Susan M. Freeman

Susan M. Freeman

Partner
sfreeman@lrrc.com vCard
602.262.5756 office
602.734.3824 fax
201 East Washington Street
Suite 1200
Phoenix, AZ 85004

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:

  • 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).  

Memberships & Affiliations

  • National Bankruptcy Conference, Member, 2016-present
  • American Bar Association Business Bankruptcy Committee, Vice-Chair/incoming Chair 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, President, 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

Related News

10/10/2017
Lewis Roca Rothgerber Christie Earns ‘Highly Recommended' Ranking From Benchmark Litigation
20 attorneys recognized in peer-reviewed annual guide to top U.S. litigation firms
09/18/2017
Freeman inducted as chair of ABA Business Bankruptcy Committee
Committee is largest organization of business bankruptcy lawyers in the United States
8/15/2017
Partners honored as Lawyer of the Year by Best Lawyers
85 Lewis Roca Rothgerber Christie attorneys in The Best Lawyers in America 2018
04/04/2017
DeWald, Freeman share John P. Frank Pro Bono Attorney of the Year Award
59 attorneys earn recognition for providing more than 50 pro bono hours in 2016
03/22/2017
Charles, Demarchi, Freeman named in Arizona Top 100 list
Az Business magazine recognizes Lewis Roca Rothgerber Christie attorneys
11/29/2016
Freeman elected as Conferee to National Bankruptcy Conference
Lewis Roca Rothgerber Christie partner joins group advising Congress on bankruptcy and related laws
10/10/2016
Benchmark Litigation affirms ‘Highly Recommended' ranking for multiple Lewis Roca Rothgerber Christie offices
22 individual attorneys included in peer-reviewed annual guide of top U.S. litigation firms
08/15/2016
83 Lewis Roca Rothgerber Christie attorneys named in ‘Best Lawyers'
11 partners also honored as ‘Lawyer of the Year' in The Best Lawyers in America® 2017
08/05/2016
Freeman honored as one of the top women litigators in U.S.
Benchmark Litigation guide includes Lewis Roca Rothgerber Christie attorney for third time
03/22/2016
Pro bono service awards presented by Lewis Roca Rothgerber Christie
Annual awards honor memory of lawyer dedicated to equal justice and professionalism
03/17/2016
Az Business magazine recognizes Freeman, Charles, Demarchi, Hulsman
Lewis Roca Rothgerber Christie attorneys named in 2016 Arizona top lawyers list
10/29/2015
Lewis Roca Rothgerber earns accolades in Benchmark Litigation rankings
Law firm ‘Highly Recommended' with 20 ‘Star' attorneys in guide of top U.S. litigation firms
10/27/2015
Susan Freeman inducted into Maricopa County Bar Hall of Fame
Lewis Roca Rothgerber attorney recognized for lifetime achievements, contributions to legal profession
8/26/2015

Presentations

  • "Ethical Issues," The 29th Annual Norton Bankruptcy Litigation Institute II, March 2017
  • “Chapter 11 Cramdown Interest Rates: Till, Momentive and the Proper Valuation Methods,” Fourteenth Annual EBDJ Symposium, February 2017
  • “Bankruptcy Ethics: Recent Developments,” Oklahoma Bar Ass’n. 31st Annual Advanced Bankruptcy Seminar, December 2016
  • “To Tell the Truth: Bankruptcy Ethics Are Complicated” National Conference of Bankruptcy Judges, October 2016
  • “Bankruptcy Appeals: Does the Bench Matter?” ABA Business Bankruptcy Committee, October 2016
  • “Wellness and Post-Stern Jurisdictional Issues” State Bar of Arizona - Bar Convention, June 2015
  • “Guarding the Gates: the Expanding Liability of Gatekeepers of Insolvent Entities” International Bar Association, May 2015
  • “Chapter 11 Open Forum” and “Ethical Issues,” Norton Bankruptcy Law Institutes, February and March 2017 (and annual seminar presentations back to 1987)
  • “Working with the Court of Appeals” State Bar of Arizona, November 2014
  • “Ethical Pitfalls for Bankruptcy Practitioners” State Bar of Arizona, October 2014
  • “Administrative Appeals” State Bar of Arizona Bar Convention, June 2014
  • “Bankruptcy Appeals” District Court Conference” U.S. District Court for District of Arizona, March 2014
  • “Valuation: Challenging Legal and Factual Issues” ABA Business Bankruptcy Committee, November 2013
  •  “Bankruptcy Appeals,” American Bankruptcy Institute Spring Meeting, April 2013
  • “Revisiting RadLAX and Hall: Legal and Practical Impact of the Decisions,” American Bankruptcy Institute Winter Leadership Conference, November 2012 and webinar, February 2013 

Other Publications

Distinctions

  • Arizona Business Magazine - Top 100 Attorneys, 2017
  • Maricopa County Bar Association - Hall of Fame
  • The Best Lawyers in America - 2012, 2015 "Lawyer of the Year" Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; 2013 "Lawyer of the Year" Bankruptcy Litigation - Appellate Law, Bankruptcy and Creditor-Debtor Rights Law, Insolvency and Reorganization Law, and Bankruptcy Litigation, 1989-2017
  • Super Lawyers Corporate Counsel - Bankruptcy and Creditor-Debtor Rights, 2009, 2010
  • Southwest Super Lawyers - Top 50 in Arizona; 2013, 2015 Top 25 Female Attorney - Bankruptcy and Creditor-Debtor Rights, 2007-2016
  • Martindale-Hubbell - "AV/Preeminent Attorney" Rating
  • John P. Frank Advocate for Justice Award - Commitment to pro bono service
  • Benchmark Litigation - 2014, 2017, 2018 "Local Litigation Star" in Arizona and 2012 "Top 250 Women in Litigation", 2012, 2014, 2016-2018
  • Lawdragon - Top 3000 in the United States, 2010
  • AZ Business Magazine - Top 100 Lawyers - Bankruptcy, 2010, 2016
  • New York University School of Law - Root-Tilden Scholar
  • Mount Holyoke College - Sarah Williston Scholar - Mount Holyoke College Achievement Award , 2017

Other Info

Education

J.D., New York University School of Law, 1975
B.A., Mount Holyoke College, 1972
Study Abroad, University of Edinburgh, Edinburgh, Scotland, 1970-1971

Bar Admissions

Arizona, 1975

Court Admissions

U.S. Supreme Court
Arizona Supreme Court
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Second Circuit
U.S. District Court, Colorado