Category: Lawyers

Rachel Phillips Attorney at Engelman Berger

Rachel E. Phillips

Rachel Phillips Attorney at Engelman Berger

RACHEL E. PHILLIPS - ASSOCIATE

rep@eblawyers.com
602.271.9090 MAIN
602.222.4962 DIRECT

602.222.4999 FAX
2800 North Central Avenue
Suite 1200
Phoenix, Arizona 85004

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Practice Areas

Commercial Litigation
Creditors’ Rights
Class Actions

Education

The University of Arizona – J.D., cum laude, 2012
Seton Hall University – B.S., summa cum laude, 2008

Admissions

Arizona State and Federal Courts

Assisted By

Heidi A.

PDF Bio
“pdf”

Rachel Phillips practices in our litigation group. Ms. Phillips has experience litigating on behalf of a variety of clients across multiple industries in both state and federal courts. Prior to joining Engelman Berger, Rachel honed her legal skills at a large international law firm.

 

Focus

Providing innovative solutions and effective advocacy for clients.

 

Clients

National and Regional Banks and Financial Institutions
Business Owners
Commercial Landlords
Employers
Fortune 500 Companies
Professional Sports Teams
Sports Associations

 

Industries

Banking and Finance
Food and Beverage
Health Insurance
Property/Casualty Insurance
Sports
Waste Management
Retail
Real Estate

 

Career Highlights

Represented and obtained summary judgment on all counts in favor of retail company client facing over $16 million in damages claims relating to alleged breaches of contract

Obtained $10 million dollar deficiency judgment in favor of financial institution client after bench trial

Obtained dismissal of numerous lawsuits involving challenges to the validity of residential mortgages under various legal theories

Successfully represented parents of children wrongfully abducted and brought to the United States in violation of the Hague Convention (pro bono)

 

Additional Representative Experience

Represented lenders in connection with debt enforcement actions against commercial borrowers

Represented recycling and waste solutions provider seeking to prevent tortious interference with contracts and conversion of property

Represented food company in action involving claims and counterclaims for breach of contract and unfair enrichment related to alleged delivery of contaminated food products

Represented regional financial institution facing claims for breach of fiduciary duty, unfair competition, and misappropriation of trade secrets

Represented commercial landlord in breach of lease action against fast food chain tenant

Coordinated e-discovery for professional sports teams in conjunction with multi-district concussion-related litigation

Defended health insurers in complex commercial litigation involving claims for personal injury, bad faith, and negligent credentialing

Represented insurance provider facing class action claims for negligence per se, negligence, and bad faith

 

Community Involvement

Maricopa County Bar Association, Young Lawyers Division, Board of Directors, 2014 – 2017

Phoenix Women’s Sports Association, Board Member, 2015 – 2017

Volunteer Lawyers Program

 

Awards and Recognition

Selected to Southwest Super Lawyers Rising Stars, 2016 – 2020

Brigitte Finley Green Attorney at Engelman Berger

Brigitte Finley Green

Brigitte Finley Green Attorney at Engelman Berger

BRIGITTE FINLEY GREEN - SHAREHOLDER

bfg@eblawyers.com
602.271.9090 MAIN
602.222.4990 DIRECT
602.222.4999 FAX
2800 North Central Avenue
Suite 1200
Phoenix, Arizona 85004

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Practice Areas

Public Finance
Taxation
Education

Education

New York University School of Law, LLM, Taxation, 1991
Arizona State University Sandra Day O’Connor College of Law, Juris Doctor, cum laude, 1989
Arizona State University, Bachelor of Science, 1985

Admissions

Arizona, California, US District Court for District of Arizona, US Tax Court

Assisted By

Marie Kelly

PDF Bio
“pdf”

Brigitte Finley Green practices public finance and federal tax law. Prior to joining Engelman Berger, she practiced for over 20 years at large regional and national law firms, where she served primarily as bond counsel and underwriter’s counsel on a wide variety of municipal bond and lease-purchase transactions for state and local governmental issuers. Before that, Brigitte spent two years as an attorney adviser with the Internal Revenue Service’s Office of Chief Counsel in Washington, DC, where she practiced exclusively in the tax-exempt bond area and her duties included preparing treasury regulations and IRS rulings.

Brigitte has worked on countless publicly offered and privately placed municipal bond transactions in Arizona for state agencies and universities, counties, cities, towns, school districts, special districts and conduit issuers. Over the course of her career, Brigitte has represented governmental issuers, investment banking firms, trustee banks, and conduit borrowers. A majority of her practice currently includes acting as bond and disclosure counsel on tax-exempt conduit financings for nonprofit charter schools. She also has experience in qualified private activity bond financing of multifamily housing facilities, manufacturing facilities, single family mortgages, student loans and facilities for 501(c)(3) organizations, such as hospitals, private universities and other charitable organizations.

