Scott B. Cohen and Professor Laura N. Coordes of ASU’s Sandra Day O’Connor College of Law published Uneven Dischargeability Standards

Scott B. Cohen of Engelman Berger, P.C. and Professor Laura N. Coordes of ASU’s Sandra Day O’Connor College of Law published Uneven Dischargeability Standards in 26 No. 4 J. Bankr. L. & Prac.NL Art.. 1. By comparing two seemingly unrelated cases on the dischargeability exceptions under § 523(a) of U.S. Bankruptcy Code, Mr. Cohen and Professor Coordes are able to highlight the unsettling lack of uniformity concerning the culpable state of mind necessary to trigger the exceptions to discharge.

READ THE ARTICLE HERE

Scott B. Cohen is a shareholder of Engelman Berger and is a leading member of Arizona’s bankruptcy law community. Scott is a Past Chair of the Bankruptcy Section of the State Bar of Arizona (2011-2012), and serves as an expert witness in bankruptcy and anti-deficiency matters. Most recently, Scott was instrumental in the litigation of a Chapter 11 reorganization plan which was successfully defended in the Ninth Circuit Court of Appeals on May 26th, 2017.

Laura N. Coordes is an Associate Professor of Law at ASU’s Sandra Day O’Connor College of Law. Professor Coordes’s research interests include corporate reorganizations, venue transfer and forum shopping issues, and municipal bankruptcies under chapter 9 of the Bankruptcy Code. Her teaching interests include bankruptcy law, secured transactions, corporations, and contracts. Before coming to the College of Law, Professor Coordes practiced in the Business, Finance and Restructuring Department at Weil, Gotshal & Manges in New York.

Engelman Berger Teams up with Arizona Business Bank to Support AASK (Aid to Adoption of Special Kids)

Engelman Berger is proud to partner with Arizona Business Bank to show support for AASK (Aid to Adoption of Special Kids) with these 3 full-page promotions in the 2017 Summer/Fall edition of AZ Business Angels.

Engelman Berger has had the privilege of being longtime supporters of AASK. In addition to the firm’s annual participation in the AASK Family Fun Walk, EB Shareholder Patrick Clishamserves on the AASK Board of Directors.

AASK is a private non-profit charity that was founded in 1988 with the mission of serving children in Arizona’s foster care system. Local philanthropist and child advocate, Kax Herberger, founded AASK with the strong belief that all children need homes and families, regardless of their backgrounds and unique challenges. Since its inception, AASK has been dedicated to Kax’s vision of ensuring every foster child has someone who cares.

Through their adoption, fostering and mentoring programs, AASK works to match quality families and individuals with children in need of love. AASK’s focus is maximizing the experience of each child through building strong relationships that will last a lifetime. AASK’s adoption program helps children find a permanent home with a family that can best meet their needs; the fostering program serves as a way for children to seek stability with a family while away from their biological parents, with the end goal of reunification; and AASK’s mentoring program pairs committed adults with foster children from nine to 22 years old.

Learn more about AASK at http://www.aask-az.org/

David Engelman Awarded Hon. Daniel P. Collins Mentorship Award by the Arizona Bankruptcy American Inn of Court

David Engelman has been awarded the Hon. Daniel P. Collins Mentorship Award by the Arizona Bankruptcy American Inn of Court for his outstanding mentorship during the 2016-2017 Inn year. David is the fourth recipient of this award which was first awarded to the Honorable Daniel P. Collins. David was presented with the award on May 11th by Larry Wilk, who is not only a previous recipient of this award, but was also mentored by David earlier in his career.

David has been recognized for his commitment to public service many times throughout his career. He has received volunteer and pro bono awards from the Arizona Bar Foundation, the Volunteer Lawyers Program, and the Arizona Supreme Court. Most recently, David was elected to the Board of Governors of the Arizona State Bar.

Engelman Berger Ranked #3 Law Firm for Creditors Rights, Bankruptcy/Reorganization for 2017 by Ranking Arizona

Engelman Berger was ranked the #3 Law Firm for Creditors Rights, Bankruptcy/Reorganization for 2017 in Ranking Arizona, up from #9 the year before. This year’s publication represents the 20th anniversary edition of the annual publication presented by AZ Big Media. Ranking Arizona is the result of the largest business opinion poll in Arizona. About 3 million votes were cast for the more than 20,000 businesses competing in over 200 categories.

