Bankruptcy & Creditors' Rights

Our attorneys have decades of financial reorganization experience representing secured and unsecured creditors, committees, debtors and trustees in formal bankruptcy proceedings, out-of-court workouts, loan restructuring and special situation purchases of distressed assets. We advise all parties in restructuring transactions and can call upon the firm’s full resources in corporate, finance, litigation, regulatory and tax law to handle any complex issues that can arise. Our bankruptcy, litigation and transactional attorneys create and implement practical recovery strategies for secured lenders and other creditors, as well as protecting the interests of other key players, such as debtors and trustees.

Our bankruptcy attorneys are regularly selected by their peers for inclusion in The Best Lawyers in America®, and members of our practice are fellows of the American College of Bankruptcy. Our attorneys have held senior leadership positions in the American College of Bankruptcy Professionals and are frequent speakers before the American Bar Association and the National Conference of Bankruptcy Judges.

Creditors’ Rights

When we represent creditors and creditor committees, we work to make sure that your rights are fully protected throughout the bankruptcy process. We make sure business relationships are preserved and your secured claims are protected or paid promptly. Our attorneys have extensive knowledge of finance documentation, credit policies and financial institution insolvency to ensure the fullest recovery of our clients’ assets.

We help lenders and borrowers resolve loan problems, including defaults, workouts, repossession, foreclosure and receivership. Unsecured creditors, including trade creditors, landlords and lessors, turn to us for advocacy in a bankruptcy or workout. We work with debtors, trustees and secured creditors to maximize realization of assets from reorganization or liquidation with the minimum amount of administrative expense.

If litigation is necessary, we represent creditors in avoidance actions brought by debtors and trustees, including preference and fraudulent transfer claims. If a debtor files for bankruptcy, we advise creditors on developing the best strategy to protect their collateral. When a debtor faces default, we help clients renegotiate loan terms or enforce them to bring about a bankruptcy filing.

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Debtor Representation

Our attorneys consult with financially-troubled companies prior to bankruptcy to restructure and reorganize transactions on behalf of debtors in Chapter 11 cases. We help debtors assess all options based on the company’s unique financial and market circumstances. For debtors considering bankruptcy, we work with them to weigh options and then recommend the best choice between reorganization or the sale of assets.

Bankruptcy Litigation

Litigation can be a necessary part of the bankruptcy process, and our attorneys represents clients in all disputes that come before the bankruptcy courts. Our representation includes creditors, creditors’ committees and trustees in fraudulent conveyance and preference litigation, involving leveraged buyouts, Ponzi schemes, corporate stripping and asset protection. We represent clients before federal and state courts for actions involving breach of contract, receivership, landlord-tenant, commercial loans, lien enforcement, equipment leasing, replevin, judicial foreclosure, guaranty and collection of domestic and foreign judgments.

Once a case is before the bankruptcy court, our focus is on whether a reorganization or liquidation of the debtor is the action best suited to recover the creditor’s investment. Creditors with interests at risk in bankruptcy depend on our help with all issues governed by the Uniform Commercial Code, such as sales, secured transactions, bank deposits and commercial paper. Our attorneys also help these clients with their collection needs, including obtaining pre-judgment and post-judgment remedies.

Construction Litigation

Bankruptcy disputes are often inseparable from controversy over construction projects. Our knowledge of construction collection matters—including contractors’ and mechanics’ liens against industrial product suppliers, and surety bond claims— is unsurpassed, and many of the leading casinos and resorts in Las Vegas rely on us to resolve disputes over construction projects. We represent your interests in controversies that involve bid protests and mistakes, cost disputes, design error, defective installation and contract disputes. These typically involve multiple parties and are highly fact-intensive, and we use our industry knowledge to resolve the problem in ways that minimize expense and time for our clients— often through alternative means such as mediation and arbitration.

Real Estate Development

If your bankruptcy matter involves real estate, key players from throughout the industry—national institutional investors, financial institutions, land developers, commercial unit operators, restaurants and other commercial establishments—depend on our real estate knowledge and experience. We are thoroughly familiar with the process of taking complex deals from negotiation to completion to restructuring, and can handle every facet of real estate deals through the complete lifecycle of the transaction. Clients rely on us to successfully complete all types of real estate projects, from condominiums and apartment complexes to commercial office buildings, residential subdivisions, retail shopping centers and industrial developments. In Las Vegas, our firm brings world-class real estate counsel to world class, multi-billion dollar real estate deals.

