Berger is the co-founder of Engelman Berger, a law firm that has grown carefully over 15 years to meet client demands from a two-lawyer office to a 12-lawyer boutique firm concentrating on commercial disputes, business restructurings, and creditors’ rights.
W2016 No. 3 Norton Bankr. L. Adviser NL 1
Norton Bankruptcy Law Adviser
Volume 2016, Issue 3
Norton Bankruptcy Law Adviser
Involuntary Bankruptcy Petitions and Bad Faith as Grounds for Dismissal
Scott B. Cohen*
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.
“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.
There is good reason many large companies utilize Chapter 11 as a restructuring tool. Chapter 11 bankruptcy affords companies and individuals to restructure their debt and regain their financial footing. A Chapter 11 bankruptcy also presents significant employment opportunities for CPAs, in addition to ordinary accounting services. Consider the following scenario.
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.
Entering into a commercial lease can signify an exciting time of growth or it could be a time of change, when a company needs to downsize. Either way, it’s important to understand the lease language and what the long-lasting economic and legal implications are before signing on the dotted line. Kevin Judiscak, an attorney with Phoenix-based Engelman Berger, P.C., says many business executives who are outstanding in their chosen fields often make the mistake of thinking they have the training and experience to negotiate an advantageous lease when, in fact, they don’t know what to look for or what to look out for.
ABI will hold its 22nd Annual Southwest Bankruptcy Conference from September 4-6, 2014 at the Four Seasons Hotel in Las Vegas, Nevada. The conference will examine the latest developments in both business and consumer law and will bring together insolvency professionals to examine various topics and trends in bankruptcy. Scott B. Cohen will be on a panel discussing “Avoiding Bankruptcy Code Early Land Mines.”
(Phoenix, Arizona) Phoenix based commercial law firm Engelman Berger announces the addition of Phoenix attorney Tamalyn E. Lewis as a shareholder. Ms. Lewis brings to the firm 30 years of experience in representing banks, financial institutions, small businesses, farmers and individuals in resolving commercial disputes. Lewis joins the already substantial creditor rights, bankruptcy, litigation, and business practice at Engelman Berger. “This is a great 15th birthday present for our firm. Tami’s experience, history of finding practical solutions for clients, and her commitment to the community make her a great fit for our firm,” says Steven Berger, a founding partner.
Continue reading “Tamalyn E. Lewis Joins Engelman Berger as Shareholder”
Plaintiffs suing General Motors Co. over an alleged ignition-switch defect would have a very difficult time persuading a judge to roll back the compa- ny’s immunity for pre-bankruptcy accidents for fraud on the court, bankruptcy attorneys told Bloomberg BNA in a series of recent interviews.