Representative Matters

• Represented secured lenders in judicial and non-judicial foreclosure and receivership actions, and in all facets of bankruptcy, including cash collateral requests, relief from automatic stay, single-asset real estate cases, sales free and clear of liens and interests, and plan confirmation.
• Represented landlords and equipment lessors in forcible detainer proceedings, replevin actions, actions to collect rent , including remedies under Article 2A, and in bankruptcy matters, including actions to compel performance, assumption and rejection, assignment, adequate assurance of future performance and deemed rejection of leases and executory contracts.
• General representation of creditors in Chapter 11, 13 and 7 cases, including objections to exemptions and discharge, motions to convert or dismiss, preference and other avoidance actions, and preparation of creditor's plans.
• Represented debtors in Chapter 11, 13 and 7 cases, including single-asset real estate cases, and principally responsible for drafting plan in individual Chapter 11 case with assets totaling over $52 million.
• Served as national bankruptcy counsel for public company in matters involving asset purchases in bankruptcy, preference and other avoidance actions, negotiation of post-petition contracts and assumption and rejection proceedings, and lien foreclosure and enforcement matters, and assisted in drafting corporate guidelines  dealing with customers in bankruptcy.
• Represented national retail company in bankruptcy matters, including acquisition of multiple non-residential real property leases in Chapter 11 bankruptcy case, rejection of non-residential property lease by lessor in Chapter 11 bankruptcy case and multiple actions to enforce leases of tenants and subtenants in shopping centers.
• Represented borrower/property owner in receivership action involving golf course and clubhouse at exclusive planned community.
• Represented regional shopping center in proceeding relating to constitutionality of bankruptcy provisions resulting in deemed rejection of ground lease.  (In re Arizona Appetito's Stores, Inc., 893 F.2d 216 (9th Cir.1990)).
• Represented telecommunications company in matter involving applicability of rights afforded utilities under Bankruptcy Code in Chapter 13 cases.  (Steinebach v. Tucson Elec. Power Co.  (In re Steinebach), 303 B.R. 634, 641 (Bankr.D.Ariz.2004)). 
• Represented creditors in proceeding to determine eligibility of debtors for Chapter 13.  (In re Johnson, 191 B.R. 184 (Bankr.D.Ariz.1996)).
• Represented creditor in proceeding involving exempt status of retirement accounts.  (In re Flindall, 105 B.R. 32 (Bankr.D.Ariz.1989)).

Professional Activities

• Board Certified, Business Bankruptcy Law, American Board of Certification.
• Member, American Bankruptcy Institute
• Admitted to practice before the U.S. District Court District of Arizona, Ninth Circuit Bankruptcy Appellate Panel and the U.S. Court of Appeals Ninth Circuit
• Admitted Arizona, 1984
• Admitted Wisconsin(inactive), 1984
• Admitted, U.S. Patent and Trademark Office, 1996
• Professional Engineer, Wisconsin and Illinois (inactive), 1982
• Faculty, Arizona School of Real Estate & Business, 2009
• Volunteer, Animal Rescue Foster Program, Maricopa County Animal Care & Control, 2002-present
• Judge, State and Regional Levels, Arizona High School Mock Trial Program, 2002-present
• Board of Directors and Past President, FACC's - Friends of Animal Care and Control, 2002-2008
• Board of Directors and Past President, Arizona Animal Welfare League, 1998-2002

Publications and Presentations

• Presenter, Individual Chapter 11 Cases, Arizona State Bar Convention, June 2009.
• Presenter, What Every Contractor Intending to Stay in Business Needs to Know about Liens, Home Builders Association of Central Arizona, January 2009
• Presenter, Bankruptcy in Arizona, Lorman Education Services Continuing Legal Education Seminar, May 2004, May 2005, May 2006 and January 2009
• Presenter, Receivers and Real Property Foreclosures, Arizona School of Real Estate & Business, December 2008.
• Presenter, Single Asset Real Estate Bankruptcy Cases, Maricopa County Bar Association, June 2008
• Presenter, Foreclosure and Repossession in Arizona, Lorman Education Services Continuing Legal Education Seminar, March 2008
• Presenter, Understanding the Bankruptcy Reform Act of 2005 in Arizona, Lorman Education Services Continuing Legal Education Seminar, November 2005
• Presenter, Effect of the New Bankruptcy Act on Retirement Plans, Western Pension & Benefits Conference, Phoenix Chapter, September 2005

Education

• Juris Doctor, University of Wisconsin Law School, 1984.
• Masters in Business Administration, University of Akron, 1980.
• Bachelor of Science in Mechanical Engineering, University of Illinois, 1977

Honors and Awards

• Listed in Best Lawyers in America for Bankruptcy and Creditor-Debtor Rights Law

Previous Experience

• Co-founder and former officer, director and shareholder of M-Dot, Inc., an aerospace company based in Phoenix, Arizona, 1989 - 1999