Bankruptcy, Reorganization & Creditors' Rights Law

Arizona Corporate Bankruptcy Attorneys

The Jennings, Strouss & Salmon Business Restructuring and Reorganization attorneys pride themselves on their creativity, which is coupled with a pragmatic approach to the resolution of bankruptcy and creditor-debtor issues. In fact, Jennings, Strouss & Salmon received a Metropolitan Tier 1 ranking in Phoenix, Arizona in the 2015 edition of U.S. News - Best Lawyers “Best Law Firms” for Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law.

Jennings, Strouss & Salmon’s Business Restructuring and Reorganization attorneys experience includes a full range of representation in all aspects of commercial bankruptcy, reorganization and creditors’ rights. That experience, combined with the depth and breadth of the firm's corporate, securities, real estate, health care and intellectual property practices, enables the firm to assist clients in virtually any financially-distressed situation, from either the debtor or creditor perspective.

Focusing on the interests to be advanced or protected, our attorneys identify issues, gather facts, conduct research, and create a strategy in support of the positions advocated by, and in the best interest, of our clients. This includes identifying and maximizing the strengths of our client's position and the weaknesses of the adversary's position; and effectively presenting those positions to the court and opposing counsel and party. The primary goal is to create the best possible setting for a successful negotiation, or, secondarily, for litigation if a settlement cannot be achieved.

When appropriate, our Business Restructuring and Reorganization attorneys collaborate with members of other firm departments to assemble a team that has the experience and skills necessary to handle a particular matter. For example, when the firm's creditors' rights attorneys are involved in actions involving the collection of secured and unsecured debt, they may consult Uniform Commercial Code and tax counsel or, in cases that involve complex litigation, attorneys in the firm’s Commercial Litigation department may be utilized to assist with the preparation and trial.

Our attorneys stay current on cutting-edge developments in bankruptcy law through membership in the American Bankruptcy Institute, periodicals, attendance and participation in bankruptcy seminars, and, in individual cases, by such diverse activities as participation in the State Bar of Arizona's standing committees for review and recommendation of local bankruptcy rules, bankruptcy certification by the State Bar of Arizona, business bankruptcy certification by the American Board of Certification, and attendance at the National Conference of Bankruptcy Judges, American Bankruptcy Institute conferences, and other national meetings of bankruptcy judges and practitioners.

Appellate and Published Decisions

Our attorneys have represented clients in appeals in the United States Supreme Court, the Ninth Circuit Court of Appeals, the Bankruptcy Appellate Panel for the Ninth Circuit, and the District Court for the District of Arizona.

Appellate Decisions

  • Represented landlord in case of first impression regarding issue on the debtor’s ability to
    assume a real property lease. In re Circle K Corp., 127 F.3d 904 (9th Cir. 1997), petition for Writ of Certiorari to the Supreme Court
  • Represented debtor in case of first impression regarding the exemption of a debtor’s
    pension plan. In re Garlikov, 992 F.2d 224 (9th Cir. 1994)
  • Represented debtor in case regarding real estate
    endeavor. In re Oklahoma PAC Ninth Circuit BAP and Ninth Circuit
  • Represented debtor in case regarding improper dismissal. In re MJS Holdings, Arizona District Court
  • Represented appellee debtor in dispute regarding previous counsel representation. In re R.E.D.I. Co. Ninth Circuit BAP

Published Decisions

  • In re Spring Ford Industries, Inc., 2004 WL 1291223 (Bankr. E.D. Pa. 2004)
  • In re Cadiz Properties, (Bankr. N.D.Tx. 2002); co-authored petition for writ of certiorari to
    United States Supreme Court in In re Circle K Corp.
  • In re Lundell, 223 F.3d 1035 (9th Cir. 2000)
  • In re Arden Properties, 248 B.R. 164 (Bankr. Ariz. 2000)
  • In re Bryant Universal Roofing, Inc. 218 B.R. 948 (Bankr. Ariz. 1998)
  • In re Circle K Corp., 127 F.3d 904 (9th Cir. 1997)
  • In re Elia, 198 B.R. 588 (Bankr. D. Ariz. 1996)
  • In re American Continental Corp., 142 B.R. 894 (D. Ariz. 1992)
  • In re McClain Airlines, 80 B.R. 175 (Bankr. D. Ariz. 1987)

Asset Purchasers and Investors

Bankruptcies often involve the purchase of assets or the infusion of capital. We have structured numerous acquisitions in bankruptcy cases as well as represented a multitude of clients purchasing assets or stock from bankruptcy estates.

Representative Engagements

Creditors’ Committees

The firm has extensive experience in representing chapter 11 creditors’ committees, including representation in virtually every major case filed in the District of Arizona in the past six years. Jennings Strouss attorneys have the ability to assimilate issues quickly and take appropriate action in an expeditious and cost-efficient manner. Many of the tasks a Committee must undertake involve forensic investigation regarding fraud or breach of fiduciary duty on the part of company principals or third parties. We have vast experience in conducting this research and pursue litigation when necessary. We also maintain important contacts with various accounting and turnaround firms which can provide valuable assistance

Representative Engagements

Complex Debtor Reorganizations and Workouts

Jennings, Strouss & Salmon attorneys have represented public and private companies’ partnerships and individual chapter 11 debtors in significant cases involving sizeable financial services, real estate holdings, regional and national retail chains, health care concerns, manufacturing businesses, and airlines.

Many of the attorneys experienced the tremendous surge in bankruptcy filings in the late 1980's, early 1990's and the mid 2000's. As a result, they have extensive knowledge of debtor representation and can efficiently represent small to medium-sized enterprises and ventures.

Representative Engagements

Complex Insolvency-Related Litigation

Jennings Strouss lawyers have established themselves on the cutting edge of litigating complex insolvency-related theories brought against third party advisors and officers and directors. Our lawyers have engaged in preference and fraudulent transfer litigation in forums through the country.

Industry Expertise

Jennings Strouss attorneys have a depth of expertise in a multitude of industries whether representing creditors, creditors’ committees, trustees or debtors. This is important because we can focus on issues quickly and take appropriate action in an expeditious and cost-efficient manner. In addition, our attorneys who have practiced in all of these areas and their expertise is invaluable in a work-out situation or a bankruptcy.

Secured Creditors/Major Unsecured Creditors/Lessors/Landlords

As part of its broad business practice, the firm has represented numerous financial institutions major lessors and other creditor entities and individuals on all types of debtor/creditor and bankruptcy-related issues including foreclosures, collections and garnishments, landlord/tenant matters, and leasing issues.

Representative Engagements

Trustees and Receivers

Our lawyers have represented numerous trustees in bankruptcies and receivers in state court cases.

Representative Engagements