Practice Summary

Tony focuses his practice on the life cycle of lending transactions, from loan origination through final collection, including addressing the bumps along the road through loan modifications, defaults, workouts, bankruptcy, and foreclosure.  Because lending and real property are closely intertwined, he frequently handles complex real estate transactions for buyers and sellers, and for financial institutions with an interest in the transaction. Tony has served as both debtors’ and creditors’ counsel, and so brings a diverse background of experience to analyzing the lender-borrower relationship.

Before joining Farleigh Wada Witt, Tony was the regional Managing Attorney of a financial services law firm, after working in the Business Transactions and Bankruptcy groups at Miller Nash Graham and Dunn and other Pacific Northwest law firms, with a focus on business transactions, corporate finance, and financial services litigation.

He was first admitted to practice in New York in 2007, and now regularly practices in state and federal courts throughout Oregon, Washington, and Idaho.

Tony is the Chair of the Oregon State Bar Debtor-Creditor Section’s Legislative Committee, and is an active member of the Credit Union National Association and the Oregon Bankers Association. He was formerly a Director and Supervisory Committee Chair of a leading Oregon-based community credit union.

In his free time, Tony enjoys attending concerts whenever possible, plays bass guitar with an award-winning “barrister band,” and goes sailing on his humble sailboat, the S/S Ship of Fools, with his son Hunter and partner, Lisa.

Representative Matters

Lending and Real Estate Transactions
  • Real estate acquisition and sales
  • Secured and unsecured lending
  • Agricultural lending
  • Construction finance
Foreclosures and UCC Sales
  • Non-judicial and judicial real estate foreclosures
  • REO foreclosures
  • UCC sales of personal property
  • Short sales
  • Forcible entry and detainer (FED) actions
  • Drafting workout agreements, forbearance agreements and deeds in lieu
Bankruptcy
  • Creditors' rights under Chapter 7, 13 and 11
  • Relief from stay motions
  • Dischargeability litigation
  • Preference defense
  • Reaffirmation agreements
  • Defense of claims for alleged violation of the automatic stay and discharge injunction
  • Proof of claim defense and litigation
  • Objections to confirmation of plans
  • Bankruptcy lien avoidance litigation/lien stripping
Collections
  • Loan delinquencies
  • Consumer and commercial debt collections
  • Pre-judgment provisional process
  • Post-judgment collection enforcement including personal property foreclosures, reposessions, levies, garnishments, and replevin actions
  • Contract forfeitures
  • Construction lien foreclosures and defenses

Education

University of Oregon (B.A., History, 2000) 
St. John’s University School of Law (J.D., 2006) 

Admissions

Idaho State Bar
New York State Bar
Oregon State Bar 
Washington State Bar
U.S. District Court
     District of Oregon
     Western District of Washington
     Eastern District of Washington

     District of Idaho
U.S. Bankruptcy Court
     District of Oregon
     Western District of Washington
     Eastern District of Washington

     District of Idaho 
U.S. Court of Appeals, Ninth Circuit

Associations

Oregon State Bar Debtor-Creditor Section’s Legislative Committee, Chair
Credit Union National Association
Oregon Bankers Association
Multnomah Bar Association, Mentor, Former Events Committee Chair
Gus Solomon Inn of Court
National Association of Minority Mortgage Bankers of America

Speaking Engagements

Tony is regularly asked to present continuing education classes and client seminars on real estate, lending, foreclosure, legislative updates, and debtor-creditor issues.

Publications

ADOPTING ARROWOOD: Adoptive Business Records and the Extra Exception to the Rule against Hearsay. By Tony Kullen (Page 10), Oregon State Bar Debtor-Creditor Newsletter Vol. XXXIX, No. 2.

FORECLOSURE: the Ultimate How-To Guide. By Tony Kullen, National Business Institute, Seminar Materials (April 12, 2017).