 

Focus

Helping municipal and nonprofit borrowers navigate the complex federal tax rules to allow them to borrow capital at lower rates so they have more money available for their public and charitable purposes.

 

Clients

Nonprofit Organizations
Governmental Entities
Issuers
Trustee Banks
Investment Bankers

 

Industries

Public Finance
Tax-Exempt Bonds
Nonprofit Corporations
Charter School Finance

 

Memberships and Affiliations

Madison Education Foundation, Board of Directors, 2019 – Present
National Association of Bond Lawyers, Member, 1994 – Present
State Bar of Arizona, Member, 1989 – Present
State Bar of California, Member, 1991 – Present

 

Recognition

Recognized in The Best Lawyers in America© in the field of Public Finance Law, in Phoenix, AZ, since 2007

Named “Lawyer of the Year” by The Best Lawyers in America© for Public Finance Law in Phoenix, AZ, 2015

AV-Rated by Martindale Hubbell Peer-Review Ratings®

 

Professional Highlights

Served as bond counsel, underwriter’s counsel, disclosure counsel, issuer’s counsel, borrower’s counsel and/or trustee’s counsel on over 75 charter school revenue bond issues totaling over $1.75 billion since 2006.

Served as bond counsel for three separate Arizona-based, multi-state charter school systems and was instrumental in developing obligated group structures and drafting related documentation for each to finance charter school facilities for (1) 26 schools on separate campuses located in Arizona, the District of Columbia, Louisiana and Texas, (2) 19 schools on 11 campuses located in Arizona, and (3) 17 schools on separate campuses in Arizona and Nevada.

Served as bond counsel or underwriter’s counsel on numerous system revenue bond issues and certificates of participation transactions for Arizona’s three state universities totaling over $2.6 billion.

Served as bond counsel on the $500 million of tax-exempt bonds issued to finance the initial 20-mile section of the Phoenix light rail system.

Julie Arvo MacKenzie Attorney at Engelman Berger

Julie Arvo MacKenzie

Julie Arvo MacKenzie Attorney at Engelman Berger

JULIE ARVO MACKENZIE - SHAREHOLDER

jam@eblawyers.com
602.271.9090 MAIN
602.222.4971 DIRECT
602.222.4999 FAX
2800 North Central Avenue
Suite 1200
Phoenix, Arizona 85004

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Practice Areas

Public Finance
Business Formation and Transactions
Real Estate

Education

University of Michigan Law School, Juris Doctor, cum laude, 1987
University of Michigan, Bachelor of Arts, 1983

Admissions

U.S. District Court for District of Arizona

Assisted By

Cynthia Nesselrode

PDF Bio
“pdf”

Julie Arvo MacKenzie has more than 25 years’ business transactions experience. Before joining Engelman Berger, Julie formed her own law firm and also practiced at large national law firms, where she concentrated primarily in public finance, including bond financing transactions for numerous housing, hospital, education, and economic development projects. Julie then continued her career as in-house counsel for a health care conduit bond issuing authority, where she focused on her passion for providing client-friendly service.

Julie is a respected advisor and counsel to nonprofit organizations and political subdivisions, skillfully assisting clients navigate the often perplexing steps involved in bond transactions. Julie understands her clients have a business to run and that debt financing is only one of the challenges they face. She has extensive knowledge of all aspects of tax-exempt bond issuance, including disclosure, compliance, corporate governance, equipment leasing, governmental authority, and debt restructuring. In her 30-year legal career, Julie has represented virtually every type of financing participant (borrowers, banks, issuers, lenders, developers, underwriters and trustees).

Julie’s practice is relatively broad, providing counsel to corporate management and boards of directors on legal matters and business issues involving project financing for health facilities, schools, universities, governmental entities, senior living, and multifamily housing. Julie advises on a variety of complex business transactions such as tax-exempt bond issuance, bank loans, lease-purchase structures, debt refinancing, and bond defaults. Her clients have ranged in size and scope from large national health care systems and leading higher education institutions, to local health and social service providers, cultural organizations, and municipalities.

 

Focus

Her collegial and collaborative approach increases project financing accessibility for her clients and helps them identify opportunities in order to develop and grow.

