Scott B. Cohen is a Phoenix based commercial bankruptcy attorney who represents banks, lenders, landlords, guarantors, committees, and other creditors in bankruptcy, creditors’ rights matters, loan workouts, business turnarounds, Chapter 11 reorganizations, receiverships, bankruptcy litigation, and commercial litigation. Scott’s practice includes representing lending institutions in preparing custom loan documents and credit facilities. He assists lender clients in the entire life cycle of a loan from due diligence to enforcing defaults. He regularly appears in U.S. Bankruptcy Court and state court proceedings involving liquidations, Chapter 11 reorganizations, receiverships, and commercial lawsuits. Scott is a leading member of Arizona’s bankruptcy law community, as exemplified by his chairmanship (2011-2012) of the Bankruptcy Section of the State Bar of Arizona. He is a Certified Specialist in Business Bankruptcy Law (American Board of Certification) and also serves as an expert witness in bankruptcy and anti-deficiency matters.
Typical of Scott’s legal engagements are his representation of:
Publicly traded company in the $31,000,000 purchase of industrial real estate in U.S. Bankruptcy Court for the Central District of California in a competitive auction sale pursuant to 11 U.S.C. § 363.
Commercial lender in a New Market Tax Credit facility.
A non-profit homeowners association with almost 2,400 homeowner members in the Chapter 11 reorganization resulting in a confirmed Chapter 11 plan and the resolution of decades of bitter litigation.
Certain private equity in the Chapter 11 bankruptcy of the National Hockey League’s Phoenix Coyotes.
A regional hospital and other out-of-network providers in an involuntary bankruptcy of a third party administrator plan that was wholly owned by another regional hospital, through which Scott worked with his client in the client’s role as chair of the Unsecured Creditors’ Committee to collaborate with debtor’s counsel to confirm a full-payment, Chapter 11 reorganization plan.
A REIT in the Chapter 11 reorganization of a publicly traded private school involving multiple locations and a buyback by the parents.
In addition, Scott has served as:
Counsel to the Arizona Bankers Association.
Subject Matter Expert on Arizona’s anti-deficiency statutes.
Expert witness on Arizona’s foreclosure laws.
An Unsecured Creditors’ Committee in a currency exchange bankruptcy case involving fraud allegations against the debtor and against a large European bank.
Lead bankruptcy trial counsel on the successful reorganization of an operating company with obligations of approximately $40 million.
Lead bankruptcy trial counsel on the successful reorganization of 150 unit affordable housing project, resulting in a confirmed Chapter 11 plan of reorganization with a 40 year straight amortization and a 4.4% interest rate on the secured debt.
Lead bankruptcy trial counsel in six involuntary bankruptcy cases, representing petitioners in some cases and putative debtors in others.
Creditors’ rights counsel for multiple Arizona municipalities in bankruptcy cases in Arizona and California.
An expert witness in bankruptcy malpractice issues.
An expert witness on Arizona’s anti-deficiency statutes.
University of Iowa, J.D. with distinction, 1992 (Iowa Law Review, Articles’ Editor)
University of Iowa, B.A. Political Science, 1989
Arizona and California State and Federal courts
Colorado District Court
(602) 271-9090
2800 North Central Avenue Suite 1200 Phoenix, Arizona 85004
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