Business Transactions

Scott K. Brown
Scott K. Brown
Partner
Phoenix
sbrown@​lrrc.com
602.262.5321 / vCard
Emily Charlesworth
Emily Charlesworth
Partner
Denver
echarlesworth@​lrrc.com
303.628.9516 / vCard
Stephen T. Johnson
Stephen T. Johnson
Partner
Denver
sjohnson@​lrrc.com
303.628.9543 / vCard

Litigation

Robert H. McKirgan
Robert H. McKirgan
Practice Group Leader, Partner
Phoenix
rmckirgan@​lrrc.com
602.262.5396 / vCard
Ogonna M. Brown
Ogonna M. Brown
Partner
Las Vegas
OBrown@​lrrc.com
702.474.2622 / vCard
Scott M. Browning
Scott M. Browning
Partner
Denver
sbrowning@​lrrc.com
303.628.9540 / vCard
Chad S. Caby
Chad S. Caby
Partner
Denver
ccaby@​lrrc.com
303.628.9583 / vCard
Rob Charles
Rob Charles
Partner
Tucson, Las Vegas
rcharles@​lrrc.com
520.629.4427 / vCard
Brent R. Cohen
Brent R. Cohen
Partner
Denver
bcohen@​lrrc.com
303.628.9521 / vCard
Susan M. Freeman
Susan M. Freeman
Partner
Phoenix
sfreeman@​lrrc.com
602.262.5756 / vCard
Justin Henderson
Justin Henderson
Partner
Phoenix
jhenderson@​lrrc.com
602.262.5738 / vCard
Jeffrey L. Sklar
Jeffrey L. Sklar
Partner
Tucson
jsklar@​lrrc.com
520.838.7742 / vCard
Nicholas S. Bauman
Nicholas S. Bauman
Associate
Phoenix
nbauman@​lrrc.com
602.262.5746 / vCard

Business Results

Whether you’re a creditor, trustee or debtor, bankruptcy is ultimately about doing business under difficult circumstances. We realize that the real goal in bankruptcy is not victory – it’s getting paid if you’re a creditor, or staying in business if you’re a debtor. The Bankruptcy Code allows for a wide range of business options, and we pursue the ones that best meet your needs. You can rely on us to develop effective and creative strategies that get the best business result and protect your investment in any bankruptcy or reorganization.

Click below for links to the firm's winning amicus briefs on behalf of distinguished law professors in recent United States Court cases:

Related News

03/27/2018
Arizona Top 100 list includes Charles, Freeman and Van Kirk
Az Business magazine recognizes Lewis Roca Rothgerber Christie attorneys
09/13/2017
ABI Journal features bankruptcy article by Scott Brown
Attorney from Lewis Roca Rothgerber Christie tackles issues for family-owned businesses
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
03/02/2017
Brown speaking on current trends in litigation and bankruptcy law
National conference features presentation by Phoenix attorney
01/03/2017
New partners announced at Lewis Roca Rothgerber Christie
Nicole Gorham, Justin Henderson, Marla Hudgens elected to partnership
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
10/11/2016
Nonprofits can successfully reorganize in bankruptcy notwithstanding unclear laws
Scott K. Brown co-authors contribution to Norton Annual Survey of Bankruptcy Law
09/07/2016
September ABI Journal includes article from Scott K. Brown
Bankruptcy attorney from Lewis Roca Rothgerber Christie writes ‘Don't Hate Me for Being Critical'
08/30/2016
Fuller, Holmstrom, Sklar named to Benchmark Litigation ‘Under 40 Hot List'
New ranking honors achievements of Lewis Roca Rothgerber Christie partners
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
07/29/2016
Brown contributes to book on bankruptcy mediation
Attorney from Lewis Roca Rothgerber Christie shares insights on process
05/02/2016
Charles receives pro bono award for Southern Arizona
Lewis Roca Rothgerber Christie attorney honored for work with Volunteer Lawyers Program
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
8/27/2015
Lewis Roca Rothgerber adds attorney to Business Transactions Group
Emily Charlesworth joins growing general practice firm in Denver

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Primary Services

Banking & Regulatory Compliance

Key Contacts

Susan M. Freeman
Susan M. Freeman
Partner
602.262.5756
Brent R. Cohen
Brent R. Cohen
Partner
303.628.9521
Rob Charles
Rob Charles
Practice Group Leader
520.629.4427