Robert J. Berens

Robert J. Berens

Partner
Mann, Berens & Wisner, LLP
Phoenix, Arizona 85012
Phone: (602) 258-6219
Fax: (602) 258-6212
E-mail:

Areas of Practice:

  • Bankruptcy, Certified Specialist
  • Construction Litigation
  • Commercial Litigation
  • Creditors’ Rights
  • Fidelity and Surety

Court Admissions:

  • Arizona, 1988
  • California, 1989
  • Colorado, 1992
  • Nevada, 2006
  • United States District Court, District of Arizona
  • United States District Court, Central District of California
  • United States District Court, Southern District of California
  • United States District Court, District of Colorado

Education:

  • University of San Diego, J.D., 1988
  • Arizona State University, M.B.A. (Finance), 1985
  • University of Arizona, B.S., 1983

Professional Memberships and Activities:

  • American Bar Association
    Tort Trial and Insurance Practice Section
    Fidelity and Surety Law Committee, Vice Chair
    Forum Committee on the Construction Industry
  • American Bankruptcy Institute
    Certified Specialist
    Business Bankruptcy Law
  • State Bar of Arizona
    Bankruptcy Law, Construction Law Sections
  • Maricopa County Bar Association
  • State Bar of California
  • State Bar of Colorado

Reported Decisions:

  • Newbery Corp. v. Fireman’s Fund Ins. Co., 95 F.3d 1392 (9th Cir. 1996) (Construction surety allowed to offset bond losses against bond principal/chapter 11 debtor's multi-million dollar claim for equipment rent)

Presentations:

  • Mr. Berens has lectured to many audiences in conjunction with various publications, some of which are listed below.

Publications:


Mr. Berens has authored and co-authored many articles, including:
  • A Primer on Bankruptcy Principles and Proven Strategies, presented to the ABA's Tort Trial and Insurance Practice Section, Seattle, 2004
  • Surety's Subrogation Rights to Funds Paid by a Non-Owner Obligee; Construction Rights Between Co-Sureties, presented to the Surety Claims Institute, 2003
  • Methods to Limit the Surety's Exposure in Bankruptcy, presented to the Surety Claims Institute, 2000
  • Managing and Litigating the Complex Surety Case, American Bar Publication (ed. Philip L. Bruner, 1998)
  • Bankruptcy: Can a Surety Be Held Liable for the Prepetition Payments Made By Its Principal? Norton Annual Survey of Bankruptcy Law 209 (1995-1996 Ed.)
  • Co-Author: The Surety On Attack In The Principal's Bankruptcy, presented to the ABA Tort Trial and Insurance Practice Section, 1992

Personal Information:

  • Mr. Berens is an avid hiker, golfer, skier and sports enthusiast.


TOP

AREAS OF PRACTICE
AT A GLANCE


Bankruptcy, Creditor Representation and Pre-Petition Workouts



Our bankruptcy attorneys possess a reputation for professional excellence in bankruptcy, receivership, creditor representation and pre-petition workouts. To fully serve the needs of our clients, our main bankruptcy attorney, Robert Berens, is certified as a bankruptcy specialist by the Arizona Bar and the American Bankruptcy Board of Certification. Our attorneys are experienced in major bankruptcy and reorganization filings throughout the Southwest and regularly speak on various aspects of bankruptcy practice.

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