 

Clients

Corporations
Governmental Entities
Banks
Trustees
Developers
Nonprofit Organizations
Issuers
Lenders and Borrowers

 

Industries

Public Finance
Business
Nonprofit Corporations
Finance and Development
Real Estate

 

Memberships and Affiliations

HonorHealth – Board of Directors, 2013 – Present

Desert Mission – Board of Directors, 2006 – Present; Chair, 2013 – 2016

Arizona Women Lawyers Association – Maricopa Steering Committee, 1998 – 2012; 2015 – 2016

National Association of Bond Lawyers, 1987 – Present

 

Recognition

Recognized in The Best Lawyers in America© in the field of Health Care Law in Phoenix, AZ, since 2021

AV-Rated by Martindale Hubbell Peer-Review Ratings®

 

Career Highlights

Represented an Arizona community development corporation in its purchase of nine apartment buildings from various real estate investment trusts, which resulted in a substantial increase in the number of affordable housing units in the Phoenix metropolitan area.

Served as borrower counsel to a large national health care system on numerous tax-exempt bond issues totaling over $1.5 billion to finance a variety of acquisitions, construction and infrastructure projects.

Assisted the trust department of a national banking association with its duties under an indenture of trust involving the dissolution of a defaulted single-family mortgage revenue bond program and the hundreds of corresponding home mortgages.

Helped to successfully complete the first issuance in Arizona of tax-exempt bonds for a federally qualified health center that financed the rehabilitation and repurposing of a long-time abandoned building in central Phoenix for use as a community health center, in her role as general counsel to the conduit bond issuing authority.

Chaired the board of directors of a local nonprofit serving the social needs of the vulnerable during a period of enormous transition and growth that expanded its programs to improve the health and well-being of the community.

David Engelman Attorney at Engelman Berger

The Art of Advice

David Wm. Engelman on what he’s learned after 40 years of law and a lifetime of helping the less fortunate.

Bankruptcy attorney David Wm. Engelman has represented businesses and lender for decades, but he might be better known for his free financial clinics for the needy. “The knowledge of the law is essentially the same, but it’s very different folks that you’re working with as clients.” he says.

Download the PDF.

An Armistice in the Fight for Anti-Deficiency Reform

“Peace in the Middle East.” That is how Tom Farley, chief lobbyist for the Arizona Association of Realtors, described the collaborative effort that led to the passage of the most recent amendments to Arizona’s anti-deficiency statutes.1 Though the amendments may not have achieved that lofty objective, they did effectuate a compromise between Arizona real-tors, bankers and homebuilders over the scope and reach of the statutes—an issue that previously had sharply divided these groups.

Engelman Berger Welcomes Our New Shareholder Damien R. Meyer!

Damien has extensive experience in representing private businesses and individuals, contractors and real estate developers in all areas of their business including contractual analysis and disputes, collection and payment disputes, tort liability and negotiation of pre-litigation disputes to avoid formal litigation.

Patrick Clisham Attorney at Engelman Berger

Patrick A. Clisham

Patrick Clisham Attorney at Engelman Berger

PATRICK A. CLISHAM - MANAGING SHAREHOLDER

 

pac@eblawyers.com
602.271.9090 MAIN
602.222.4968 DIRECT
602.222.4999 FAX
2800 North Central Avenue
Suite 1200
Phoenix, Arizona 85004

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Practice Areas

Commercial Litigation
Bankruptcy and Reorganization
Business Formation and Transactions
Buying/Selling Businesses
Creditors’ Rights
Loan Workouts
Commercial Landlord Tenant Law
Business and Financial Restructuring
Real Estate
Loan Documentation

Education

DePaul University College of Law, J.D., cum laude, 2002
Northern Illinois University, B.S. in Political Science, 1992

Admissions

Arizona and Illinois State and Federal Courts
United States Court of Appeals for the Seventh and Federal Circuits

Assisted By

Marie Kelly

PDF Bio
“pdf”

Patrick Clisham has extensive experience representing clients in complex corporate transactions, including loan documentation and restructurings, asset acquisitions and sales, lease negotiations and enforcement, and business transactions. Patrick’s experience primarily derives from representing secured and unsecured creditors, corporate debtors, trustees and examiners in corporate bankruptcy proceedings and out of court workouts.

Patrick joined Engelman Berger in 2009 after relocating from Chicago. His prior practice experience includes his time as an Associate at Shaw Fishman Glantz & Towbin LLC in Chicago (2004 – 2009) and as an Extern with the Office of the United States Trustee in Chicago, Illinois (2002).  Patrick also has considerable business and financial experience. He is a former commodities futures trader and was a Member of the Chicago Mercantile Exchange from 1996 – 2001. Patrick also previously served as Assistant Vice-President of Law & Government Affairs for AT&T Communications from 2002 – 2004.

