Practice Area

Bankruptcy, Restructuring, and Creditors’ Rights

The attorneys in Jennings Strouss’ bankruptcy, restructuring, and creditor’s rights practice pride themselves on their creativity, which they couple with a pragmatic approach to the resolution of bankruptcy and creditor-debtor issues. A testament to the firm’s experience and expert representation is being ranked a Metropolitan Tier 1 in Phoenix, Arizona in the 2021 edition of U.S. News – Best Lawyers^® “Best Law Firms” for Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law.

Our attorneys’ experience includes a full range of representation in all aspects of commercial bankruptcy, restructuring, and creditors’ rights. That experience, combined with the depth and breadth of the firm’s corporate and business, real estate, healthcare, employment, 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. These strategies include 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.

Jennings Strouss attorneys have a depth of expertise in a multitude of industries, whether representing creditors, creditors’ committees, trustees, or debtors. This expertise is valuable because it enables them to focus on issues quickly and take appropriate action in an expeditious and cost-efficient manner.

When appropriate, our attorneys collaborate across firm practices to assemble teams that have the experience and skills necessary to handle particular matters. For example, matters involving the collection of secured and unsecured debt may require the involvement of attorneys knowledgeable on the Uniform Commercial Code and tax issues. In cases that involve complex litigation, attorneys in the firm’s litigation practice may be called upon 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 at bankruptcy-related seminars, and, individually, by such activities as membership of the State Bar of Arizona’s Bankruptcy Section, leadership roles in the Turnaround Management Association, and participation in the National Conference of Bankruptcy Judges, American Bankruptcy Institute conferences, and other national meetings of bankruptcy judges and practitioners.

Areas of Expertise

Appellate and Published Decisions

Our attorneys have represented clients in appeals in the U.S. 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

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

Published Decisions

In re Spring Ford Industries, Inc., 2004 WL 1291223 (Bankr. E.D. Pa. 2004)
In re Cadiz Properties, (Bankr. N.D.Tex. 2002); co-authored a 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.