ROBERT J. BERENS
Robert J. Berens is the managing partner of the firm’s Arizona office. Mr. Berens is a trusted and experienced surety, bankruptcy, construction and commercial litigation attorney who is admitted to practice in Arizona, Nevada, California and Colorado.
Mr. Berens specializes in handling major construction project defaults and guiding his clients through the myriad of complex legal and practical issues encountered in these default scenarios. Mr. Berens has significant trial experience in a variety of forums and even more 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. He is also a Vice Chair of the ABA Fidelity and Surety Law Committee and a frequent speaker and author.
- University of San Diego (J.D., 1988)
- Arizona State University (M.B.A., Finance, 1985)
- University of Arizona (B.A., 1983)
Bar Admissions and Certifications:
- State Bar of Arizona
- State Bar of Nevada
- State Bar of California
- State Bar of Colorado
- Bankruptcy Courts for Arizona, California, Nevada, Colorado, New Mexico, Texas and Florida
- U.S. District Court for Arizona, California, Nevada, Colorado and New Mexico.
- U.S. Court of Appeals, 9th Circuit, 10th 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 AND PRESENTATIONS:
- Bankruptcy Issues that a Surety Should Consider, Both Prepetition and Post-Petition (author), continuing education for surety claims departments, 2014
- 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