Updated: April 27, 2022

Creditor Debtor Rights Section

The Creditor Debtor Rights Section encourages the research, study, and initiation of proposals for changes and reforms in all areas of law that may impact the creditor/debtor relationship. The Section aids and educates members and the public by reviewing pending legislation and development of proposed statutory enactments to improve and to facilitate the administration of justice. Section members represent a diverse array of individuals and businesses who are debtors, debtors-in-possession, secured and unsecured creditors, creditors' committees, receivers, trustees, asset purchasers, and examiners in all facets of creditor-debtor law.

The Section provides benefits to members by developing resources, including a newsletter and bankruptcy case law digest, and sponsoring several CLEs each year. Since 2004, the Section has maintained an annual grants program to financially assist community service programs statewide that provide legal services in the area of creditor/debtor law.

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Shape Your Section for the Future: Apply Today to Become a Section Leader

Applications open on March 14, 2022, and close at 5 p.m. May 20, 2022.

The following section executive committee positions are open for applications. All terms begin Oct. 1, 2022.

  • Pos. 1 Eastern District: two-year position beginning Oct. 1, 2022, and ending Sept. 30, 2024.
  • Pos. 2 Eastern District: two-year position beginning Oct. 1, 2022, and ending Sept. 30, 2024.
  • Pos. 3 Northern Division of Western District: two-year position beginning Oct. 1, 2022, and ending Sept. 30, 2024.
  • Pos. 4 King County: two-year position beginning Oct. 1, 2022, and ending Sept. 30, 2024.
  • Pos. 6 Southern Division of Western District: two-year position beginning Oct. 1, 2022, and ending Sept. 30, 2024.

Eligibility Requirements

Applicants must be a current section member and should be eligible to vote in accordance with the section’s bylaws.

Application Process

Go to the myWSBA portal to complete the online application for open executive committee positions. The Section has requested that each applicant submit a statement of interest with your application. These documents can be uploaded with your online application (pdf format only). Please be advised that application materials may be posted on this website for public viewing.

Note: If you are applying for more than one position on this or multiple sections’ committees, you must complete and submit all applications at the same time, as you will not be allowed back into the portal at a later time. Please make sure you are completing the applications within the application window for all of the relevant sections.

Nomination Process

The Chair shall annually appoint a nominating committee of not less than three members of the Section, not members of the executive committee, who shall make nominations of not less than two candidates for each open position not less than two months prior to the scheduled election for the members of the executive committee to succeed those whose terms will expire at the close of the fiscal year. The persons nominated for the executive committee may place a statement on the ballot (or in their online application) of not more than 100 words summarizing their qualifications to serve on the executive committee prior to the election.

Alternate Nomination Process

The executive committee will approve a list of nominees for each open position, provided that the ballots for the election shall also contain blanks for “write-in” candidates by the section members.

Elections Process

All voting members of the section will receive an electronic ballot sent to their email in June 2022. Visit this webpage in early June for election updates and voting instructions.

Questions? 

 For more information about the Section, its executive committee roles, and elections process, please review the Section’s bylaws. You may also contact any member of the current Section Executive Committee or email sections@wsba.org.

 


The Fall 2021 Newsletter Is Out Now!

Read it here.


Comments Request: Proposed Receivership Act Revisions

The current Washington Receivership Act was enacted in 2004. After 15 years of practice under the Act, the Creditor Debtor Section convened a Receivership Task Force to review the current Washington Receivership Act and to propose possible amendments to the Act based upon practice experience.

The Receivership Task Force represented all constituencies in the receivership process and was comprised of Aimee Willig (Seattle), Barry Davidson (Spokane), Dominique Scalia (Seattle), Douglas Cameron (Seattle), Jennifer Faubion (Seattle), Kevin Hanchett (Seattle) and Shelly Ripley (Spokane), Steven Reilly (Seattle). 

After several meetings, the Task Force has drafted proposed amendments to the Washington Receivership Act. 

Comment Request Memo

Proposed Amendment to RCW 61.24.030

Proposed Amendment to RCW 7.60.130 (Cannabis Cases)

Proposed Amendment to RCW 7.60 Receivers

If you have any comments on the proposed amendments, please forward them to Todd Tracy at todd@thetracylawgroup.com or 1601 Fifth Ave., Suite 610, Seattle, WA, 98101. Comments should be received by Dec. 31, 2020. 


Grants Program

Historically, the CD Section has allocated a meaningful portion of its net revenue (derived primarily from its CLE sponsorship and production efforts) to fund grants to non-profits operating in the arena of consumer protection and insolvency law. The amount of money offered each year varies with the budget cycle.

Congratulations to the following 2019–2020 grant recipients:

  • Chelan-Douglas County Volunteer Attorney Services
  • Lavender Rights Project

Executive Committee

Officers serve two-year terms.

ChairWilliam Malaier, Jr. (2020-2022) 

Chair-ElectBruce Medeiros (2020-2022) 

Secretary/TreasurerTodd Tracy (2020-2022) 

Immediate Past ChairKevin O'Rourke (2020-2022) 

Young Lawyer Liaison*: vacant

Board of Governors Liaison*: Matthew Dresden (2021-2022) 

Pos. 1 Eastern District 
Brian Walker (2020-2022)

Pos. 2 Eastern District
Darren Digiacinto (2020-2022)

Pos. 3 Northern Division of Western District
Sallye Quinn (2020-2022)

Pos. 4 King County
Jennifer Faubion (2020-2022)

Pos. 5 King County
Christina Henry (2021-2023) 

Pos. 6 Southern Division of Western District
Russell Garrett (2020-2022)

Pos. 7 Southern Division of Western District
Thomas Dashiell  (2021-2023) 

Pos. 8 Eastern Division At-Large
David Kazemba (2021-2023) 

Pos. 9 Western District At-Large
Jacob DeGraaff (2021-2023) 

Newsletter Editorial Board Members*
Chris Young
Steve Linkon
Steven Reilly

*Nonvoting member

Please contact subcommittee member for details on their upcoming meeting dates and locations.


Join Our List Serve

To join the Section list serve and for general questions, please contact sections@wsba.org. For questions about the Section and to get involved, please contact Section Chair William Malaier, Jr.

Questions?

Feel free to contact any member of the current Section Executive Committee or email sections@wsba.org.