Robert J. Berens

CONTACT INFORMATION

2001 E. Campbell Avenue
Suite 103
Phoenix, AZ 85016

Work: (602) 258-6219
Mobile: (480) 628-8007
Fax: (949) 537-3822
Email: rberens@smtdlaw.com

Robert J. Berens is the managing partner of the firm’s Arizona office. Mr. Berens is a trusted and experienced bankruptcy, surety, construction, and commercial litigation attorney who is admitted to practice in Arizona, Nevada, California, and Colorado. Mr. Berens has represented many creditors and sureties in large complex Chapter 11 cases throughout the county, including the following recent Chapter 11 cases: Pacific Gas & Electric, OneWeb Global Limited, Neiman Marcus Group Ltd., LLC, and California Pizza Kitchen, Inc.

Mr. Berens specializes in handling all forms of pre-bankruptcy and bankruptcy issues, construction project defaults, and guiding his clients through the myriad of complex legal and practical issues encountered in these scenarios. Mr. Berens has significant trial experience in a variety of forums and as well as significant experience with the prompt and efficient resolution of cases through negotiation and mediation.

Mr. Berens is board-certified in business bankruptcy law by the American Board of Certification and Arizona Board of Legal Specialization.

EDUCATION

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

BAR ADMISSIONS & BANKRUPTCY SPECIALIST

State Bars of Arizona, California, Nevada, and Colorado
U.S. Bankruptcy Courts and District Courts in Arizona, California, Nevada, and Colorado
U.S. Court of Appeals for the Ninth Circuit, Tenth Circuit and Federal Circuit
U.S. Supreme Court
Certified Specialist in Business Bankruptcy Law (American Board of Certification)
Certified Specialist in Bankruptcy Law (Arizona Board of Legal Specialization)

PUBLICATIONS & PRESENTATIONS

Bankruptcy Issues that a Surety Should Consider, Both Prepetition and Post-Petition (author), continuing education for surety claims departments.
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