Jim Day has significant experience representing clients in a variety of industries, including commercial and residential real estate development, manufacturing, high tech and internet-based entities, wholesale distribution; fishing and maritime, telecommunications and franchise restaurants.
Meridian Sunrise Village L.L.C. Mr. Day represented the client in its Chapter 11 bankruptcy case. Client developed a shopping center in Pierce County, Washington, that secured construction financing largely held by a four-bank syndicate totaling about $65 million. The center came online in 2008 and did not lease up as quickly as anticipated, and the financing came due. During negotiated forbearance periods disputes among the lenders arose, and the lender group commenced charging default interest of almost $250,000 per month. After the bankruptcy was filed, one of the lenders sold its interests to a fund in violation of the relevant loan agreement. Mr. Day obtained a preliminary injunction barring the acquiring fund from participating in the bankruptcy and, after two days of trial, negotiated and obtained confirmation of a consensual plan with the remaining lenders.
B & T Olson Family LLC Mr. Day represented the client in its Chapter 11 bankruptcy case. The client owned several income-producing properties in Snohomish County, Washington secured by various loans from Opus Bank and KeyBank totaling $14.5 million. A loss of a key tenant and the corresponding income largely precipitated the bankruptcy filing. Significant efforts were made to negotiate a consensual plan with Opus, all of which were rejected, and Mr. Day and the client prepared for trial on plan confirmation. Prior to the start of the first day of trial, Opus invited settlement discussions, and the parties thereafter negotiated a consensual plan.
TC Global, Inc. (Tully's Coffee) The firm represented TC Global, Inc. (Tully's Coffee) in its sale process through Chapter 11, working with the company to set up an auction process and completing the details which lead to a closed-sale transaction sufficient to pay creditors all, or nearly all of their debt. The process generated a greater return than estimated by financial professionals and proceeds are being distributed to unsecured creditors.
Builders and Developers Mr. Day has represented numerous commercial and residential builders and developers in connection with bankruptcy reorganizations and in out-of-court workout negotiations with lenders towards a restructure of debt obligations and disposition of collateral. These engagements have each typically involved the restructure of secured obligations of numerous lenders holding debt totaling from $20 million to more than $500 million. Mr. Day recently obtained confirmation of a plan in an individual Chapter 11 case.
Pierce County Housing Authority Mr. Day represented Pierce County Housing Authority in its Chapter 9 municipal bankruptcy, the first Chapter 9 in Western Washington in approximately 20 years. PCHA owns and operates 14 housing apartment complexes and a number of other single-family residences in Pierce County, and serves thousands of individuals with low or moderate income in Pierce County. The bankruptcy was filed to allow PCHA to adjust its obligations. After long and difficult negotiations, a consensual Plan for the Adjustment of Debts was presented and approved by the bankruptcy court that allowed PCHA to successfully retain each of its properties and maintain its operations.
In re Coast to Coast Seafoods, Inc. Coast to Coast was a $100 million fresh and frozen seafood distributor hit hard by a collapse in the frozen shrimp market as well as by a secured lender that sought to exit the industry by systematically reducing Coast to Coast’s funds availability. Mr. Day represented Coast to Coast in connection with a Chapter 11 filing and confirmation of a plan through which approximately $16 million of secured debt was fully paid and a significant dividend was paid to unsecured creditors.
Skippers Mr. Day represented Skippers, previous owner and operator of more than 70 seafood restaurants in several states in its Chapter 11 case. Skippers completed an asset sale and completed distributions to creditors.
Seagulf Group LLC. Seagulf Group developed a luxury condominium project, but became unable to sell its units, following disputes with its general contractor and the filing of construction liens. Mr. Day represented Seagulf Group in connection with a Chapter 11 bankruptcy filing and the subsequent confirmation of a plan that allowed for the resumption of sale activities and the eventual sale of all units and a resolution of the various lien claims.
Deep Pacific Fishing Co. Deep Pacific owned and operated two long-line fishing vessels. Due to a change in the law regarding foreign ownership of US-flagged vessels and a resulting dispute between the debtor’s two owners, a Chapter 11 bankruptcy was commenced. Mr. Day represented Deep Pacific in proceedings that eventually led to the auction sale of the vessels for almost $10 million, an amount that paid all claims in full and returned substantial value to the two owners.
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