Susan M. Freeman

Overview

Susan Freeman is a partner who concentrates her practice on business bankruptcy and on appeals of all kinds. She is the only lawyer invited to membership (and leadership) in both the American College of Bankruptcy and the American Academy of Appellate Lawyers. Susan has briefed and argued before the U.S. Supreme Court, and she is frequently invited to present materials and speak at seminars in Arizona and nationally.

Business Bankruptcy

Susan is certified by the Arizona State Bar Board of Legal Specialization as a specialist in bankruptcy law. With experience serving as individual counsel and as co-counsel, she helps in all aspects of business bankruptcy cases. From trustees to secured lenders to asset purchasers, Susan has represented a range of clients, including:

• Purchasers of assets, including Pivotal Global Capacity as acquirer of a telecommunications and logistics business in the Global Capacity Chapter 11 case in Delaware, and James Balsillie and PSE Sports & Entertainment as proposed buyer of the Phoenix Coyotes NHL hockey team in its Chapter 11 case in Phoenix
• Indenture Trustees, including Wells Fargo Bank as Indenture Trustee for $450 million of senior industrial revenue bondholders, the principal secured creditors in the Las Vegas Monorail Chapter 11 case in Las Vegas, and also as Indenture Trustee for $75 million of Community Facilities District bondholders in the SunCor Development Company Chapter 11 cases
• Litigants in Chapter 11 disputes, including Neil Gaiman in his copyright claims against Todd McFarlane Productions
• Creditors Committees, including in the USA Commercial Mortgage case in Las Vegas and the Eurofresh and MicroAge cases in Phoenix
• Secured creditors, including the principal lender owed $9.7 million by a sports memorabilia Chapter 11 debtor, CDC Mortgage Capital owed $20.5 million by a shopping center Chapter 11 debtor, $486 million of noteholders and bank lenders in the Crown Pacific Chapter 11 cases, and a life insurance company owed over $150 million in the Chapter 11 cases filed by 51 Trammell Crow entities
• Debtor-in-possession lenders, including Pivotal Finance, LLC in the Utah 7000 cases in Salt Lake City (also the equity owner/management company)
• Debtors-in-possession including in the A-Title case of the largest Prudential Real Estate franchisee brokerage company in Las Vegas, and the All Star Gas multi-state propane company, in both of which successful reorganization plans were confirmed, and Mondrian TTL, LLC, where disputes between the owner of an apartment complex and its principal creditor were satisfactorily settled
• Trustees and Liquidating Trustees, including the Liquidating Trustees in the USA Commercial Mortgage case in Las Vegas and the Nelson Bunker Hunt and William Herbert Hunt bankruptcy cases in Dallas. Ms. Freeman personally served as the Liquidating Trustee in the Oregon Arena Corporation Chapter 11 case in Portland
• Aircraft lessors and secured lenders in airline bankruptcy cases, having represented 14 aircraft financiers in the America West Airlines Chapter 11 case in Arizona and aircraft lessors in the Great American Airways Chapter 11 case in Nevada and the Western Pacific Airlines case in Colorado, where she took the lead role in appeals of Code section 1110 rulings, and CIT, Boullioun and Sunrock in the National Airlines case in Nevada

Susan has also served as the mediator in complex bankruptcy disputes and as an expert witness on behalf of professionals or trustees in Chapter 11 cases, including disputes over professionals’ actions and qualifications.

All Types of Civil Appeals

In the area of appeals, Susan has briefed over 300 appeals and argued over 100 of them, primarily in Arizona appellate courts and the Ninth Circuit U.S. Court of Appeals, but also in other jurisdictions across the country. She is listed as counsel of record in over 150 reported decisions, including complex bankruptcy cases, commercial, tort, ERISA, tax and employment cases. Some of those appellate cases include:

• First Southern Nat’l Bank v Sunnyslope Housing LP, Ninth Circuit No. 12-17241 (2017 en banc): http://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000010840

• Metzler v. BCI Coca-Cola Bottling Co., 235 Ariz. 141, 239 P.3d 1043 (2014); oral argument may be viewed at http://supremestateaz.granicus.com/MediaPlayer.php?view_id=2&clip_id=1423
• In re ProAlert, LLC, 314 B.R. 436 (9th Cir. BAP 2004)
• Gunnell v. Arizona Public Service Co., 202 Ariz. 388, 46 P.3d 399 (2002)
• Jinro America Inc. v. Secure Invs., 266 F.3d 993 (9th Cir. 2001)

Susan often assists counsel from other firms who were responsible for litigation at the trial level, and has presented the views of many entities as amicus curiae. She has served as a judge pro tem on the Arizona Court of Appeals and a faculty member of the Arizona and National Appellate Practice Institutes. In addition, Susan has assisted clients by observing and advising other lawyers during trial to present and preserve arguments for potential appeals.

U.S. Supreme Court Experience

Combining her expertise in appeals and bankruptcy, Susan represented prominent law professors as amici in presenting persuasive arguments to the Supreme Court in the Hood and Katz cases concerning sovereign immunity in bankruptcy.  She petitioned for certiorari, briefed and argued Hall v. United States, 132 S.Ct. 1882 (2012).  

• Hall v. United States Case Oral Argument 
• Hall v. United States Brief for Petitioners 
• Hall v. United States Reply Brief for Petitioners 
• Hall v. United States Petition for a Writ of Ceritorari 
• Hall v. United States Audio of Original Oral Argument

Memberships & Affiliations

• National Bankruptcy Conference, Member, 2016-present
• American Bar Association Business Bankruptcy Committee, Chair, 2017-present, Vice-Chair 2014-2017, and previous Chair of multiple subcommittees
• American College of Bankruptcy, Secretary, former Vice President and Director, Fellow since 1993
• American Academy of Appellate Lawyers, Immediate Past-President, President 2017, and Fellow since 1995
• Arizona Appellate Handbook, Committee of the State Bar of Arizona, Member since 1976, co-author of Civil Appeals chapter and bi-annual updates
• American Law Institute ALI, Member since 1993, Advisory Committee Restatement of the Law Third, Restitution 1997-2010
• Maricopa County Bar Association, Hall of Fame, inducted 2015
• Norton Bankruptcy Law Institutes, Faculty Member since 1988
• Arizona Supreme Court Judicial Performance Review Conference Teams, Member, 1994-present
• ABI Advisory Committee on Executory Contracts and Leases, ABI Commission to Study the Reform of Chapter 11, 2012-14
• American Bankruptcy Institute, National Ethics Task Force, 2011-13
• Charter 100, Member, 1981-present
• Arizona Bankruptcy Inn of Court, Master, 2011-15
• ABA Council of Appellate Lawyers, 2001-2004
• Ninth Circuit Court of Appeals Advisory Committee , Rules of Practice and Internal Operating Procedures, 1998-2001
• Judge Pro Tem, Arizona Court of Appeals, 1995, 1999
• Arizona Judicial Committees Appellate Case Processing Study Committee and Implementation Committee, 1994-98
• Ninth Circuit Judicial Council Merit Screening Committee, Bankruptcy Judges, 1992-93
• Arizona Supreme Courts Committee on Character and Fitness, Former chair, 1990-92, 1986-92
• City of Phoenix Committee appointed by the Mayor and City Council, Chair, Commission and the civil rights ordinances it enforces, 1984-1985
• City of Phoenix Human Relations Commission, Vice chair 1985-86, 1983-86