Workouts & Restructures
At Schweet Linde & Coulson, PLLC, experience has taught us that in many cases a consensual workout, forbearance or modification agreement can be more advantageous than the commencement or continuation of legal action. This is typically the case when there are factual disputes regarding the loan, the perfection of security, or the possibility of lender liability claims. A workout may also be preferable when the lender is not equipped or prepared to repossess and liquidate the collateral, or where a workout arrangement would avoid a Chapter 11 bankruptcy. Consensual workouts and restructures provide certainty, closure, and often significant savings in legal costs. As such, workouts and restructures should be explored whenever possible.
Our attorneys are broadly experienced in negotiating, drafting and finalizing workout and restructure agreements and any related documents.
Pre & Post Judgment Remedies
Schweet Linde & Coulson, PLLC is the one of the premier Seattle firms in the area of prejudgment attachment remedies. When warranted we’re able to obtain an attachment of real or personal property (prior to entry of a judgment) within several days of a referral from a client. Because we’ve specialized, we’re extremely efficient at using pleading forms and proven strategies that we’re able quickly to tailor to a client’s unique situation. When time is of the essence and when the client’s goals support such activities, we also utilize prejudgment, garnishment, replevin, and supplemental proceedings.
Our post-judgment remedies can be as simple as a wage or bank garnishment, or as complex as levying execution on personal property, foreclosing judgment liens on real estate, and challenging exemptions claimed under state law. Because Washington state exemption law is fairly balanced relative to other states, creditors pursuing debtors in Washington have remedies that may not be available elsewhere.
We’re able to test limits and create opportunities for our clients.
Foreclosure
Our attorneys and paralegals have in-depth experience and knowledge concerning all aspects of non-judicial and judicial foreclosures and real estate contract forfeitures. We handle everything from single family residence foreclosures to complicated commercial property foreclosure actions throughout the State of Washington, including deeds in lieu of foreclosure where appropriate.
Services include resolving title issues, providing additional statutory notices to guarantors on commercial loans, monitoring the progress of competing foreclosures on the same property, and mobile home title eliminations.
Where post-sale services are needed, we’re experts at occupancy workouts and eviction actions. We analyze excess proceeds cases and offer efficient services to obtain proceeds from senior lien foreclosures to which our clients are entitled. We also offer rare insight and experience in the Washington state homestead exemption and all aspects of that issue as it relates to excess proceeds recovery.
A major strength of the firm is our experience in representation of creditors in bankruptcy court proceedings and our ability to seamlessly and quickly transition between foreclosure and bankruptcy as dictated by our clients’ requirements.
Commercial Litigation
Schweet Linde & Coulson, PLLC delivers litigation services for a wide range of matters that are important to secured and unsecured lenders, lease financiers, small businesses, and individual clients. Our expertise ranges from simple commercial collections to complicated litigation involving fraudulent transfers, piercing the corporate veil, foreclosure of personal property interests, and real estate related litigation. Our attorneys are skilled in all stages of litigation, from the onset of filing a lawsuit through arbitration and trial. SLC handles litigation throughout the State of Washington in Superior Court and Federal Bankruptcy Court.
SLC makes every effort to keep litigation costs to a minimum. Many cases proceed to judgment without costly depositions and discovery, and most conclude with a judgment without ever going to trial. Our topnotch paralegal team enables us to maximize effort with less attorney time.
SLC is where experience translates into predictability and client savings.
Bankruptcy Services
“Our experience allows us to assess a situation and very quickly see the permutations of what might happen. We know what legal theories to apply and what negotiation tactics work under certain circumstances, and we use that knowledge to create highly strategic plans for our clients.” – Thomas S. Linde, Member
Schweet Linde & Coulson, PLLC handles all aspects of the representation of creditors, trustees and creditors’ committees in bankruptcy court proceedings. Services include motions to lift the automatic stay, objections to confirmation of Chapter 13 plans, reaffirmation agreements, proofs of claim and defense of objections thereto, defense of creditor’s interest to proposed sales free and clear of liens, defense of creditor’s interests in complex Chapter 11 proceedings including objections to disclosure statements and plans, reclamation actions and defense of creditors to avoidance actions commenced in bankruptcy court proceedings, including lien avoidance actions, preference actions and fraudulent transfer actions. SLC also routinely commences objection and exception to discharge actions on behalf of creditors when the facts and law warrant.
We understand bankruptcy law and know when to object when debtors test the limits of the law. With two principal partners having served as past Chairs of the Bankruptcy Section of the King County Bar Association, our reputation for excellence and in-depth understanding of the law precedes us in our work with other attorneys and in the courtroom.