 

Focus

To advance the financial interests of clients through business transactions and restructurings or litigation.

 

Clients

Commercial Banks
Financial Institutions
Manufacturers
Private Equity Investors/Lenders
Commercial Landlords
Real Estate Developers
Retail Merchants
Restaurants

 

Professional

American Bankruptcy Institute, Member of the Board of Directors and Finance Committee

ABI Southwest Conference Planning Board, Co-Chair

ABI Journal, Recurring Author/Contributing Editor

Credit Abuse Resistance Education (CARE), Executive Board Member, Secretary

Arizona Bankruptcy American Inn of Court; Master of the Bench

Turnaround Management Association, Member

 

Recognition

Recognized in The Best Lawyers in America© in the field of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law in Phoenix, AZ, since 2020

Selected to Southwest Super Lawyers, Bankruptcy, Business/Corporate, Business Litigation, 2019 – 2020

Selected to Southwest Rising Stars, Bankruptcy, Business/Corporate, Business Litigation, 2012

2007 Award For Excellence in Public Interests Legal Education from the United States District Court for the Northern District of Illinois

 

Career Highlights

Representation of commercial banks in structuring and documenting commercial and agricultural loan transactions.

Representation of commercial landlords and real estate developers with respect to lease enforcement, credit workouts, and guarantor liabilities.

Representations of buyers and sellers in the private sales of manufacturing, multi-state and regional retail, and construction contracting services businesses.

Representation of a dairy farm in chapter 11 liquidation of dairy assets and disposition of real estate and related investment assets.

Representation of debtor and trustee of a post-confirmation liquidating trust in negotiations and settlement of environmental claims and reclamation processes with the U.S. EPA and various state agencies in a chapter 11 proceeding.

Representation of international manufacturer and wholesaler of consumer goods in chapter 11 proceedings, including a sale of the debtor’s operating assets as a going concern.

Representation of major machinery equipment lessor in a successful chapter 11 reorganization case.

Representation of chapter 7 bankruptcy trustee in the $50 million liquidation of international boat manufacturer, including the prosecution of avoidance actions and the resolution of more than $2 billion in claims.

Representation of Healthcare Ombudsman appointed in chapter 7 liquidation of private physician practice.

 

Publications

Monthly Benchnotes Column for the ABI Journal, Regular Contributing Editor and Co-Author, January 2016 – Present

“A Primer on the Valuation of Affordable Housing in Chapter 11,” XXXII ABI Journal 4, 52-53, 102-03, Co-Author, May 2013

“Illinois Institute for Continuing Legal Education Secured Transactions,” Co-Authored Various Chapters

“The 547(c)(4) New Value Defense: Paid or Unpaid,” Bankruptcy Strategist, Co-Author

 

Community Service

Patrick volunteers his time teaching America’s youth the importance of responsible credit use for the national Credit Abuse Resistance Education (CARE) Program and serves as Secretary of CARE’s Board of Directors

Patrick serves as a Board Member for and supports Aid for Adoption of Special Kids (AASK) an Arizona non-profit entity focused on serving Arizona’s foster and adoptive children

David Engelman Attorney at Engelman Berger

David Wm. Engelman

David Engelman Attorney at Engelman Berger

DAVID WM. ENGELMAN - SHAREHOLDER

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dwe@eblawyers.com
602.271.9090 MAIN
602.222.4975 DIRECT
602.222.4999 FAX
2800 North Central Avenue
Suite 1200
Phoenix, Arizona 85004

vcf

Practice Areas

Bankruptcy and Reorganization
Creditor Rights
Loan Workouts
Business and Financial Restructuring
Real Estate
Loan Documentation
Mediation
Buying and Selling of Businesses
Automobile Dealership Law
Credit Union Law

Education

John Marshall Law School, J.D. with honors, 1975
Antioch College, B.A., 1972

Admissions

Arizona State Courts
Arizona Federal District Court
Ninth Circuit Court of Appeals
United States Supreme Court

Assisted By

Lisa Morgan

PDF Bio
“pdf”

David Wm. Engelman brings a longstanding commitment to efficient and effective client service developed over 25 years as a solo practitioner and 17 years managing a small firm. He integrates that style with a similar commitment  to providing quality legal services to his clients. The success of this approach is evidenced by the retention of clients for over 35 years.

David is an experienced attorney whose practice focuses on commercial law. He has engaged in a wide variety of areas over his career, including banking and credit union law, loan and contract drafting, bankruptcy representation for commercial creditors and debtors, loan workouts, and business and agricultural matters.  David currently concentrates his practice areas to business deals, including buying and selling businesses, banking and credit union matters, loan originations, loan workouts, complex business disputes, and commercial bankruptcy matters.

