Oren Haker

Oren Haker

Oren Haker practices in Stoel Rives’ Corporate group, focusing on the representation of a wide range of parties in workouts, debt restructurings, receiverships and bankruptcy cases, including corporate debtors, trade and financial creditors, creditors’ committees, lessors, and strategic and financial investors acquiring assets of troubled companies. Oren’s experience includes pre­bankruptcy planning, including advising directors and officers on insolvency issues, and exploring out-of-court and non­bankruptcy options in the first instance. In bankruptcy cases, Oren’s experience includes cash collateral and DIP financing matters, intercreditor disputes, reclamation and section 503(b)(9) issues, bankruptcy sales under section 363, chapter 11 plan and post-confirmation trust formation issues, fraudulent transfer and preference litigation, and application of safe harbor provisions of the Bankruptcy Code.

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Stoel Rives Bankruptcy Partner Participates in Panel at ABI’s Southwest Bankruptcy Conference

Bankruptcy partner Oren Haker was a recent attendee at the American Bankruptcy Institute’s 26th Annual Southwest Bankruptcy Conference, where he participated in the panel “Be Careful What You Ask For: Risks and Benefits of Involuntary Bankruptcy Filings.” The other panelists included the Honorable Martin Barash, U.S. Bankruptcy Court, CD Cal.; Janet Chubb, Esq., Of Counsel, … Continue Reading

Bankruptcy Discharge Violations: Contempt Requires Actual Knowledge

On April 23, 2018, the Ninth Circuit held in In re Taggart (the “Opinion”) that a creditor will not be held in contempt for violating the bankruptcy discharge injunction if it has a good-faith belief, even if unreasonable, that the discharge injunction does not apply to it.  A copy of the Opinion is available here.  … Continue Reading

Ninth Circuit Allows Property Sale Free and Clear of Leases

Section 365(h) of the Bankruptcy Code provides tenants special protections in the event their landlord files for bankruptcy, by giving tenants the option of retaining their possessory rights under their leases, notwithstanding the landlord’s rejection of such leases.  A question that has divided courts across the county is what happens to a tenant’s possessory interest … Continue Reading

Gabrielle Glemann: A Welcome Addition to Our Bankruptcy Practice

Stoel Rives is pleased to welcome Gabrielle Glemann as Of Counsel in our Corporate Group in Seattle. Her arrival solidifies our bankruptcy practice both in the Pacific Northwest and nationally. Our clients will greatly benefit from Gabrielle’s significant experience in national and international corporate bankruptcy and bankruptcy litigation matters. Before joining the Stoel Rives team, … Continue Reading

“The world will end not in fire, or ice, but in a bankruptcy court.”

Those words are from Justice Sotomayor’s opinion in the recent decision by the Supreme Court in Wellness International Network, Ltd. v. Sharif, which decision has generated significant press coverage (and blog postings) among bankruptcy practitioners across the country. This author certainly doesn’t intend to add to the noise out there by reciting the facts and procedural … Continue Reading

Wells Fargo Caught in the Crosshairs of the Automatic Stay

The Weidenbenners (aka the “Debtors”) had four accounts with Wells Fargo that held $6,923.54 when they filed for chapter 7 protection on March 7, 2014.  At the time they filed their petition, they claimed as exempt all of these funds.  Upon learning of the bankruptcy filing on March 12, 2014, Wells Fargo placed an administrative … Continue Reading

Challenging Insolvency through a Recharacterization Claim

An interesting decision from the Bankruptcy Court in the Eastern District of Tennessee shows how a defendant tried to defeat a preference claim by recharacterizing debt on the debtor’s balance sheet as a capital or equity contribution.  In Paris v. SSAB Enterprises, LLC (In re SIAG Aerisyn, LLC), the defendant tried to render the debtor … Continue Reading

Welcome to the Restructuring Debt Review

Welcome to the Restructuring Debt Review (the “RDR”).  The RDR blog is devoted to covering legal developments in the areas of troubled businesses, distressed debt and insolvency law.  Many of the posts will discuss recent developments under the federal Bankruptcy Code as it applies to local, regional, national and international situations.  We intend all of … Continue Reading

Valuing Assets in Chapter 11 – A Moving Target

A recent decision out of the First Circuit Court of Appeals illustrates the importance of the value of the collateral of creditors with fulcrum security, as that value relates to creditors’ rights to pendency interest. In re SW Boston Hotel Venture, LLC, et al. involved a failed construction project by SW Boston Hotel Venture, LLC … Continue Reading

The Muddy Waters of Claim Classification

The chapter 11 case of In re Hyatt out of the Bankruptcy Court for the District of New Mexico illuminates a debtor’s use of claim classification to allocate creditors different recoveries under a liquidating plan.  While this debtor was ultimately successful in getting its Disclosure Statement approved by the Bankruptcy Court, this strategy ultimately hinges … Continue Reading

Credit Bidding in Bankruptcy – Not So Sacrosanct

In devising loan-to-own lending strategies, the Delaware Bankruptcy Court’s decision in In re Fisker Auto. Holdings, Inc. serves as a warning shot to secured lenders that private sales on an  expedited basis are hard sells to a bankruptcy judge. Fisker Automotive Holdings (“Fisker”) produced hybrid electric cars but ran into financial distress due to operating … Continue Reading
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