Nicholas J. Henderson

Nick’s practice focuses on helping businesses and business owners solve complex business problems. Nick also specializes in helping businesses facing financial problems and insolvency resulting from overwhelming debt, inadequate cash flow, and embezzlement or malfeasance by corporate directors or officers. Nick has successfully helped a variety of businesses reorganize their financial affairs, both in and outside of bankruptcy and receivership, including dairy farms, medical and dental offices, software development companies, restaurants, property developers, construction companies, gym owners, and trucking/transportation companies.

In addition to bankruptcy and debtor-creditor matters, Nick also represents entrepreneurs and businesses in business and commercial litigation in state, federal, and bankruptcy courts in the Pacific Northwest and other states across the country. Nick has tried numerous jury trials to verdict, bench trials, and arbitrations, including shareholder and partner disputes, contract disputes, securities violations, fraud, construction defect claims, trade secret misappropriation claims, employment matters, and real estate disputes.

In addition to insolvency, bankruptcy and litigation matters, Nick represents small and medium-sized businesses in a variety of transactions, including entity formation, mergers and acquisitions, franchise sales, and various financial and banking matters.

Representative Matters:
Bankruptcy / Debtor-Creditor:

• Lead counsel for buyer of over 150 franchise restaurants from debtor in bankruptcy.
• Debtor's counsel in Chapter 11 for well-known aviation museum in Pacific Northwest.
• Chapter 11 debtor's counsel for graphics design company.
• Personal bankruptcy counsel for professional athlete.
• Chapter 11 debtor's counsel for retail store business with multiple locations in numerous states.
• Chapter 12 debtor's counsel for dairy farm.
• Chapter 12 debtor's counsel for cattle ranching operation.
• Chapter 11 debtor's counsel for construction company.
• Chapter 12 debtor's counsel for nursery business.
• Plaintiff and defense counsel in various discharge and dischargeability challenges in bankruptcy courts.
• Commenced involuntary bankruptcy cases on behalf of creditors seeking to collect debts from debtors engaged in fraudulent transfers.
• Chapter 11 debtor's counsel for hotel owner, to negotiate and resolve personal guarantees.
• Plaintiff's counsel in fraudulent transfer cases.
• Represented receivers and creditors in multiple small business receivership cases.
• Defended small business in judicial dissolution case and successfully defeated a member’s attempt to take control of the business through a motion to appoint receiver.

Litigation:

• Tried two week jury trial in partnership dispute case for fiduciary duty and embezzlement of company funds.
• Lead counsel in arbitration of partnership dispute for property development company.
• Lead trial counsel in multiple securities fraud and fraud cases.
• Lead trial counsel in fraudulent conveyance litigation to unwind complex asset-sheltering scheme.
• Lead trial counsel in shareholder disputes involving allegations of various breach of fiduciary duty claims. Obtained jury verdict for client with recovery of all costs and fees.
• Lead trial counsel in several commercial landlord-tenant disputes.
• Lead trial counsel in trade secret litigation involving misappropriation of trade secrets.
• Lead trial counsel in defending materials manufacturer against construction defect claims.
• Plaintiff and defense counsel in franchise litigation.

Business Transactions:

• Represented corporate borrower in obtaining $100 million secured loan facility.
• Represented corporate borrower in obtaining multiple loans in excess of $50 million.
• Represented buyers and sellers in numerous stock purchase and asset purchase transactions.
• Represented franchisors and franchisees in numerous franchise transactions.
• Represented buyer in numerous multi-million dollar acquisitions of manufacturing plants across the country.

Professional Experience:

Motschenbacher & Blattner LLP; Partner, 2012-Present; Associate, 2009-2011
Henderson Trauman, PC; Shareholder, 2007-2009

Education:

Lewis & Clark Northwestern School of Law, Portland, Oregon
Juris Doctorate, 2007
Honors: Scholar List, 2007; Certificate in General Business Law; Appellate Moot Court Honors

University of Utah, Salt Lake City, Utah.
Bachelor of Science, 2004
Major: Mathematics, emphasis in statistics; Minor: Business

Bar Admissions:

Oregon
Washington
U.S. District Court, Oregon, Washington
Ninth Circuit Court of Appeals

Honors and Awards:

Oregon Super Lawyers Magazine, Rising Star Designation for nine consecutive years: 2009-2018; Super Lawyer Designation 2020-2022
Martindale-Hubbell, rated AV Preeminent since 2013

Professional Designations and Memberships:

American Bankruptcy Institute
Turnaround Management Association
Executive Committee, Oregon State Bar Business Litigation Section, 2016-Present
Owen M. Panner American Inn of Court, Member, 2007–2014

Speaking Engagements:

Bankruptcy Litigation 101; National Business Institute, August 2012
Collecting on Judgments; Multnomah Bar Association, May 2014
How Bankruptcy Can Impact Your Clients: Basics for Criminal Law, Family Law, and Litigation Attorneys, Oregon State Bar, December 2018

Personal and Charitable Activities:

Pro Bono Attorney, Lewis & Clark Northwestern School of Law Small Business Legal Clinic
Board Member for local youth sports league

Nick enjoys spending time with his wife and daughter, his family, and his friends. Nick is an avid boater and water-sports enthusiast. He also loves golfing, traveling, fishing, and cooking.