Hugh McCullough advises clients in complex commercial litigations, bankruptcies, state court receiverships, in-court and out-of-court restructurings, and secured financing transactions. He has handled cases in a variety of courts, including arguments in the Washington Supreme Court, the Washington Court of Appeals, and the 9th Circuit Court of Appeals.
Hugh has experience negotiating, structuring, and securing a variety of financings in and out of bankruptcy. He represented secured creditors in connection with post-bankruptcy credit agreements extended to Altrec, Lyondell Chemical, Quantum Fuel Systems, and WCI Communities. He advises clients on debtor-in-possession financing orders and cash collateral orders, and represents financial institutions in troubled loans and out-of-court workouts.
In recent engagements, Hugh represented debtors, creditors, and bidders in bankruptcy and receivership sales, including the sale of a producer of alternative fuel systems, the sale of a substantial Washington gaming operation, the sale of a bank in Idaho, the sale of inventory by a fashion retailer, the sale of certain assets of the maker of agricultural products, and the sale of a sporting goods retailer in Oregon.
Hugh represents plaintiffs and defendants in connection with fraudulent transfer and fiduciary duty litigation. His representations include work on behalf of a Chapter 7 trustee pursuing claims against various defendants, work on behalf of a former officer of a mortgage origination company defending against avoidance and fiduciary duty claims, and work on behalf of a former owner of a company who was sued by the company’s bankruptcy trustee. He has also defended professionals unfairly accused of acting improperly in connection with various bankruptcy cases.
Hugh regularly advises clients in the payments industry on various litigation and bankruptcy matters. He represented card issuers and payment processors in connection with the bankruptcies of an airline, several retailers, and a manufacturer of consumer products. He helps card issuers and payment processors to protect their rights.
Hugh’s experience includes the power industry. He advises power generators and marketers on protecting their rights before and after bankruptcy. He represented parties in connection with the bankruptcy cases of Dynegy Holdings and AES Eastern Energy, each a significant power generator in the New York area. He has also advised power generators and marketers on ways to protect themselves from counterparty bankruptcies.
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