations
Jesuit High School Mock Trial Team Volunteer Attorney/Mentor
Classroom Law Project

Admitted to Practice
Oregon State Bar
      U.S. District Court, Oregon
Washington State Bar
      U.S. District Court, Eastern District of Washington
      U.S. District Court, Western District of Washington
U.S. Court of Appeals, Ninth Circuit

Past Speaking Engagements
2008 Creditors Rights Seminar: Weathering the Economic Storm: Sussman Shank LLP
20th Annual Northwest Bankruptcy Institute, Vancouver, B.C.: Secured Creditor Update (2007)
Bankruptcy 2005: State and National Legislative Changes for Northwest Practitioners - Tax Considerations: Oregon State Bar Debtor-Creditor Section Annual Meeting and CLE (2005)
Bankruptcy Litigation, Annual Saturday Session: Oregon State Bar (2002)
Bankruptcy, Oregon Association of Tax Collectors Annual Meeting: Oregon Association of Tax Collectors (2002)
Collecting Judgments: Perils And Practice Tips: Oregon Law Institute (2002)
Creditors' Rights and Protection of Security Interests in Bankruptcy: Sterling Education Services (2002)
Debor-Creditor Practice in State and Federal Courts - Views from the Trench: Oregon State Bar Debtor-Creditor Section Annual Meeting and CLE (Moderator) (2006)
Drafting and Enforcing Commercial Leases in Oregon: Sterling Education Seminars (2007)
International Municipal Lawyers Association (IMLA) National Conference: Things Just Got a Whole Lot Better - Impact of the 2005 Bankruptcy Amendments on State and Local Taxing Authorities (2006)
NW Turnaround Management Association - Recent Developments in Release of Confidential Information in Sale of Businesses (2006)
Tax Claims in Bankruptcy: Oregon State Bar Tax Section (2003)
Why Bad Things Happen to Good Counties: Sussman Shank LLP
Why Bad Things Happen to Good Counties - Part II - A Survival Guide to Bankruptcy: Sussman Shank LLP (2003)

Representative Work
  • Representation of Multnomah County, Oregon in the Delta Airlines Chapter 11 in the Southern District of New York, obtaining 100% payment of its secured claim after proceedings to object to confirmation of Delta's Chapter 11 Plan. Our objection on behalf of the County was publicized in national news reports. The Delta victory was followed by successful resolution of the County's claim in the Northwest Airlines Chapter 11 case.
  • Representation of governmental entities and secured creditors in obtaining dismissals for "abuse" in three Chapter 13 cases under the pre-2005 amendments to the Bankruptcy Code. All matters were contested hearings involving repeat bankruptcy filers.
  • Representation of Secured Creditor in three related bankruptcies in the District of Washington in a mediation which took place in Oregon. Negotiated settlement which resulted in full payment of debt owed to client exceeding $2 million.
  • Obtained judgments for Community Bank against guarantors and commercial borrower in Washington State Superior Court of nearly $500,000. Subsequently, guarantors filed bankruptcies in the Western District of Washington attempting to discharge the indebtedness. We successfully litigated claims on behalf of Community Bank denying guarantors the right to discharge the debts under Sections 727 and 523 of the Bankruptcy Code and obtained Judgments of Nondischargeability of Indebtedness in favor of our client.
  • Represented national RV dealer in breach of commercial lease litigation in Oregon State Court. Obtained temporary restraining order against tenant regarding removal of luxury motor coaches and leaving premises without payment of rent in default, plus future rent, within 5 days of being retained. Settled the case just prior to show cause hearing on injunction for in excess of $200,000 cash in escrow, plus 100% payment of client's attorneys fees and costs. The case for injunctive relief was resolved and client obtained recovery within 16 days of retention.
  • Obtained nearly 100 % recovery in litigation on behalf of Bankruptcy Trustee against debtors and electric cooperative alleging breach of bylaws and breach of fiduciary duty.
  • Representation of Archdiocese of Portland in precedent-setting litigation in Chapter 11 to Estimate Value of Present and Future Child Sex Abuse Claims. Court's favorable decision to estimate claims laid the basis for successful global mediation and confirmation of Archdiocese's Chapter 11 Plan of Reorganization.
  • Successfully obtained relief after filing an involuntary bankruptcy petition against a Willamette Valley real estate developer who owed client secured and unsecured debt of well in excess of $1 million. The case proceeded as a Chapter 11 in the Eugene division of the District of Oregon. Successfully obtained conversion of the case to Chapter 7 after a contested hearing. These results were obtained within one year of the date of filing the bankruptcy case.
  • In a precedent-setting decision in the District of Oregon, established the market rate of interest for unpaid ad valorem secured tax liabilities at 15%. This case set the standard for several years in Oregon.
  • Representation of an unsecured lumber wholesaler in Delaware Chapter 7 bankruptcy of a lumber products company. Successfully opposed Bank's claimed first lien position on all real and personal property assets, (which would mean zero recovery by other creditors). Bank conceded personal property assets were not subject to its lien, thereby making assets available to pay client's claim.





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Disclaimer: The information in this Web site is for general purposes only and should not be construed as specific legal advice by Sussman Shank LLP or its attorneys. If you have specific legal questions consult with your own lawyer or call to make an appointment.

 
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