Bankruptcy and Creditors' Rights
Mr. Misley has more than 20 years experience in the areas of bankruptcy, insolvency and creditors' rights. His practice focuses on representing creditors, governmental entities and trustees in all aspects of Chapter 11, 7 and 13 cases. Mr. Misley frequently represents secured creditors in Chapter 11 cases filed throughout the country including such cases as Montgomery Ward, Regal Cinemas, Kmart, MCI WorldCom, TWA, Budget Rent-a-Car, Delta and Northwest Airlines. Jeff also represents creditors in bankruptcy litigation, including preference, fraudulent conveyance, and dischargeability proceedings. In addition, he represents business clients in state and federal court litigation filed in Oregon and Washington and provides counsel on general business matters. A significant portion of his practice involves the representation of distributors and suppliers of food products, and clients facing issues unique to agricultural producers and suppliers of agricultural commodities. Jeff Misley's practice includes:
- State and Federal Court Litigation
- Representation of Creditors in Bankruptcy
- Chapter 7 & 11 Trustee Representation
- Workouts with Creditors
- Representation of Food Distributors & Suppliers
- Bankruptcy Reorganizations
- Debtor/Creditor Rights
- Business & Bankruptcy Litigation
- Representation of Agricultural Producers & Suppliers
- Enforcement of Article 9 and Statutory Lien Rights
- Post Judgment Collection
In 2006 - 2012, Jeff Misley was among the top 5% of Oregon lawyers named to the Oregon Super Lawyers list receiving recognition in the category of Bankruptcy & Creditor/Debtor Rights.
American Bankruptcy Institute
American Bar Association
Business Law Section
Law Practice Management
Oregon State Bar
Executive Committee 1998-2000
Multnomah County Bar Association (Oregon)
Northwest Bankruptcy Institute Planning Committee (1994-1998)
Washington State Bar
B.S., Lewis & Clark College
J.D., cum laude, Northwestern School of Law at Lewis and Clark College
Environmental Law Review, 1984
Admitted to Practice
Oregon State Bar
U.S. District Court, Oregon
Washington State Bar
U.S. District Court, Western District of Washington
U.S. District Court, Eastern District of Washington
Past Speaking Engagements
A Creditor's Survival Guide To Bankruptcy: NACM - Oregon
Advanced Collection Strategies: NACM - Oregon
Aligning Managing Partner and Legal Administrator Expectations and Optimizing the Outcomes: Association of Legal Administrators
Annual Debtor/Creditor Section Meeting: Oregon State Bar
Bankruptcy Abuse Prevention And Consumer Protection Act Amendments: Sussman Shank LLP
Bankruptcy Seminar, Bankruptcy Tips and Traps for the General Practitioner: Multnomah Bar Association
Bankruptcy Update: Sussman Shank LLP
Defending Your Claim In Bankruptcy: Sussman Shank LLP
Enforcement of Guarantees: Sussman Shank LLP
Everything You Ever Wanted To Know About Bankruptcy, But Were Afraid To Ask: Sussman Shank LLP
How To Keep What You've Got When The Trustee Comes Calling: NACM - Oregon
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)
Receiverships: Multnomah Bar Association, Family Law Section
Secured Transactions: NACM - Oregon
Secured Transactions, Bankruptcy Breakfast Series: Sussman Shank LLP
Treatment of Ad Valorem Property Taxes: Sussman Shank LLP
Treatment Of State And Local Taxes In Bankruptcy (Something Old and Something New): Sussman Shank LLP
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)
Why Businesses Fail: Sussman Shank LLP
- Agriculture & AgriBusiness Law
Jeff Misley has been representing clients in the agriculture industry for more than twenty years. A significant portion of his practice involves the representation of individuals and businesses in both Oregon and Washington in all areas of agriculture law. Mr. Misley has considerable experience in the perfection and enforcement of lien and trust rights in favor of lenders, including agricultural producers of farm products under state and federal law. Mr. Misley also frequently represents farmers and ranchers, and provides general counsel to agribusiness clients. Representative work summaries include the following:
- Successfully represented Oregon agribusiness clients in a multimillion dollar merger and acquisition transaction that closed in 2007.
- Represented lenders and secured creditors in numerous insolvency and bankruptcy proceedings involving agribusinesses in Oregon and Washington.
- Prepared and successfully enforced multimillion dollar Agricultural Produce liens under Oregon Law against nonpaying purchasers of farm products and services.
- Negotiated and prepared numerous forbearance agreements that protected the rights of lenders and growers and resulted in payment in full of sums owed in excess of several million dollars.
- Assisted farmers and ranchers as borrowers and successfully restructured financial obligations under voluntary reorganizations of agribusiness operations under Chapter 11.
- Represented unpaid suppliers of agricultural products in both state and federal court, and successfully recovered all sums owed despite the existence of competing liens in favor of third parties.
- Represented sellers and buyers of agribusiness real and personal property assets both in and out of bankruptcy cases.
- Represented trustees, court appointed receivers and creditors' committees in large agricultural cases and assisted in the disposition and recovery of estate assets which resulted in the distribution of significant funds to creditors.
- Successfully enforced the rights of growers and distributors of perishable fruits and vegetables and obtained recovery of all sums owed to agribusiness clients under the Perishable Agricultural Commodities Act or "PACA".
- Represented agribusiness clients in litigation proceedings and collected payment in full from judgment debtors through the enforcement and the foreclosure of liens and security interests.
- Pursued collection efforts against third party judgment debtors and collected a $250,000 judgment in full through the enforcement of post judgment collection and lien rights.
- Prepared and drafted numerous documents necessary to agribusiness clients, including grower agreements, distribution contracts, security agreements and leases of real and personal property.
- Represented farmers and ranchers as borrowers in numerous successful workouts with lenders outside of bankruptcy court.
- Represented landlords of agricultural real property in the enforcement of lease rights against non-paying tenants.
- Successfully defended agribusiness clients in avoidance or preference litigation in federal bankruptcy courts across the country.
- Recovered more than $800,000 for unpaid suppliers of agriculture products in lien enforcement action against holders of competing liens.
- North Pacific Group of Companies
We served as lead counsel to the federal court receiver appointed to liquidate the assets of the North Pacific debtor companies. Our attorneys Barry Caplan and Jeff Misley led a team that promptly sold the company's major assets, paid its secured creditors in full within weeks of the receiver's appointment, and implemented a further liquidation strategy for the remaining assets and for distributions to creditors.