Danial D. Pharris

Principal

Practice Emphasis

Creditors’ Rights, Bankruptcy, and Receivorships; Commercial Dispute Resolution including Trial Work and Collection of Judgments

Education

  • Bachelor of Arts, 1978, Western Washington University
  • Juris Doctor, 1983, University of Puget Sound

Representative Cases

Creditors’ Rights

  • Dan represents a number of regional companies with regard to their regular and on-going commercial credit and collections. This includes foreclosure of security interests and liens, bond claims, pre-judgment attachment, repossessions, suits for fraudulent transfers, to pierce the corporate or LLC veil, commercial disputes, executions on judgments, garnishments, loan workouts and defaults.

Bankruptcy

  • In re PT Cable, Inc. – Represented creditors in a $50 million lawsuit by the trustee relating to alleged fraudulent transfers and leveraged buyout.
  • In re E.J. Bartells Co. – Obtained court approval of a Debtor’s Plan of Reorganization in the first asbestos-related Chapter 11 case in the Northwest, including a Johns Manville-type personal injury trust and mass tort channeling injunction.
  • In re Aeroamerica, Inc. – Acted as counsel for trustee, including an adversary proceeding against the former CEO to recover funds allegedly embezzled from the sale of a Boeing 720 aircraft. Worked with London and Geneva counsel to obtain discovery and trace the funds through London and Zurich bank accounts.
  • Sewat, J.V. v. Alcan Aluminum Corporation and Crucible Steel Corporation – Represented a trustee as plaintiff in a case that resulted in a month-long jury trial in U.S. District Court and a jury verdict in his clients’ favor.
  • In re Nova Enterprises – Represented a group of creditors to defeat the reorganization plan of a cable television operating company and its subsidiaries, and obtained court approval of a Creditors’ Plan of Reorganization. All creditors were paid in full.
  • In re Pribilof Island Processors, Inc. – Represented the creditors’ committee in a case involving an on-shore fish processing plant in Alaska. Confirmed a Plan of Reorganization on behalf of the Creditors’ Committee and successfully subordinated or eliminated tens of millions of debt claimed by insiders and others.
  • In re Pacific Coast Escrow – On behalf of the creditors committee, successfully collected creditors’ trust funds that were embezzled.

State Court Receivership Cases

  • Dan has worked on state court receiverships dating back to the 1980s, including the ASC Liquidating Company (formerly SCA Wolff Tanning Systems) (liquidation of the tanning bed manufacturer) and other cases. Since the 2004 revisions to the Receivership Act, Dan’s work in this area has significantly increased.
  • Since the 2004 enactment of RCW 7.60, Dan has acted as receiver, represented debtors, creditors and receivers in Washington State receiverships involving operation and liquidation of going concern businesses, real estate projects and other enterprises.
  • Dan had a one-week trial in an LLC dispute that resulted in the King County Superior Court voiding several fraudulent transfers and appointing a receiver that sold the LLC property to pay his clients’ judgment and attorney’s fees.

Publications

  • Creditors Should Consider the Impacts of Bankruptcy, Seattle Daily Journal of Commerce
  • Single Asset Real Estate Bankruptcy Cases, King County Bar Association

Presentations

  • “Preferences and Fraudulent Transfers,” National Business Institute, August 2015
  • “Credit and Bankruptcy Issues,” National Business Institute, August 2014
  • “Creditor Remedies Available in Bankruptcy,” National Business Institute, December 2013
  • “Top 6 Complications in Bankruptcy,” National Business Institute, August 2013
  • “Fundamentals of Landlord-Tenant Law,” Sterling Education Services, July 2013
  • “Bankruptcy and Debtor-Creditor Law,” King County Bar Association Continuing Legal Education, April 2013
  • “Collections and FDCPA Compliance,” National Business Institute, December 2012
  • “Bankruptcy Litigation 101,” National Business Institute, March 2012
  • “Effective Creditor Representation in Bankruptcy,” National Business Institute, 2011
  • “Uniform Commercial Code: Article 9,” Sterling Education, 2011
  • “Seeking and Collecting a Judgment,” National Business Institute, 2011
  • “Bankruptcy’s Implication in Collection,” National Business Institute, 2011
  • “Nuts and Bolts of Collection,” National Business Institute, 2011
  • “Real Estate Loans and Workouts,” National Business Institute, 2010
  • “Landlord/Tenant Law in Bankruptcy,” Sterling Education, 2009
  • “Real Estate Workouts,” National Business Institute, 2007
  • “Washington State Receiverships,” King County Bar Association, 2005
  • “Aligning Your Practice with the BAPCPA Bankruptcy Amendments of 2005,” National Business Institute
  • “Bankruptcy Reform Update—One Year Later,” National Business Institute
  • “The 2004 Washington State Receivership Act,” King County Bar Association
  • “Advanced Real Estate Law: Credit and Bankruptcy Issues,” National Business Institute
  • “Landlord-Tenant Law Update,” Sterling Education Services
  • “Collection Law from Start to Finish,” National Business Institute
  • “Effective Commercial Foreclosure Strategies,” National Business Institute
  • “Loan Workouts and Receiverships,” National Business Institute
  • “Single Asset Real Estate Bankruptcy Cases,” King County Bar Association
  • “Advising the Financially Troubled Business,” Washington State Bar Association
  • “Introduction to the Most Common Forms of Bankruptcy: Chapter 7, 11 and 13,” Eleventh Annual Pacific Northwest Bankruptcy and Credit Seminar
  • “Successful Collection of Judgments in Washington,” National Business Institute
  • “Construction in Bankruptcy,” King County Bar Association
  • “Proposed Amendments to the Bankruptcy Code,” National Association of Credit Management National Convention
  • “Fair Debt Collection Practices Act: Compliance for the Washington Practitioner,” National Business Institute
  • “Creditors’ Rights and Protection of Security Interests In Bankruptcy,” Sterling Education Services