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Gregory W. Falls

Gregory W.  Falls

201 East Washington Street
Suite 800
Phoenix, AZ 85004

Phone: 602.240.3012
Fax: 602.240.6600
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Areas of Emphasis

Administrative Law and Litigation
Alternative Dispute Resolution
Bankruptcy and Insolvency
Commercial Litigation
Real Estate

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Representative Matters

  • Represented national purchaser of mortgage loans in successful defense of District Court lawsuit challenging the validity of deeds of trust given as security for promissory notes, which had been securitized and sold in the secondary mortgage market.
  • Represented private investor in successful defense of Bankruptcy Court litigation claiming the redemption of the investor's interest in a limited liability company was a fraudulent conveyance or should be voided under principles of statutory and equitable subordination.
  • Represented company in successful defense of Bankruptcy Court litigation claiming fraudulent conveyances and that company was the alter ego of a bankrupt debtor and should be consolidated in bankruptcy with the debtor.
  • Representative matters include acting as litigation counsel for companies, other organizations and individuals who are or may become involved in litigation in state and federal court, private arbitration proceedings and mediation, and bankruptcy proceedings, where such clients are financial institutions and other lenders, borrowers and guarantors involved in real property contracts and other commercial transactions, loans, loan workouts, contract and loan modification negotiations, and related commercial litigation. 
  • Represented hard money lender in defense of lender liability claims in Arizona Superior Court, foreclosure proceedings and negotiated settlement in connection with loans secured by improved subdivided lots.
  • Represented lender in foreclosure proceedings and deficiency action in Arizona Superior Court and negotiated settlement in connection with loans to related entities secured by parcels of unimproved real estate located in Arizona and other states.
  • Represented association in litigation in the Arizona Superior Court, Court of  Appeals, and Supreme Court in connection with laws and contracts providing for tax incentive financing.
  • Represented public company in arbitration proceedings before the American Arbitration Association for the purpose of enforcing a contract to purchase approximately 2,000 acres of improved lots.
  • Represented homebuilder in defense of arbitration class action before the American Arbitration Association arising out of alleged defective construction of homes located in Arizona subdivisions.
  • Represented lender in litigation for exception from discharge in Bankruptcy Court, District Court and United States Court of Appeals.
  • Represented title company as plaintiff in Arizona Superior Court, Court of  Appeals, and Supreme Court in action for racketeering in connection with forged documents presented to lender on property acquisition and development loan.

Professional Activities

  • Admitted Arizona, 1987
  • Admitted to practice before the United States District Court District of Arizona, 1987 and U.S. Court of Appeals for the Ninth Circuit, 1997
  • Member, The Federalist Society for Law and Public Policy Studies
  • Member, State Bar of Arizona, Bankruptcy and Real Property Sections
  • Member, American Bar Association, Business Law and Law Practice Management Sections
  • Member, University of Arizona James E. Rogers Law College Association Board of Directors, 2004-2009
  • Member, Association for Corporate Growth (ACG), Phoenix Chapter
  • Board of Directors, Vice Chair of Training Committee, and Executive Committee Member, Arizona Town Hall
  • Recorder, Arizona Town Hall, October 1995, October 1996 and October 2008
  • Report Chair, Tucson Regional Town Hall, May 2007
  • Report Chair, Arizona Town Hall, October 1997, May 2002 and May 2003

Publications and Presentations

  • Speaker, Residential Construction Business Practices, Del E. Webb School of Construction, Arizona State University, October 2008
  • Speaker, Arizona's Employers Sanctions Law, May 2008
  • Speaker, Lending and Bankruptcy Issues, Continuing Legal Education for the State Bar of Arizona and Maricopa County Bar Association

Education

  • Juris Doctor, with distinction, University of Arizona James E. Rogers College of Law, 1986
    • Member, Arizona Law Review
  • Bachelor of Science in Production-Operations Management, W.P. Carey School of Business, Arizona State University, 1983

Honors and Awards

  • Southwest Super Lawyers, 2008-present
  • Top 50 Pro Bono Attorneys of Arizona Award, Arizona Bar Foundation, 2002
  • Maricopa County Volunteer Lawyers' Program Attorney of the Month, July 2001