“The companies that are voted into the top ten are those companies whose customers and clients say are the best companies to do business with in Arizona,” said Mike Atkinson, President and CEO of AZ Big Media. “There is no better endorsement in business than one from your customers.” “Ranking Arizona is an important and valuable resource guide for Arizona’s business community,” Atkinson said. “The companies that earn awards in Ranking Arizona truly represent the best of Arizona business.”

Engelman Berger was additionally recognized by being ranked the #6 Law Firm with 20 Attorneys or Fewer; and Founding Shareholder, Steven Berger, was listed as one of Arizona’s Top 100 Lawyers of 2017.


Steven Berger Named Top 50 Arizona Super Lawyer for 2017

Congratulations to Steven Berger for again being named a Top 50 Arizona Super Lawyer for 2017! Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.  Steve has made the Top 50 Super Lawyers List for Arizona every year since 2009.

Steven Berger is a founding shareholder of Engelman Berger with over 30 years’ experience in representing clients throughout Arizona. Steve has focused his career on resolution of complex business disputes through effective representation of clients in bankruptcy or other reorganization proceedings, loan workouts, litigation and business transactions.  He has extensive experience in representing parties involved with troubled loans or troubled businesses, and has represented lenders, lessors, business owners, investors, asset purchasers, creditor committees and other parties in bankruptcy and reorganization cases.

Scott Cohen to Present on the Sale of Assets at Westlaw’s Bankruptcy Law Series

Scott Cohen and David Neff of Perkins Coie will present on the Sale of Assets for Westlaw’s 2017 Bankruptcy Law Series on 6/21/2017. The live webcast presentation will be available for CLE credit.

Many Chapter 11 cases end up as asset sales.  This panel will discuss the reasons for this trend and the issues in selling assets.  Included will be bidding procedures, auctions, break-up fees and sales free and clear of claims.  The equitable mootness doctrine when a sale gets appealed will also be discussed.

Scott Cohen is a shareholder of Engelman Berger and an expert commercial bankruptcy attorney. Scott is former chairman (2011-2012) of the Bankruptcy Section of the State Bar of Arizona, a Certified Specialist in Business Bankruptcy (American Board of Certification), and also serves as an expert witness in bankruptcy and anti-deficiency matters. Most recently, Scott was instrumental in the litigation of a Chapter 11 reorganization plan which was successfully defended in the Ninth Circuit Court of Appeals on May 26th, 2017

Join the EB Team! Now Hiring a Commercial Litigation Paralegal

Engelman Berger is looking to hire a motivated, experienced, and organized Commercial Litigation Paralegal to join the EB Team. This paralegal will be a valuable part of our legal team, often working on all phases of a matter from beginning to resolution.

We are seeking an incredibly organized individual who thrives on developing and utilizing a strong system for prioritizing and completing all responsibilities ahead of need. A strong candidate will demonstrate an understanding of complex business-related legal documents and support document management in a paper-light environment. Due to the amount of document preparation and maintenance we handle, our litigation paralegal must be highly organized as they will be responsible for assisting in the collection of documents (including ESI), organization, review, possible production, and use of such information in depositions, for motions, and in court proceedings. Other duties will include drafting, proofreading, verifying, and editing correspondence, pleadings, routine motions, etc.

The paralegal has direct communication with, and acts as a liaison between, our attorneys, opposing counsel, clients, witnesses, support staff, and court officials. This position requires a very proactive approach to managing both attorney and paralegal workloads, while always maintaining a professional and client service oriented demeanor.

A minimum of 5 years of law firm experience in litigation is required. Specific practice areas to include Real Estate, Banking and Finance, Creditor/Debtor Rights, Landlord/Tenant, and Partnership/LLC/Business Disputes. Working at Engelman Berger, you will experience a unique work environment. We offer an excellent benefit and compensation package including a competitive salary based on experience, full health coverage, retirement plan, paid time off, etc. Engelman Berger is not accepting resumes from search firms for this position.

