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 2004–2007, in the Bankruptcy Law Section, was named one of Washington Law and Politics Top 10 Super Lawyers for 2007, 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
Worldpoint Logistics, Inc.
Worldpoint Logistics, Inc., a licensed freight broker, was placed into an involuntary bankruptcy that was converted to a voluntary Chapter 11. Working with Worldpoint, its lender Deutsche and numerous carriers, BSK brought resolution to the litigation under a consensual Plan of Liquidation.
Associated Grocers, Inc.
Associated Grocers, a large grocery wholesaler with annual revenues of approximately $1 billion, was guided in its efforts to restructure obligations to 17 lenders. BSK negotiated and documented the terms of the restructure, including the refinance transactions that were consummated with an independent lender.
Alaska Power & Telephone Company
Representation of Alaska Power & Telephone Company included the restructuring of approximately $55 million in secured debt and in excess of $100 million in unsecured debt. After substantial negotiation, a consensual Plan of Reorganization was confirmed which allowed equity holders to retain their interests. AP&T continues to operate profitably today.
MacKenzie v. CLS
Mr. MacKenzie had borrowed money from a lender in his efforts to develop his family farm into a commercial retail center. The lender declared a default and was seeking to foreclose on his loan when Mr. MacKenzie filed his bankruptcy and BSK commenced a lender liability action against the lender. After a three-week trial in bankruptcy court, Mr. MacKenzie received a large judgment against the lender, culminating in a very beneficial settlement.
The Catholic Bishop of Spokane a/k/a The Catholic Diocese of Spokane
Gayle Bush was appointed as the future claims representative in the Catholic Bishop of Spokane bankruptcy case. He represents potential claimants who have not yet come forward and who have certain limitations in their understanding of events and/or consequences incurred therefrom. He also represents claimants who are minors.
WoDo, LLC
A subsidiary of Trillium Corporation, WoDo owns several parcels of real property which are part of Denver Commons. The properties are located in the proximity of Denver’s sports arenas. WoDo’s primary secured lender was placed into a receivership proceeding by the State of Washington. Under the direction of its Receiver, the lender commenced foreclosure proceedings against WoDo’s property. BSK filed a Chapter 11 petition on behalf of WoDo and negotiated a settlement with its lender, reducing a $23 million secured debt to $15.8 million. The settlement was approved by the bankruptcy court. A proposed Plan of Reorganization is pending before the Bankruptcy Court.
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® 1999–2008.
- The Best Lawyers in America 1989–2007 (Bankruptcy and Creditor-Debtor Rights Law).
- Seattle Magazine’s Top Lawyers, Bankruptcy Law Section 2004–2007.
- Martindale Hubbell AV-rated.
- Chambers USA, America’s Leading Lawyers for Business, Bankruptcy Section 2005–2007
- 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
