Professional Biography

John S. Kaplan Partner

  • Seattle

    D +1.206.359.8408

    F +1.206.359.9408

    Seattle

    1201 Third Avenue, Suite 4900

    Seattle, WA

    +1.206.359.8408

    JKaplan@perkinscoie.com

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OVERVIEW

EXPERIENCE

Experience

Bankruptcy Cases

In re Hawaiian Airlines Inc.

U.S. Bankruptcy Court for the District of Hawaii
Representation of Boeing and affiliates in a heavily contested motion for appointment of a Chapter 11 trustee based on mismanagement and malfeasance related to CEO and majority owner's stock repurchase prior to insolvency. Motion granted following trial.

In re 76th Avenue Associates

U.S. Bankruptcy Court for the Western District of Washington
Representation of secured lender in single asset real estate case.

In re BC Northwest, L.P.

U.S. Bankruptcy Court for the Western District of Washington
Bankruptcy counsel to Debtor-in-possession for Boston Market franchisee in Washington, Oregon and Idaho.

In re Birting Fisheries Inc.

U.S. Bankruptcy Appellate Panel of the Ninth Circuit
Unanimous affirmance of bankruptcy court order refusing to enjoin enforcement of a Norwegian judgment alleged to be in conflict with confirmed Chapter 11 plan. 300 B.R. 489 (B.A.P. 9th Cir. 2003)

In re Colman Associates Limited Partnership

U.S. Bankruptcy Court for the Western District of Washington
Bankruptcy counsel to Debtor-in-possession.

In re Donald J. Simplot

U.S. Bankruptcy Court for the District of Idaho
Representation of bank and creditors' committee member.

In re E. Hopp, LLC

U.S. Bankruptcy Court for the Western District of Washington
Representation of secured lender in single asset real estate case.

In re Hitchcock Industries Inc.

U.S. Bankruptcy Court for the District of Minnesota
Representation of The Boeing Company as counter-party to executory contracts.

In re Immedica, Inc.

U.S. Bankruptcy Court for the District of New Jersey
Breach of license agreement regarding medical technology. Represented doctor who invented and licensed product to the Debtor and obtained multimillion dollar settlement for rejection of his license agreement.

In re Longhouse Associates Inc.

King County Superior Court (Washington)
U.S. Bankruptcy Court for the Western District of Washington
Representation of secured lender in a single asset real estate case. Achieved dismissal of bankruptcy case, appointment of state court receiver, summary judgment allowing defeasance prepayment premium, and full payment of creditors' claim.

In re PT Cable Inc.

U.S. Bankruptcy Court for the Western District of Washington
Bankruptcy counsel to former officers and directors of debtor.

In re The Kobos Company

U.S. Bankruptcy Court for the District of Oregon
Creditors’ Committee counsel.

In re Toscana, LLC

U.S. Bankruptcy Court for the Western District of Washington
Representation of secured lender in single asset real estate case. Achieved settlement and client obtained possession of property.

In re TreeSource Industries, Inc.

U.S. Court of Appeals for the Ninth Circuit
U.S. Bankruptcy Court for the Western District of Washington
Bankruptcy counsel to Debtor-in-possession for multi-state forest products company in successful liquidation of lumber mill operations. Obtained affirmance of ruling that lessor's obligations did not arise until lease was rejected in bankruptcy, resulting in unsecured claim. 363 F.3d 994 (9th Cir. 2004)

In re COI Midwest

U.S. Bankruptcy Court for the Central District of California
Represented first position secured lender in single asset real estate case. Obtained payment of claim upon sale of property, in favorable settlement of litigation claim components.

In re Lacy Henry

U.S. Bankruptcy Court for the Eastern District of North Carolina
Represented energy equipment manufacturer in multi-party adversary proceeding regarding stalled cogeneration projects in which general contractor's shareholder was alleged to have misappropriated funds and asserted various counterclaims. Obtained favorable settlement on eve of trial.

In re Patco Investments, Inc.

U.S. Bankruptcy Court for the Western District of Washington
Represented secured lender in hotel bankruptcy case. Obtained favorable claim treatment under consensual plan of reorganization.

In re Natural Molecular Testing Corporation

U.S. Bankruptcy Court for the Western District of Washington
Representation of Chapter 11 Trustee with respect to a molecular testing laboratory that was accused of overbilling Medicare by $90 million. Achieved settlement with Center for Medicare and Medicaid, sold various estate assets, and prosecuted over 40 adversary proceedings for fraudulent transfers and/or preferences.

In re Potential Dynamix LLC

U.S. Bankruptcy Court for the District of Arizona
Representation of Amazon Services, LLC in obtaining summary judgment with respect to termination of bankruptcy debtor as third-party seller.

In re Anne Marie Kreidler

U.S. Bankruptcy Court for the Western District of Washington
Representation of lender in mortgage reformation adversary proceeding, resulting in favorable settlement and high claim payment.

Preference Defenses

Representation of numerous clients in defense of preference adversary proceedings, both locally and nationally.

Landlord Representations

Representation of various landlord clients in national retail bankruptcy cases.

Mediation

As a member of the Thomas T. Glover Mediation Panel for the U.S. Bankruptcy Court for the Western District of Washington, I have served as mediator in numerous cases, all of which have settled before trial.

Receiverships & Non-Bankruptcy Litigation

Receivership of Mirror Software Corporation

King County Superior Court (Washington)
Representation of receiver in Mirror Software Corporation receivership. Completed successful sale of assets.

Secured Lender Real Estate Receiverships

Represented secured lenders in more than 75 real estate receiverships throughout Washington, with loan balances ranging up to $35 million.

Mortgage Repurchase Litigation

Represented CMBS special servicer in mortgage repurchase litigation in New York State Court against loan originator.

Receivership of Issaquah Group, LLC

Represented general receiver in successful completion of constructions and full sell-out of condominium project.

NEWS

PUBLICATIONS & PRESENTATIONS

RELATED INFORMATION

Areas of Focus

Bar and Court Admissions

  • Washington

Education

  • Duke University School of Law, J.D.,
    with high honors
    , 1993
  • The University of Pennsylvania, B.S., Economics,
    cum laude
    , 1987

Highlights