Gayle E. Bush
Partner
Gayle Bush specializes in commercial debtor and creditor issues, emphasizing out-of-court workout agreements, Chapter 11 bankruptcy reorganizations, and liquidations. He has significant experience with financial problems involving a wide variety of businesses. He is a Fellow of the American College of Bankruptcy. He is AV-rated and has been included in every edition of The Best Lawyers in America since 1985, was named one of Seattle Magazine’s Top Lawyers 2004–2009, in the Bankruptcy Law Section, was named one of Washington Law and Politics Top 10 Super Lawyers for 2007–2010, and is a former President of the Federal Bar Association (Western District of Washington). Chambers USA, an independent directory which researches and assesses law firms and lawyers in America, cited BSK lawyers as “effective, pragmatic” “creative and practical,” cited Gayle Bush as “a top-tier debtor lawyer,” cited Jay Kornfeld as “an outstanding negotiator,” and cited the pair as “names that instantly spring to mind” and “a pair of creative problem solvers.”
Education
- Bachelor of Arts, Seattle Pacific University, 1971
- Juris Doctor, cum laude, Seattle University, 1976
Representative Cases
Port Townsend Paper
BSK represented Port Townsend Paper Corporation, the owner of a large paper mill in Port Townsend, Washington, in its Chapter 11. Port Townsend Paper employed more than 300 individuals in the U.S. and together with its affiliates generated annual sales of $200 million prior to its Chapter 11 filing. Port Townsend’s secured debt, including bond debt, exceeded $100 million. Port Townsend Paper successfully confirmed a Plan of Reorganization converting its secured debt to equity and continues to own and operate its mill.
Entellium Corporation
BSK represents Entellium in a pending Chapter 11 that was filed to facilitate the sale of its business. Entellium successfully completed the sale of its assets and distribution to creditors has begun.
Brown & Cole Stores LLC
BSK represented Brown & Cole in its Chapter 11 case. Brown & Cole initially operated 30 grocery stores in NW and Central Washington, has approximately 1,200 mostly union employees, and generates annual sales of almost $300 million. At the time of filing, Brown & Cole’s secured debt exceeded $100 million. After making modifications to its operations during its Chapter 11, Brown & Cole confirmed an operating Plan of Reorganization in December 2007, successfully restructuring its capital structure and pension obligations to facilitate its continued operation.
Deep Ocean Expeditions, LLC
BSK currently represents Deep Ocean Expeditions in its Chapter 11. Deep Ocean’s business consists of re-fitting the M/V Alucia, a 183-foot vessel equipped with three deep diving submersibles used in deep ocean exploration and research. BSK negotiated a $6 million debtor-in-possession loan to immediately pay off all maritime lien claimants, complete the vessel refit, and market the vessel for sale at a $42 million listing price which would result in full payment to all creditors. A Plan of Reorganization was confirmed in February 2009.
Residential Developers/Builders
During late 2007 to date, BSK has represented and/or consulted with approximately 25 residential developers/builders in addressing the severe downturn in residential real estate. Cumulatively, these clients owe between $2.25–2.5 Billion in secured debt to lenders and own real estate throughout Washington, Idaho, and Oregon.
MCE Television Unsecured Creditors Committee
BSK serves as local counsel to the Unsecured Creditors Committee in the MCE Television Chapter 11, including participation in potential D&O litigation in which the Committee is spearheading.
Spokane Archdiocese – Future Claims Representative
Gayle Bush served as the Future Claims Representative and BSK served as counsel to the Representative in the Spokane Archdiocese Chapter 11, and participated in the substantial litigation and intense settlement process that ultimately led to a confirmed Plan of Reorganization and substantial distributions to and provisions for abuse victims.
Professional Activities
- Member, Standing Bankruptcy Advisory Committee for the Eastern District of Washington
- Member, American Bankruptcy Institute
- Past President, Federal Bar Association
- Past Elected Delegate to the Ninth Circuit Judicial Conference
- Past Trustee of the Young Lawyers Section of the King County Bar Association
- Law clerk to Justice James Dolliver of the Washington State Supreme Court 1977–1978
- Regular speaker at CLE seminars on commercial debtor and creditor issues
Honors
- Fellow, American College of Bankruptcy
- Washington Law & Politics Super Lawyers® 1999–2010; Top Ten Super Lawyers 2007–2010
- The Best Lawyers in America 1989–2010 (Bankruptcy and Creditor-Debtor Rights Law)
- Seattle Magazine’s Top Lawyers, Bankruptcy Law Section 2004–2010
- Martindale Hubbell AV-rated
- Chambers USA, America’s Leading Lawyers for Business, Bankruptcy Section 2005–2010
- Seattle Business Monthly’s Best Business Lawyers, Bankruptcy Law Section, 2007–2008
Presentations
- Enforcing Secured Claims, Professional Education Systems, Inc.
- Bankruptcy Litigation and Practice, Professional Education Systems, Inc.
- Washington Secured Transactions, Professional Education Systems, Inc.
- Chapter 12: The Family Farmer Bankruptcy Act of 1986, Northwest Bankruptcy Institute of Washington, Inc.
- 1) Consumer Bankruptcies: Responsibilities When Representing the Debtor and When Representing the Creditor, 2) Roles in Commercial Proceedings, 3) Procedures in Adversarial/Contested Matters, Professional Education Systems, Inc.
- Problems With Executory Contracts and Leases, Professional Education Systems, Inc.
- Protection of Secured Interests in Bankruptcy in Washington, National Business Institute
- Cash Collateral, King County Bar Association
- Pre-Bankruptcy Counseling for the Business & Consumer Debtor, King County Bar Association
- Partnership Bankruptcies, King County Bar Association
- Executory Contracts & Unexpired Leases, Lorman Business Center, Inc.
- Bankruptcy Law and Practice-Conflicts and Ethics, International Law Institute
- Alternative Dispute Resolution in Bankruptcy, King County Bar Association
- The Bankruptcy Compensation Process, Federal Bar Association (EDWA)
- Appraisal and Other Expert Testimony in Bankruptcy, King County Bar Association
- Corporate Insolvency, Washington Employment Lawyers Association
- Valuation Analysis, Association of Insolvency Accountants
- Real Property/Bankruptcy Update, King County Bar Association
- Real Property Lease Issues in Bankruptcy, King County Bar Association
- Amendments to Bankruptcy Code, Washington State Bar Association
- E-Bankruptcies, Oregon State Bar Association
