Jason M. Ayres

Overview

Financial institutions and diverse businesses consistently count on Jason to negotiate complex commercial transactions and to obtain optimal resolutions in insolvency, bankruptcy and litigation matters.

Jason’s practice focuses on commercial transactions, workouts, bankruptcy and insolvency proceedings, and commercial litigation. He regularly assists lenders and borrowers in drafting and negotiating sophisticated loan documentation. Jason’s experience additionally includes helping financial institutions, small businesses and farms in commercial insolvencies, bankruptcy proceedings and business disputes. He frequently advises clients in complex Chapter 11 and Chapter 12 bankruptcy proceedings as well as receiverships and workouts and is a regular speaker on these topics.

Jason has significant experience in matters involving agricultural lending, healthcare lending and equipment leasing and financing. He is an effective negotiator and facilitator, and dedicated to providing practical solutions to his clients facing complex commercial and agricultural issues.

Professional Activities

• American Bankruptcy Institute, Member
• Oregon Bankers Association, Member
• Oregon State Bar, Member
  • Agricultural Section
  • Debtor Creditor Section
• Risk Management Association, Member
  • General Counsel and Board Member, 2020-present
• Turnaround Management Association, Member
• Washington State Bar Association, Member
  • Debtor Creditor Section

Experience

Prevailed in Eight-Day Trial to Confirm Lender’s Plan Over Winery Debtor
Assisted a lender in obtaining the appointment of a receiver in state court for vineyard/winery borrowers who subsequently filed Chapter 11. Successfully objected to the debtor’s attempt to convert to a Subchapter V proceeding. Secured confirmation of the lender’s competing plan of liquidation over the debtor’s reorganization plan following an eight-day trial in the Eastern District of Washington.

Secured Lender Victory in Near Three-Year Farm Bankruptcy Dispute
Represented a lender to successfully obtain confirmation of its competing plan over a farm debtor, which had filed a highly contested Chapter 11 and later unsuccessfully attempted to convert to Chapter 12. This favorable confirmation concluded a complex, nearly three-year dispute that originated in Washington state court litigation involving three co-borrowers.

Ensured Full Recovery for National Lender in Construction Developer Chapter 11
Represented a national lender in the Chapter 11 reorganization of a regional construction developer, achieving the strategic outcome of payment in full for significant loans secured by residential developments.

Negotiated Favorable Resolution in Complex Farm Litigation and Workout
Represented a financial institution in intricate litigation and workout proceedings involving a large regional potato and onion farmer, securing a favorable resolution and an agreed payoff to the lender.

Executed Multi-State Recovery of Cattle and Proceeds for Lender
Assisted a lender in obtaining the appointment of a receiver over a cattle operation to direct the recovery of collateral—cattle and proceeds—across multiple states and to pursue fraudulent conveyances associated with missing cattle.

Reclaimed and Sold Equipment Despite EPA CERCLA Lien and Trustee Claims
Assisted an equipment finance company in a converted Chapter 11 bankruptcy to obtain possession of equipment financed for a fertilizer manufacturer, which was subject to CERCLA claims by the EPA and an asserted surcharge by the Chapter 7 trustee. Secured the equipment free of all liens and claims, then negotiated its subsequent sale to an international buyer on the client’s behalf.

Negotiated Release of Over $17 Million in Guaranteed Debt in Chapter 11 Wind-Down
Represented an equipment lease and finance company in a Chapter 11 bankruptcy to wind down the debtor company, while successfully negotiating a release of guaranteed debt exceeding $17 million.

Routinely Secures Receivers for Commercial Real Estate and Business Liquidations
Regularly assists lenders in obtaining court appointments of receivers to liquidate diverse commercial properties and businesses, including entertainment venues, apartment complexes, coastal hotels, and a boat manufacturing business.

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