Joseph E. Cotterman

Joseph E. Cotterman Member

P: 602.262.5949
F: 602.495.2645
L: Phoenix

Mr. Cotterman is a member of Jennings, Strouss & Salmon's Business Restructuring and Reorganization department. He has over 25 years of experience representing clients in the areas of corporate restructuring, business bankruptcy, creditors’ rights, and commercial litigation. Mr. Cotterman advises corporate debtors, creditors, and committees in Chapter 11 cases, and lenders and borrowers in commercial and real estate foreclosure litigation. His restructuring experience includes the representation of creditors and debtors in the real estate development, retail, manufacturing, health care, telecommunications, airline, firearms, and high-tech industries.

Mr. Cotterman also has extensive experience representing creditor clients in provisional remedy and post-judgment proceedings and enforcement, and representing clients in both state and federal courts, including the Supreme Court of the State of Arizona, the Ninth Circuit Bankruptcy Appellate Panel, and the Ninth Circuit Court of Appeals. He has served as a presenter, author, and instructor on topics relating to bankruptcy law and procedure, and foreclosure and collection litigation.

Areas of Focus 

  • Corporate Restructuring
  • Business Bankruptcy
  • Creditors’ Rights
  • Commercial Litigation
  • Provisional Remedies
  • Post-judgment proceedings and judgment enforcement

Representative Engagements

  • Represented private lender in bankruptcy proceedings involving $32 million development loan, through foreclosure, to litigation of foreclosure dispute to Arizona Supreme Court, BT Capital v. Point Center Financial 229 Ariz. 299 (2012)

  • Represented creditor in dismissal of Chapter 13 case for bad faith filing, establishing precedent for dismissal of bankruptcy with prejudice, In re Ellsworth, 455 B.R. 904 (Bankr. 9th Cir. 2011);

  • Represented $25 million secured creditor in restructure of master planned community in Sedona Arizona;

  • Represented judgment creditor in successfully collecting $1.2 million on judgment and preventing judgment debtor from filing bankruptcy.


Honors, Appointments and Awards

  • Listed, The Best Lawyers in America in the categories of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, and Litigation – Bankruptcy (2009-2016)

  • Listed, Southwest Super Lawyers in the categories of Bankruptcy (2009-2013)

  • AV® Preeminent™ Peer Review Rated

  • Listed, "2013 AB Top Lawyers: Bankruptcy/Reorganization," Az Business Magazine (March 20, 2013)


Professional Affiliations

  • Attorney Volunteer, St. Vincent DePaul, 2007-2011
    Volunteer Attorney, (2007 - 2011)

Admitted to Practice

  • Arizona, 1991

Court Admission

  • Arizona Supreme Court, 1991
  • U.S. Court of Appeals, Ninth Circuit, 2013

Education

  • J.D., Arizona State University, Sandra Day O'Connor College of Law
    magna cum laude
    College of Law Alumni Award as Outstanding Graduate
  • B.S., Arizona State University, Justice Studies
    summa cum laude
    Schmidt Award as Outstanding Graduate of the School of Justice Studies