SCOTT B. COHEN - SHAREHOLDER
[email protected]
602.271.9090 MAIN
602.222.4960 DIRECT
602.222.4999 FAX
2800 North Central Avenue
Suite 1200
Phoenix, Arizona 85004
Practice Areas
Commercial Litigation
Bankruptcy and Reorganization
Business Formation & Transactions
Buying/Selling Businesses
Creditors’ Rights
Loan Workouts
Commercial Landlord Tenant Law
Business and Financial Restructuring
Loan Documentation
Education
University of Iowa, J.D. with distinction, 1992 (Iowa Law Review, Articles’ Editor)
University of Iowa, B.A. Political Science, 1989
Admissions
Admitted to practice before all state and federal courts in Arizona and California and before the U.S. Court of Appeals for the Ninth Circuit.
Assisted By
Alyssa Moomaw
PDF Bio
Scott B. Cohen is a Phoenix based commercial bankruptcy attorney who represents banks, lenders, landlords, guarantors, committees, and other creditors in bankruptcy, creditors’ rights matters, loan workouts, business turnarounds, Chapter 11 reorganizations, receiverships, bankruptcy litigation, and commercial litigation. He regularly appears in U.S. Bankruptcy Court and state court proceedings involving liquidations, Chapter 11 reorganizations, receiverships, and commercial lawsuits. Scott is a leading member of Arizona’s bankruptcy law community, as exemplified by his chairmanship (2011-2012) of the Bankruptcy Section of the State Bar of Arizona. He is a Certified Specialist in Business Bankruptcy (American Board of Certification) and also serves as an expert witness in bankruptcy and anti-deficiency matters.
Focus
To provide spirited and focused representation of commercial lenders, creditor clients, and financially distressed businesses in achieving negotiated and litigated solutions in bankruptcy and other commercial insolvency matters.
Clients
Banks
Brokers/Developers
Business Owners
Doctors
Commercial and Asset Based Lenders
Financial Institutions
Investors
Landlords
Medical Practices
Industries
Adult Care Facilities
Banking and Finance
Education
Equipment Leasing
Healthcare
Multi-Family Housing
Municipalities
Non-profits
Real Estate
Restaurants and Hospitality
Restructuring
Retail
Professional
American Board of Certification, Board Member
State Bar of Arizona
Bankruptcy Section of the State Bar of Arizona, Past Chair, 2011 – 2012
Arizona State Bar Convention for the Bankruptcy Section, Chair
State Bar of California
American Bar Association
American Bankruptcy Institute
Federal Bar Association
Maricopa County Bar Association
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
Recognition
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
Selected to Southwest Super Lawyers, Bankruptcy, General Litigation, Banking, Creditor Debtor Rights, 2008, and since 2013
Phoenix Magazine, Top Attorneys in Arizona, 2015
AV-Rated by Martindale-Hubbell®
Board Certified – Business Bankruptcy Law – American Board of Certification
Career Highlights
Typical of Scott’s legal engagements are his representation of:
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.
In addition, Scott has Served as:
Counsel to the Arizona Bankers Association.
Subject Matter Expert on Arizona’s anti-deficiency statutes.
Expert witness on Arizona’s foreclosure laws.
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.
Lead bankruptcy trial counsel in six involuntary bankruptcy cases, representing petitioners in some cases and putative debtors in others.
Creditors’ rights counsel for multiple Arizona municipalities in bankruptcy cases in Arizona and California.
An expert witness in bankruptcy malpractice issues.
An expert witness on Arizona’s anti-deficiency statutes.
Published Opinions
In re Sunnyslope Hous. Ltd. P’ship, 859 F.3d 637, 640 (9th Cir. 2017), as amended (June 23, 2017)
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)
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)
Publications
“Imputed Fraud: The Supreme Grant Cert in Bartenwerfer v. Buckley” 2022 No. 8 Norton Bankr. L. Adviser NL 1 (August 2022)
“The Bloom is Off the Rose: Sub Rosa Objections to Rule 9019 Settlements” 2021 No. 10 Norton Bankr. L. Adviser NL 1 (Oct. 2021) (co-authored with Rachel Phillips and Rahul S. Jayaraman)
“Uneven Dischargeability Standards” 26 No. 4 J. Bankr. L. & Prac. NL Art. 1 (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 Bankr. L. Adviser NL 1 (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 Bankr. L. Adviser NL2, August 2019
“Involuntary Bankruptcy Petitions and Bad Faith as Grounds for Dismissal,” Norton Bankr. L. Adviser, 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
Seminars
Frequent speaker at seminars on bankruptcy law, fraudulent transfers, preferences, stay relief, and related topics, including a presentation on lender liability law at the Arizona Bankers Association annual convention.
Community Service
Temple Solel in Paradise Valley, Arizona, 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