David also currently serves as General Counsel to Arizona Federal Credit Union.

Focus

To build and maintain long-lasting successful business relationships by offering personalized and individualized service designed to meet the client’s needs.

 

Clients

Appliance Wholesalers
Automobile Dealerships
Commercial Lenders
Dairy
Cattle and other Farmers
Financial Institutions
Golf Courses
Hard Money Lenders
HUD – Affordable  Housing
Financial Investors
Non-profits
Real Estate Developers
Small Business Owners

 

Industries

Agriculture
Banking
Construction
Credit Union
Finance
Hospitality and Lodging
Investments
Real Estate
Transportation

 

Bar Associations

State Bar of Arizona: Board of Governors
Bankruptcy Section
Former Pro Bono Chairman
Former Chairman of Judicial Relations Committee
Maricopa County Bar Association
American Bar Association
Law Practice Management
American Bankruptcy Institute

 

Recognition

Selected to Southwest Super Lawyers, Creditor Debtor Rights, Bankruptcy, Closely Held Business, 2008 – 2020

Recipient of the Golden Rule Award from Arizona Interfaith Movement, 2012

Pro Bono Attorney of the Year, Arizona Supreme Court, 2010

Frank Gordon Traveling Award for Volunteer Attorney of the Year, Volunteer Lawyers Program, 2009

William Birmingham Clinic Services Award, Volunteer Lawyers Program, 1995 and 1999

William Morris Pro Bono Service Award, Arizona Bar Foundation, 2004

 

Career Highlights

Representation of numerous lenders and borrowers in commercial and agricultural loan origination matters, including drafting and negotiating loan agreements and related commercial finance documents.

Representation of lenders and borrowers in loan workouts, including negotiating and drafting forbearance and modification agreements.

Representation of lenders in commercial foreclosure matters, including handling trustee sales and follow up deficiency actions.

Conversion of federally chartered credit unions to state chartered credit unions.

Representation of a large credit union, handling all its bankruptcy files, loan disputes, regulatory issues, title disputes, and day-to-day general legal matters. Drafted various documents for the credit union, including loan documents and motor vehicle dealer finance agreement.

Representation of various farmers in chapter 11 and chapter 12 bankruptcies, with positive outcomes.

Successfully represented a new homebuilder in the orderly Chapter 11 liquidation of its partially constructed homes.

Represented an owner of an apartment complex in successful business reorganization, permitting the client to sell the complex for a tidy profit.

Representation of a major resort through bankruptcy.

Represented a purchaser in the acquisition of $40 million worth of assets from a bankrupt fiber optic business. This involved the negotiation with over 25 different lessors and contractors to adjust and resolve lease and contract disputes, as well as the negotiation with various mortgagees of real property.

Representation of a creditors’ committee in the Chapter 11 case of a primary school and nursery school holding company, resulting in the successful sale and spin-off of schools as going concerns.

Successful bankruptcy liquidation of medical provider company. Representation of asset purchasers from various bankruptcy estates. Drafting and reviewing numerous commercial loans on behalf of lenders.

 

Published Opinions

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

In re Sunnyslope Housing Limited Partnership, 2012 WL 603573 (B.A.P. 9th Cir. 2012)

In re Bender, 586 F.3d 1159 (9th Cir. 2009)

National Union Fire Ins. Co of Pittsburgh, Pa. v. Greene, 195 Ariz. 105, 985 P.2d 590 (Ariz.App. Div 1, 1999)

Oyakawa v. Gillette, 175 Ariz. 226, 54 P.2d 1212 (Ariz. App. Div. 1, 1993)

 

Seminars

Frequent speaker for CLE programs sponsored by the State Bar of Arizona, Maricopa County Bar Association, and National Business Institute. Topics are related to commercial and consumer bankruptcy and insolvency issues.

Business Law adjunct teacher at Phoenix College: 1990-1995

Financial Debt Clinic adjunct teach at Summit Law School: 2013

Occasional expert witness in bankruptcy related matters

 

Community Service

Active in various charitable and civic matters in the community for over 40 years

Current member of Volunteer Lawyers Program Advisory Board

Currently supervises Financial Distress Clinic, a monthly clinic offering free legal advice to community

Mentor for new participating lawyers of Volunteer Lawyer Program

Former board memberships include:
Hillel at ASU
Arizona Interfaith Movement
Temple Chai
Jewish Community Center
American Jewish Committee