Brian N. Spector
Member
P: 602.262.5977
F: 602.495.2654
L: Phoenix
Bar Admission
Court Admission
- U.S. District Court, District of Arizona, 1985
- Banktuptcy Appellate Panel, Ninth Circuit
- U.S. Court of Appeals, Ninth Circuit
Award(s)
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, 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.
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
Representative Engagements
Representation of Unsecured Creditors’ Committees in 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 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 executory contracts.
Representation of secured creditors in multi-million dollar matters, including:
- 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 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
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
Presentations
- 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
- Past Presenter, Arizona State Bar Convention (Bankruptcy Section) and Arizona Trustee’s 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 Rating®, Martindale-Hubbell
Included in The Best Lawyers in America® 2005-2010, published by Woodward/White, Inc. in the category of Bankruptcy and Creditor-Debtor Rights Law
Southwest Super Lawyers, Bankruptcy & Creditor/Debtor Rights, Law & Politics Magazine, 2007, 2008, 2009
AB Top Lawyer, Bankruptcy, Arizona Business Magazine, 2009
- Listed in “Top Lawyers,” November 2006 issue of Phoenix Magazine