Please send your resume and cover letter to: Katie Bien, Legal Administrator at keb@eblawyers.com.

Ninth Circuit Court of Appeals Upholds Chapter 11 Reorganization Plan

In 2011, the law firm of Engelman Berger, P.C., was engaged as restructuring counsel for Sunnyslope Housing Ltd. Partnership, a low-income apartment complex located in the Sunnyslope neighborhood in Phoenix, Arizona. In this hotly contested Chapter 11 case, Engelman Berger successfully litigated key confirmation issues such as “cram down,” valuation, feasibility, and the section 1111(b) election. Engelman Berger confirmed the Chapter 11 reorganization plan which permitted the continued use of the property for low-income housing. By re-amortizing the secured debt over 40 years at 4.4% interest, the Debtor was able to attract new investors. On May 26th, Susan M. Freeman, a partner at Lewis Roca Rothgerber Christie LLP, successfully defended the confirmed plan before the Ninth Circuit Court of Appeals sitting en banc. The en banc decision of the 9th Circuit is a major victory for Reid Butler, a Sunnyslope Housing manager and architect of the plan, and for all the residents of the 150 unit affordable housing complex.

First Southern National Bank v. Sunnyslope Housing Limited Partnership (In re Sunnyslope Housing Limited Partnership), _ F.3d _, (9th Cir. May, 2017)

VIDEO: Oral Arguments

Engelman Berger attorneys involved with this case include David W. Engelman, Scott B. Cohen, Bradley D. Pack and Patrick A. Clisham.

David is a founding shareholder of Engelman Berger with over 40 years of experience in commercial law with a concentration on commercial bankruptcy matters. David was recently named Mentor of the Year by the Bankruptcy Inn of the Court.

Scott is a shareholder of Engelman Berger and is a leading member of Arizona’s bankruptcy law community. Scott is a Past Chair of the Bankruptcy Section of the State Bar of Arizona (2011-2012), and serves as an expert witness in bankruptcy and anti-deficiency matters.

Brad is shareholder of Engelman Berger and has been with the firm for over 10 years. Brad is certified as a Bankruptcy Specialist by the State Bar of Arizona Board of Legal Specialization, and specializes on the representation of both creditors and debtors in Chapter 11 bankruptcy reorganizations.

Patrick is a managing shareholder of Engelman Berger and has been with the firm since 2009. Patrick has over 13 years of experience representing secured and unsecured creditors, corporate debtors, trustees and examiners in corporate bankruptcy proceedings and out of court workouts.

Steve Berger chosen as 2017 Top Lawyer by AZBigMedia

Arizona’s Top 100 Lawyers of 2017

Each year, Az Business magazine’s editorial team — in collaboration with industry experts — choose the Top 100 Lawyers in Arizona from a pool of more than 1,000 of the most talented and successful attorneys from throughout the state.

Selections are based on each lawyer’s professional success, impact on his or her law firm, impact on the communities she/he serves and impact on the legal profession.

Read the rest here.

Kurt Peterson Joins Engelman Berger as Partner

We are excited to announce the addition of Kurt Peterson as partner in our growing firm. Kurt is our 13th attorney and will focus his practice in commercial finance, real estate and general business law, concentrating on commercial and corporate transactions, including complex real estate transactions and the acquisition, development,leasing,operation and disposition of commercial, retail, residential, multi-family and agricultural property.

Firm co-founder and shareholder Steven Berger, states,“Our clients will appreciate his depth of knowledge and experience.” Kurt Peterson is an AV® PreeminentTM rated attorney, the highest professional designation awarded by Martindale-Hubbell.

Kurt has represented both lenders and borrowers in a wide range of lending transactions, including acquisition and development loans, construction loans, permanent loans, mezzanine financing, equipment financing and leasing, agricultural loans, asset-based loans, SBA loans and affordable housing projects, as well as workouts and foreclosures. He also has a wide-ranging general business practice that includes structuring, negotiating and documenting commercial contracts of all types and sizes; corporate planning, formation, governance and risk management; stock and asset sales and acquisitions; corporate dissolutions; and counseling companies on day-to-day operational and business matters.

We welcome Kurt to Engelman Berger!