Carolyn J. Johnsen
Member
P: 602.262.5906
F: 602.495.2696
L: Phoenix
Bar Admission
- Arizona, 1988
- Texas, 1980
Court Admission
- U.S. District Court, District of Arizona, 1988
- U.S. District Court, Northern District of Texas, 1980
- U.S. Court of Appeals, Ninth Circuit, 1988
- U.S. Supreme Court, 1998
- Banktuptcy Appellate Panel, Ninth Circuit
Award(s)
Ms. Johnsen is Chair of the firm's Business Restructuring & Reorganization Section. As a commercial, bankruptcy, and restructuring attorney, litigator and appellate attorney, Ms. Johnsen has extensive experience in every aspect of commercial reorganizations, representing both debtors and creditors. She has been solely responsible for confirming multiple and complex plans of reorganization for clients in the real estate, manufacturing, refining, and hotel industries.
Ms. Johnsen has been lead counsel for numerous unsecured creditor committees in significant Chapter 11 proceedings. Most recently, she has served as Chief Bankruptcy Counsel in the Mortgages Ltd. bankruptcy, one of the largest Chapter 11 bankruptcies ever to be filed in the State of Arizona with incredible complexities, including a nearly $1 billion loan portfolio. Other clients have included large publicly-held software and health care companies. She has several published decisions and has been a frequent speaker at state and national bankruptcy seminars.
Ms. Johnsen has wide-ranging litigation experience, particularly in lift-stay, plan confirmation and injunction matters, as well as contract and real estate issues.
Her appellate experience includes numerous arguments before the Ninth Circuit Court of Appeals and Ninth Circuit Bankruptcy Panel. Two cases addressed issues of national importance in bankruptcy law and one was appealed to the United States Supreme Court.
Ms. Johnsen has been involved in multiple cases in which an opinion was published:
- In re Oklahoma PAC, 122 B.R. 387 (Bankr. Ariz. 1990)
- In re Circle K Corp., 190 B.R. 370 (9th Cir. BAP 1996)
- In re Garlikov, 992 F.2d 224 (9th Cir. 1994)
- In re Thunderbird Inn, 151 B.R. 224 (Bankr. Ariz. 1993)
- In re Circle K Corp., 127 F.3d 904 (9th Cir. 1997)
- In re Bryant Universal Roofing, Inc. 218 B.R. 948 (Bankr. Ariz. 1998)
- In re Arden Properties, 248 B.R. 164 (Bankr. Ariz. 2000)
- 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
Education
- J.D., Texas Tech University School of Law, 1980
- B.S., Texas A&M University, Wildlife and Fisheries Science, 1977
Representative Engagements
- Successful confirmation of over 35 plans of reorganization, including hotel and shopping center properties, major manufacturers and an oil refinery
- Represented senior noteholders for a multi-million dollar liquidation of health care company
- Special Counsel for a multi-million dollar public company Chapter 11
- Served as Lead Debtor's Counsel for a company with a $1 billion loan portfolio
- Represented publicly-held utility company, national franchisors and publicly-held software company as creditors in Chapter 11 cases
- Represented Unsecured Creditors Committees in numerous multi-million dollar Chapter 11 cases in District of Arizona including: In re Souper Salad; In re Picturesque; In re All State Gas; In re Einstein/Noah Bagel; In re International Fibercom, In re Hi-Rise Recycling; In re Phoenix Memorial Hospital; In re Aerotec International; In re Arizona Fast Foods; In re Triumph Corp
Professional Affiliations
- Litigation Counsel of America
Fellow, 2007-present
- Committee on CARE (credit & financial education for high school students)
Chair, 2006 to present
- Arizona Campaign for Women Lawyers Tribute to Sandra Day O’Connor
Co-Chair, 2006 to present
- American Academy of Trial Counsel
Founding Advisory Board member, 2006 to present
- Committee of 100, ASU Law School
Executive Committee, 2006 to present
- Bankruptcy Court-approved Mediator
Mediator, 2005 to present
- Committee on Bankruptcy Self-Help Assistance
Court-appointed member, 2005 to 2006
- Ninth Circuit Judicial Conference
Court-appointed Lawyer Representative, 2003 to 2005
- Bankruptcy Appellate Panel Rules Committee
Court-appointed member, 2001
- Turnaround Management Association
Member, 1998 to present
Former Director, 1999
- American Bankruptcy Institute
Member, 1992-present
Presentations
Panel Moderator “Bankruptcy Mediation: Why It Works and When to Use It,” State Bar of Arizona Bankruptcy Section (May 2008)
Moderator “Arizona Real Estate 2008: A Perfect Storm of Financial Disaster - Finding Your Life Vest or Raft and Learning to Ride the Waves,” Turnaround Management Association, Arizona Chapter Meeting (November 2007)
Presenter, “The War of the Worlds, Bankruptcy Versus . . .,” American Bar Association Forum on Franchising (October 2005)
Presenter, “Bankruptcy Ethics,” State Bar Convention (annual presentation June 2002-2006)
Presenter, “The ‘B’ Word is Still Not So Bad!" Golf & Resort Development (August 2004, 2005)
Presenter, “Bankruptcy Abuse and Consumer Protection Act,” State Bar Seminar (September 2005)
Presenter, “Bankruptcy Litigation & Practice,” PESI Continuing Education (annual 1992-2006)
Presenter, “Trustees,” Conference of Chief Bankruptcy Judges (December 2004)
Presenter, “Bankruptcy,” Federal District Court Conference (annual 2002-2005)
Presenter, “Bankrupt Franchisors and Franchisees,” American Bar Association Forum on Franchising (October 2002)
Presenter, “No More Groucho Noses,” State Bar Business Section (January 2002)
Presenter, “Loan Workout and Collateral Liquidation in Arizona,” Lorman Educational Services (February 2001)
Presenter, “Advanced Current Topics in Real Estate & Bankruptcy,” State Bar Real Estate Section, State Bar Bankruptcy Symposium State Bar Professionalism Course
Community Activities
- Central Phoenix Women, Member, 2006-2007
- Valley Commerce Bank, Founding Director, 1995-2005, Executive Committee, 1998-2005
- National Association of Women Business Owners, Former Financial Director, Scholarship Chair, 1997-2001
- Arizona Women’s Council, Former Co-Chair, 1999-2001
- Arthritis Foundation Wine Classic, Former Chair, 2001
Honors, Appointments and Awards
- AV Rating®, Martindale-Hubbell
Included in The Best Lawyers in America® 2008-2010, published by Woodward/White, Inc. in the category of Bankruptcy and Creditor-Debtor Rights Law.
Top 5 finalist for Arizona Woman Magazine's 2009 Arizona Woman of the Year Award
Top 50 Lawyers in Arizona, Southwest Super Lawyers, Law & Politics Magazine, 2007, 2008, 2009
AB Top Lawyer, Bankruptcy, Arizona Business Magazine, 2008, 2009
- Fellow, Litigation Counsel of America
Finalist for Arizona Woman Magazine's 2008 Golden Heart of Business Award
- Outstanding Achievement Award, Sandra Day O'Connor College of Law, 2007
Top 10 Leading Lawyers, The Phoenix Business Journal, 2006
Best of the Bar, The Business Journal, 2003, 2004, 2005
- Pioneer of the Year Award, National Association of Women Business Owners, 1997-1998
- Top Ten Women in Arizona Business, 1997-1998
- Honorary Squadron Commander, Luke Air Force Base