Carolyn J. Johnsen
Member
P. 602.262.5906
Contact the Chair
Practice Areas
Jennings Strouss Attorneys at Law
Bankruptcy, Reorganization & Creditors' Rights Law
Jennings Strouss Business Restructuring & Reorganization attorneys pride themselves on their creativity, coupled with a pragmatic approach to the resolution of bankruptcy and creditor-debtor problems. In fact, Jennings Strouss ranked #1 in Phoenix, Arizona in the field of Bankruptcy and Creditor-Debtor Rights Law by The Best Lawyers in America®, 2010.
The expertise of Jennings Strouss encompasses a full range of representation in every aspect of commercial restructuring and reorganization. The core section of attorneys brings together years of experience in debtor/creditor matters. Combined with the depth of the firm's corporate lawyers, securities & real estate attorneys, intellectual property lawyers and health care practices, Jennings Strouss has the ability to service the need of virtually any client in any type of financially-distressed situation from either the debtor or creditor perspective.
Focusing upon the interests to be advanced or protected, the Business Restructuring and Reorganization Group attorneys identify issues, marshal facts, and research and apply the law strategically in support of the positions advocated by our clients. They seek to identify and maximize the strengths of our client's position and the weaknesses of the adversary's position; and to determine a strategy for effectively presenting those positions to the court and to the opposing counsel and party. Typically, their primary goal is to create the best possible climate for a successful negotiation, or, secondarily, for litigation if a settlement cannot be achieved.
When appropriate, our Business Restructuring and Reorganization Group attorneys interface with and utilize members of other firm practice groups to assemble a team which has the experience and skills requisite to the particular matter. For example, the firm's creditors' rights attorneys may become involved in actions involving the collection of secured and unsecured debt. Uniform Commercial Code and tax counsel may be consulted and, in cases which are litigation intensive and where the economics justify, our Commercial Litigation Department may assist in preparation and trial of particular proceedings.
The attorneys stay abreast of current and cutting-edge developments in bankruptcy law and practice through membership in the American Bankruptcy Institute, periodicals, attendance and participation in bankruptcy seminars, and, in individual cases, by such diverse activities as participation in the State Bar of Arizona's standing committees for review and recommendation of local bankruptcy rules, bankruptcy certification by the State Bar of Arizona, business bankruptcy certification by the American Board of Certification, and attendance at the National Conference of Bankruptcy Judges, American Bankruptcy Institute conferences, and other national meetings of bankruptcy judges and practitioners.
Appellate and Published Decisions
Our attorneys have represented clients in appeals in the United States Supreme Court, the Ninth Circuit Court of Appeals, the Bankruptcy Appellate Panel for the Ninth Circuit, and the District Court for the District of Arizona.
Appellate Decisions
- Represented landlord in case of first impression regarding issue on the debtor’s ability to
assume a real property lease. In re Circle K Corp., 127 F.3d 904 (9th Cir. 1997), petition for Writ of Certiorari to the Supreme Court - Represented debtor in case of first impression regarding the exemption of a debtor’s
pension plan. In re Garlikov, 992 F.2d 224 (9th Cir. 1994) - Represented debtor in case regarding real estate
endeavor. In re Oklahoma PAC Ninth Circuit BAP and Ninth Circuit - Represented debtor in case regarding improper dismissal. In re MJS Holdings, Arizona District Court
- Represented appellee debtor in dispute regarding previous counsel representation. In re R.E.D.I. Co. Ninth Circuit BAP
Published Decisions
- In re Spring Ford Industries, Inc., 2004 WL 1291223 (Bankr. E.D. Pa. 2004)
- In re Cadiz Properties, (Bankr. N.D.Tx. 2002); co-authored petition for writ of certiorari to
United States Supreme Court in In re Circle K Corp. - In re Lundell, 223 F.3d 1035 (9th Cir. 2000)
- In re Arden Properties, 248 B.R. 164 (Bankr. Ariz. 2000)
- In re Bryant Universal Roofing, Inc. 218 B.R. 948 (Bankr. Ariz. 1998)
- In re Circle K Corp., 127 F.3d 904 (9th Cir. 1997)
Asset Purchasers and Investors
Bankruptcies often involve the purchase of assets or the infusion of capital. We have structured numerous acquisitions in bankruptcy cases as well as represented a multitude of clients purchasing assets or stock from bankruptcy estates.
Creditors’ Committees
The firm has extensive experience in representing chapter 11 creditors’ committees, including representation in virtually every major case filed in the District of Arizona in the past six years.
Jennings Strouss attorneys have the ability to assimilate issues quickly and take appropriate action in an expeditious and cost-efficient manner. Many of the tasks a Committee must undertake involve forensic investigation regarding fraud or breach of fiduciary duty on the part of company principals or third parties. We have vast experience in conducting this research and pursue litigation when necessary. We also maintain important contacts with various accounting and turnaround firms which can provide valuable assistance.
Complex Debtor Reorganizations and Workouts
Jennings Strouss attorneys have represented public and private companies, partnerships and individual chapter 11 debtors in significant cases involving sizeable financial services, real estate holdings, regional and national retail chains, health care concerns, manufacturing businesses, and airlines.
Many of the attorneys experienced the tremendous surge in bankruptcy filings in the late 1980's, early 1990's and the mid 2000's. As a result, they have extensive knowledge of debtor representation and can efficiently represent small to medium-sized enterprises and ventures.
Complex Insolvency-Related Litigation
Jennings Strouss lawyers have established themselves on the cutting edge of litigating complex insolvency-related theories brought against third party advisors and officers and directors. Our lawyers have engaged in preference and fraudulent transfer litigation in forums through the country.
Industry Expertise
Jennings Strouss attorneys have a depth of expertise in a multitude of industries whether representing creditors, creditors’ committees, trustees or debtors. This is important because we can focus on issues quickly and take appropriate action in an expeditious and cost-efficient manner. In addition, our attorneys who have practiced in all of these areas and their expertise is invaluable in a work-out situation or a bankruptcy.
Secured Creditors/Major Unsecured Creditors/Lessors/Landlords
As part of its broad business practice, the firm has represented numerous financial institutions major lessors and other creditor entities and individuals on all types of debtor/creditor and bankruptcy-related issues including foreclosures, collections and garnishments, landlord/tenant matters, and leasing issues.
Trustees and Receivers
Our lawyers have represented numerous trustees in bankruptcies and receivers in state court cases.