Brian N. Spector

Brian N. Spector Member

P: 602.262.5977
F: 602.495.2654
L: Phoenix

Mr. Spector is a business lawyer and litigator whose practice focuses on debt resolution, bankruptcy litigation and collection matters, including receiverships, foreclosures, fraudulent transfer litigation, provisional remedies, guaranty claims, and other actions involving the collection of secured and unsecured debt.

In the bankruptcy context, Mr. Spector has represented secured creditors, individual and business debtors, asset purchasers, landlords, and franchisors; and he also has served as a Chapter 11 trustee and lead counsel for numerous unsecured creditors committees. Mr. Spector is a past Chair of the State Bar Bankruptcy Section and the firm's Business Restructuring and Reorganization Section.

Representative Engagements

  • Lead Counsel for Unsecured Creditors’ Committees in six Chapter 11 cases, including In re TFS Electronic Manufacturing Services, Inc., In re Jake’s Granite Supplies, LLC, In re Townsend Construction, Inc., In re Symphony Builders LLC, et al., and In re Arizona Industrial Catering, Inc.
  • Representation of Chapter 11 debtors, including:
    - Confirmation of Chapter 11 plan on behalf of individual debtors resolving more than $17 million in deficiency, guaranty, and other liabilities
    - Confirmation Chapter 11 plan helping individual debtors retain and restructure debt on more than ten residential properties
  • Representation of secured creditors in multi-million dollar matters, including:
    - Conducted foreclosures of various condominium projects securing more than $150 million in debt for bank and its successor, including the foreclosure of 44 Monroe, a 500,000-plus square foot, 34-story high-rise that is Arizona's tallest residential structure
    - Helping lender obtain stay relief and foreclose on $21 million condominium project
    - Helping national life insurance company (after filing a creditors’ plan) collect $24 million on a loan secured by an apartment project initially valued at $16 million
    - Helping California lender obtain stay relief and foreclose on $20 million office complex
    - Assisting lenders obtain receivers for numerous apartment, condominium, office, industrial, RV resort and retail properties
  • Representation of purchasers of bankruptcy estate assets, including (as Arizona counsel) $160 million asset purchase in the Einstein Noah Bagels Chapter 11 cases.
  • Representation of landlords, franchisors and other parties to contracting executory.
  • Representation of debtors and creditors in workouts and restructurings, including:
    - Scrap metal company in successful workout with major secured creditor
  • Office tenant in successfully restructuring lease and saving $650,000 over 2.5 years
    - Arizona school district in successful workout with bondholders
  • Prosecution and defense of numerous fraudulent transfer and preference actions, including:
    - Obtaining dismissal of a $300,000 preference claim on behalf of a supplier in Payless Cashways bankruptcy
    - Settling for $15,000 a $577,000 claim on behalf of a supplier in the McCulloch bankruptcy

Articles, Publications and Presentations


Presentations

  • Panelist, “Variations on a Chapter 11 Theme” Sponsored by the State Bar of Arizona, (June 2011)

  • Faculty member, “Bankruptcy Law for Corporate Counsel” seminar, sponsored by Maricopa County Bar Association (November 1992)
  • Faculty member, “Arizona Collections Practice,” Arizona State University College of Law, sponsored by Arizona Center for Legal Education (May 1991)
  • Speaker, “Bankruptcy and Pre-Bankruptcy Planning for Trade Creditors,” presented to Organization of Associated Sales People of the Southwest
  • Speaker, “Legal Considerations of a Franchisor in Dealing with an Economically Troubled Franchise,” presented to Arizona Licensor/Franchisor Association

Community Activities

  • Temple Emanuel, Tempe
    President, 1998-2000
    Board of Trustees, 1985-1988, 1989-1991, 1996-2002
    Vice-Chair, Capital Fundraising Campaign, 1989-1990
  • Phoenix Community Alliance, Board of Directors, 1994-1998
  • Arizona Mortgage Bankers Association, Member, 1990-1995
  • Phoenix Children's Theatre, Board of Directors, 1990-1992, Secretary, 1991-1992

Honors, Appointments and Awards

  • AV® PreeminentTM Peer Review Rated

  • Listed, Arizona's Top Business Attorneys, Ranking Arizona (2012)

  • Listed, The Best Lawyers in America® (2005-2012)

  • Listed, Southwest Super Lawyers (2007-2012) in the categories of Bankruptcy & Creditor/Debtor Rights; Business Litigation; Business/Corporate

  • Best Lawyers, Corporate Counsel Magazine, December (2010-2011)

  • AB Top Lawyer, Bankruptcy, Arizona Business Magazine (2009-2011)

  • Top Lawyers, Phoenix Magazine (2006)


Professional Affiliations

  • Maricopa County Superior Court
    Judge Pro Tem , 2005-present
  • State Bar of Arizona
    Bankruptcy Section , Chair , 2003-2004
    Executive Council Member , 2000-2005
    Bankruptcy Advisory Committee Member , 2007-present
  • Arizona Board of Legal Specialization
    Certified Specialist, Bankruptcy Law , 1990-1995
  • Volunteer Lawyers Program
  • American Bar Association
    Business Law Section , Member

Admitted to Practice

  • Arizona, 1985

Court Admission

  • U.S. District Court, District of Arizona, 1985
  • Banktuptcy Appellate Panel, Ninth Circuit
  • U.S. Court of Appeals, Ninth Circuit

Education

  • J.D. , University of Arizona, James E. Rogers College of Law , 1984
    With Honors
    Arizona Law Review, Executive Editor
  • B.A. , Stanford University , Economics/Political Science, 1981