Mann, Berens & Wisner, LLP, Attorneys

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Robert J. Berens

Mann, Berens & Wisner, LLP

3300 N. Central Ave.

Suite 2400

Phoenix, AZ 85012

602-258-6219

Robert J. Berens

PARTNER

Bob Berens is an avid hiker, camper, golfer, skier and chess player. He also enjoys traveling, relaxing at the beach, and dining with friends and family.


PRACTICE AREAS

Bankruptcy

Surety

Construction Litigation

Commercial Litigation


CERTIFICATIONS

Certified Specialist in Business Bankruptcy Law (American Board of Certification)

Certified Specialist in Bankruptcy Law (Arizona Board of Legal Specialization)


EDUCATION

J.D., University of San Diego, 1988

M.B.A. (Finance), Arizona State University, 1985

B.S., University of Arizona, 1983


COURT ADMISSIONS

Nevada, 2005

Colorado, 1992

California, 1989

Arizona, 1988

U.S. District Court in all jurisdictions


MEMBERSHIPS

American Bar Association

  • Fidelity and Surety Committee: Vice Chair

  • Tort Trial and Insurance Practice Section

American Bankruptcy Institute

 

State Bar of Arizona

  • Construction Law Section

  • Bankruptcy Law Section


REPORTED DECISIONS

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


PUBLICATIONS

Can Surety Bonds Be Cancelled or Non-Renewed After the Principal’s Bankruptcy Case Has Been Filed? The Surety and Bankruptcy, American Bar Association Publication (eds. J. Blake Wilcox, Steven H. Rittmaster, Alberta “Ali” L. Adams and Patricia Wager, 2010)

The Surety’s Claim in Bankruptcy, The Surety and Bankruptcy, American Bar Association Publication (eds. J. Blake Wilcox, Steven H. Rittmaster, Alberta “Ali” L. Adams and Patricia Wager, 2010)

Selected Tips for Sureties After the Bankruptcy Case Has Begun, presented to The Pearlman, 2008

Deciding to Litigate: Representing the Surety in a Complex Bankruptcy Case (co-author), American Bar Association Publication (eds. Philip L. Burner and Tracey L. Haley, 2007)

Bankruptcy: From the Insurer's Point of View (co-author), American Bar Association Publication (ed. Michael Keeley and Sean Duffy, 2005)

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 Association 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.)

The Surety on Attack in the Principal's Bankruptcy (co-author), presented to the ABA Tort Trial and Insurance Practice Section, 1992


BIRTHPLACE

Scarsdale, New York

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3300 N. Central Ave., Suite 2400 | Phoenix, AZ 85012 | 602-258-6200

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