Contact

Shareholder

Scott B. Cohen

Phone: (602) 222-4960

Email: [email protected]

LinkedIn

Shareholder

Scott B. Cohen

Phone: (602) 222-4960

Email: [email protected]

LinkedIn

Scott Cohen is both a commercial bankruptcy attorney, and a problem solver.

For over 30 years, he has dedicated his work to providing strategic, results-oriented solutions – whether negotiated or litigated – in the areas of finance, banking, bankruptcy, creditors’ rights, workouts, turnarounds, and commercial litigation.

Scott represents banks, lenders, creditors, borrowers, landlords, guarantors, committees, and debtors. His comprehensive practice covers the entire lifecycle of commercial relationships and disputes, including:

  • Bankruptcy & Commercial Litigation: He regularly represents clients in state and federal courts, as well as the United States Bankruptcy Court, Chapter 11 reorganizations, bankruptcy litigation, receiverships, and commercial lawsuits. In recent years, he has successfully handled numerous complex lender liability cases for bank clients and priority disputes between secured creditors. Scott enjoys nondischargeability litigation.
  • Creditors’ Rights & Workouts: Scott also guides clients through non-litigation alternatives, including loan workouts, business turnarounds, and enforcing defaults.
  • Transactional Matters: He assists lending institutions with custom loan documentation, loan reviews, credit facilities, Small Business Administration loans, and secured transactions, from due diligence through enforcement.

A leading member of Arizona’s bankruptcy law community, Scott is a Certified Specialist in Business Bankruptcy Law (American Board of Certification). He is on the board of the American Board of Certification and is on the faculty for certification. His proficiency is further exemplified by his former chairmanship of the Bankruptcy Section of the State Bar of Arizona. Scott also frequently serves as an expert witness in bankruptcy and anti-deficiency matters. Scott also worked with the Arizona Bankers Association, the Arizona Association of Realtors, and the Home Builders Association of Central as a subject matter expert to reform A.R.S. § 33-814 (Arizona’s anti-deficiency statute for non-judicial foreclosure).

More About Scott B. Cohen

  • American Board of Certification, Board Member and Faculty Committee
  • State Bar of Arizona
  • State Bar of Arizona Bankruptcy Section, Current Member and Past Chair, 2011 – 2012
  • Arizona State Bar Convention for the Bankruptcy Section, Chair
  • Arizona Bankruptcy American Inn of Court, Senior Member/Mentor
  • Contributor, Norton Bankruptcy Law and Practice (3rd ed.)
  • Advisory Board, Norton Bankruptcy Law Adviser Newsletter
  • Faculty, Norton Institutes on Bankruptcy Law
  • Faculty for WestLegal Edcenter on Bankruptcy
  • State Bar of California
  • American Bar Association
  • American Bankruptcy Institute
  • Federal Bar Association
  • Maricopa County Bar Association
  • Advisory Board, Legus International
  • Bankruptcy Section of the Maricopa County Bar Association, Past Chair
  • Professional Liability Defense Federation – Lender Liability
  • Turnaround Management Association
  • Arizona Turnaround Management Awards Program, Co-Chair, 2012

Typical of Scott’s legal engagements are his representation of:

  • Publicly traded company in the $31,000,000 purchase of industrial real estate in U.S. Bankruptcy Court for the Central District of California in a competitive auction sale pursuant to 11 U.S.C. § 363.
  • Commercial lender in a New Market Tax Credit facility.
  • A non-profit homeowners association with almost 2,400 homeowner members in the Chapter 11 reorganization resulting in a confirmed Chapter 11 plan and the resolution of decades of bitter litigation.
  • Certain private equity in the Chapter 11 bankruptcy of the National Hockey League’s Phoenix Coyotes.
  • A regional hospital and other out-of-network providers in an involuntary bankruptcy of a third-party administrator plan that was wholly owned by another regional hospital, through which Scott worked with his client in the client’s role as chair of the Unsecured Creditors’ Committee to collaborate with debtor’s counsel to confirm a full-payment, Chapter 11 reorganization plan.
  • A REIT in the Chapter 11 reorganization of a publicly traded private school involving multiple locations and a buyback by the parents.
  • Regularly first chairs contested Chapter 11 plan confirmation disputes.
  • Handled six or more involuntary bankruptcy contests involving evidentiary hearings or trials.

