James L. Day
Partner
Education
- Bachelor of Arts, Economics, University of Washington, 1987
- Juris Doctor, University of Washington, 1990
Representative Cases
Jim Day has significant experience representing clients in a variety of industries, including commercial real estate development, manufacturing, high tech and internet-based entities, wholesale distribution; fishing and maritime, telecommunications and franchise restaurants.
In re Coast to Coast Seafoods, Inc.
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’s funds availability. BSK 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.
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. BSK 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.
Automotive Maintenance Supply, Inc.
Automotive Maintenance Supply was one of the Northwest’s largest independent wholesale distributors of automotive parts and supplies until it suffered a significant loss of sales following the general and regional economic downturn. BSK represented AMS in connection with a Chapter 11 filing that eventually positioned the company for a favorable acquisition by CarQuest.
Magnacom Wireless, Inc.
Magnacom Wireless was a subsidiary of GST Telecom, which was itself a Chapter 11 debtor in a case pending in Delaware. In the Magnacom case, BSK represented the largest unsecured creditor and were instrumental in securing a $2 million settlement of claims against GST and defeating a $48 million claim asserted by the Federal Communications Commission, which resulted in a distribution to our client of more than $900,000.
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. BSK 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.
Professional Activities and Memberships
- Law Clerk to Judge Sidney C. Volinn, U.S. Bankruptcy Court, Western District of Washington, on both trial matters and appeals before the Bankruptcy Appellate Panel of the Ninth Circuit.
- Admitted to practice in Western and Eastern Districts of Washington and the District of Oregon; Ninth Circuit Court of Appeals
- Member, American Bankruptcy Institute
- Member, Turnaround Management Association
- Member, King County Bar Association, Creditor-Debtor Section
- Member, Washington State Bar Association
- Member, California Bar Association (inactive)
- Member, Federal Bar Association, Creditor-Debtor Section.
Reported Cases
- In re Video Depot. Ltd., 127 F.3rd 1195 (9th Cir. 1997)
- In re Kemp Pacific Fisheries, Inc., 16 F.3d 313 (9th Cir. 1994)
- In re Precision Autocraft. Inc., 197 BR 901 (Bankr. W.D. Wash. 1996)
Honors
- Washington Law & Politics Super Lawyers® 2001–2008
- Martindale Hubbell AV-rated.
Presentations
- Executory Contracts and Unexpired Leases, Washington State Paralegal Association
- An Overview of Chapter 11: Leases; preferences; cash collateral; Chapter 11 plan process; involuntary bankruptcy, Washington State Bar Association
- Automatic Stay, Relief from Stay, Mortgage Arrearages, Objections to Confirmation, Washington Law Institute
- Gambling and Fraudulent Conveyances: Current Issues of Recovery of Fraudulent Transfers, King County Bar Association