In addition, Scott has served as:

  • Counsel to the Arizona Bankers Association.
  • Subject Matter Expert on Arizona’s anti-deficiency statutes.
  • An expert witness on Arizona’s foreclosure laws, Arizona’s anti-deficiency statutes, and on bankruptcy malpractice issues
  • An Unsecured Creditors’ Committee in a currency exchange bankruptcy case involving fraud allegations against the debtor and against a large European bank.
  • Lead bankruptcy trial counsel on the successful reorganization of an operating company with obligations of approximately $40 million.
  • Lead bankruptcy trial counsel on the successful reorganization of 150-unit affordable housing project, resulting in a confirmed Chapter 11 plan of reorganization with a 40-year straight amortization and a 4.4% interest rate on the secured debt.
  • Creditors’ rights counsel for multiple Arizona municipalities in bankruptcy cases in Arizona and California.
  • Temple Solel in Paradise Valley, Arizona: Board Member, Budget Committee, Personnel Committee, Foundation Secretary, Vice-Chair and Endowment Foundation Board Member
  • Pardes Jewish Day School, Past Chair
  • American Jewish Committee, Past Board Member
  • Council for Jews with Special Needs, Past Board Member
  • The Honorable Robert G. Mooreman Golf Tournament, Co-Chair
  • “Imputed Fraud: The Supreme Grant Cert in Bartenwerfer v. Buckley” 2022 No. 8 Norton Bankruptcy Law Adviser Newsletter (August 2022)
  • “The Bloom is Off the Rose: Sub Rosa Objections to Rule 9019 Settlements” 2021 No. 10 Norton Bankruptcy Law Adviser Newsletter (Oct. 2021) (co-authored with Rachel Phillips and Rahul S. Jayaraman)
  • “Uneven Dischargeability Standards” 26 No. 4 J. Bankr. L. & Prac. Newsletter (August 2017) (co-authored with Professor Laura N. Coordes)
  • “Patel: A Sidestep Toward the Definition of ‘Projected Disposable Income’ in Chapter 11 Cases? 2020 No. 11 Norton Bankruptcy Law Adviser Newsletter (Nov. 2020) (co-authored with Bradley D. Pack)
  • “Why Become an American Board of Certification (ABC) Member” ABI Journal, April 2020
  • “Not So Clear or Convinced: The Burden to Appoint a Trustee under 11 U.S.C.A. § 1104(a),” 2019 No. 5 Norton Bankruptcy Law. Adviser Newsletter, August 2019
  • “Involuntary Bankruptcy Petitions and Bad Faith as Grounds for Dismissal,” Norton Bankruptcy Law Adviser Newsletter, March 2016
  • “An Armistice in the Fight for Anti-Deficiency Reform,” Co-Author, Arizona Attorney Magazine, January 2015
  • “Madeleine Wanslee, ABC – Certified Specialist, Takes the Bench,” ABI Journal, July 2014
  • “A Primer on the Valuation of Affordable Housing in Chapter 11,” Co-Author, XXXII ABI Journal 4, 52-53, 102-03, May 2013
  • Norton’s Bankruptcy Law and Practice, 2nd and 3rd Editions, Contributing Author
  • “Ragsdale and Its Progeny: A History of Uncertainty and A Way to Predict Decisions Under 11 U.S.C. Section 523(a)(4),” Co-Author, Texas Bankruptcy Court Reporter (also published in the California Bankruptcy Court Reporter, the Colorado Bankruptcy Court Reporter, and a bankruptcy court reporter which covers the 4th Circuit)
  • “Zohlman v. Zoldan: A Marked Improvement in the Jurisprudence of 11 U.S.C. Section 523(a)(4),” Co-Authored, published in Bankruptcy Court Decisions
  • “Arizona Anti-Deficiency Laws: A Guide to Navigating Uncertainty,” Co-Author, May 2008
  • “A Blow to the Claim of Aiding and Abetting a Breach of Fiduciary Duty,” 2006
  • “Bad Contract, Good Arbitration Clause,” 2005
  • “East Valley Tribune New Bankruptcy Law Effective November 17, 2005,” 2005
  • “Bankruptcy Reform, Part 2: Businesses,” 2005
  • “Bankruptcy Reform, Part 1: Consumers,” 2005
  • “The Deepening Insolvency Doctrine,” 2004
  • “Community Banks and Litigation,” 2004
  • “Score One for Lenders: Benefiting from the Indirect Benefit Rule,” 2004
  • “Arizona Community Property Law vs. Full Faith and Credit: The Winner Is …” 2004
  • “Creditors Gain Ground Using Setoff Claims,” 2004
  • “Baseball, Hot Dogs, Apple Pie and the Zone of Insolvency,” 2003
  • “When Hardball Backfires,” 2003
  • “Circuit Rulings on Automatic Stay,” 2003
  • “How to Protect Your Receivables When Money Is Tight,” 2002
  • “Collective Receivables,” 2002
  • “’Defalcation’ and ‘Fiduciary’ Duty Under Section 523(a)(4) – The SDNY Joins the Debate,” Bankruptcy Court News, 1999
  • “Ragsdale and Its Progeny: A History of Uncertainty and A Way to Predict Decisions Under 11 U.S.C. Section 523(a)(4),” California Bankruptcy Court Reporter, 1998
  • PNC Bank, N.A. v. Coury in & for Cnty. of Maricopa, 257 Ariz. 52, 54, 544 P.3d 88, 90 (Ct. App. 2024), review denied (Aug. 2, 2024)
  • In re Sunnyslope Hous. Ltd. P’ship, 859 F.3d 637, 640 (9th Cir. 2017), as amended (June 23, 2017)
  • In re Sunnyslope Hous. Ltd. P’ship, 838 F.3d 975, 976 (9th Cir. 2016)
  • Compass Bank v. Bennett, 2016 WL 3063779, __ Ariz. __ (App. May 31, 2016)
  • In re Sunnyslope Hous. Ltd. P’ship, 838 F.3d 975, 976 (9th Cir. 2016)
  • Arizona Bank & Trust v. James R. Barrons Trust, 237 Ariz. 401 (App. 2015)
  • CSA 13-101 Loop, LLC v. Loop 101, LLC, 236 Ariz. 410, 411, 341 P.3d 452, 453 (2014)
  • Sysco Arizona, Inc. v. Hoskins, 235 Ariz. 164, 165, 330 P.3d 354, 355 (Ct. App. 2014)
  • In re Mortgages Ltd., 444 B.R. 585 (Bankr. D. Ariz. 2011)
  • In re Tuli, 143 Fed.Appx. 849 (9th Cir. 2005)
  • In re Rollinson, 322 B.R. 879 (Bankr. D. Ariz. 2005)
  • In re Tuli, 21 Fed. Appx. 567 (9th Cir. 2001)
  • In re Sanner, 218 B.R. 941 (Bankr. D. Ariz. 1998)
  • In re Hashim, 188 B.R. 633 (Bankr. D. Ariz. 1995)
  • In re Clark, 179 B.R. 898 (Bankr. D. Ariz. 1995)
  • In re Rhead, 179 B.R. 169 (Bankr. D. Ariz. 1995)
  • In re Hashim, 188 B.R. 633 (Bankr. D. Ariz. 1995)
  • In re Clark, 179 B.R. 898 (Bankr. D. Ariz. 1995)
  • In re Rhead, 179 B.R. 169 (Bankr. D. Ariz. 1995)
  • “Breaking Bad: Restructuring Illegal Businesses,” American Bankruptcy Institute Southwest Conference, September 5, 2025
  • Taught Understanding LaserPro Documents to a publicly traded group of community bank clients
  • Taught Cross-Collateralization and Cross-Default loan document provisions to a publicly traded lender client
  • Taught Guaranties and Community Property Law in Arizona to multiple publicly traded bank clients
  • Taught mediation and alternative dispute resolution to a publicly traded bank client
  • Taught Fraudulent Transfer law to CPAs
  • Bankruptcy Section of the State Bar of Arizona on BACPA and Stay Relief
  • Norton Institutes on Bankruptcy Law
    • Bankruptcy Jurisdiction
    • Estoppel Doctrines in Litigation
    • Health Care Insolvency
    • Use of Expert Witnesses in Bankruptcy
    • Nondischargeability Litigation
    • Subchapter V
    • Contested Chapter 11 Plan Confirmation Issues
    • Section 363 Auction Sales
    • Debtor-In-Possession (DIP Financing)
  • ABI Southwest Conference – Bankruptcy Abuses and Sanctions
  • ABI Spring Meeting – Bankruptcy Crimes and Collusive Section 363 Sales
  • ABI Southwest Conference – Bad Faith Filings
  • ABI Southwest Conference – Lessons from the Ninth Circuit’s decisions in In re Sunnyslope Hous. Ltd P’ship
  • State Bar of Oklahoma Bankruptcy Section on Section 363 Sales
  • “Recent Developments in Chapter 11,” American Bankruptcy Institute, September 8-10, 2016
  • “Avoiding the Bankruptcy Code’s Early Land Mines,” American Bankruptcy Institute, September 4-6, 2014

Paralegal

  • Alyssa C. Moomaw

Legal Assistant

  • Genesis Olvera Castro

Practice Areas

Industries

  • Adult Care Facilities
  • Banking and Finance
  • Education
  • Equipment Leasing
  • Healthcare
  • Multi-Family Housing
  • Municipalities
  • Non-profits
  • Real Estate
  • Restaurants and Hospitality
  • Restructuring
  • Retail

Education

  • University of Iowa, J.D. with distinction, 1992 (Iowa Law Review, Articles’ Editor)
  • University of Iowa, B.A. Political Science, 1989

Admissions

  • Arizona
  • California
  • United States District Court for the District of Arizona
  • United States District Court for the Northern District of California
  • United States District Court for the Eastern District of California
  • United States District Court for the Southern District of California
  • United States District Court for the District of Colorado

Best Lawyers in America

Recognized in The Best Lawyers in America© in Phoenix, AZ, in the fields of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, since 2020; and Litigation – Bankruptcy, since 2021

Southwest Super Lawyers

Selected to Southwest Super Lawyers, Bankruptcy, General Litigation, Banking, Creditor Debtor Rights, 2008, and since 2013

Top Attorneys in Arizona

Phoenix Magazine, 2015

AZ Business Leaders

Recognized among Arizona’s top professionals in the 2025 Az Business Leaders publication.

AV-Rated by Martindale Hubbell

“The highest peer rating standard. This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.”

Board Certified

Business Bankruptcy Law – American Board of Certification

Master

Arizona Bankruptcy American Inn of Court