David Wm. Engelman Retired
David Wm. Engelman brings a longstanding commitment to efficient and effective client service developed over 25 years as a solo practitioner and 17 years managing a small firm. He integrates that style with a similar commitment to providing quality legal services to his clients. The success of this approach is evidenced by the retention of clients for over 35 years.
David is an experienced attorney whose practice focused on commercial law. He has engaged in a wide variety of areas over his career, including banking and credit union law, loan and contract drafting, bankruptcy representation for commercial creditors and debtors, loan workouts, and business and agricultural matters. David concentrated his practice areas to business deals, including buying and selling businesses, banking and credit union matters, loan originations, loan workouts, complex business disputes, and commercial bankruptcy matters. David also served as General Counsel to Arizona Federal Credit Union.
Admissions
Arizona State Courts
Arizona Federal District Court
Ninth Circuit Court of Appeals
United States Supreme Court
Education
John Marshall Law School, J.D. with honors, 1975
Antioch College, B.A., 1972
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Agriculture
Banking
Construction
Credit Union
Finance
Hospitality and Lodging
Investments
Real Estate
Transportation
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State Bar of Arizona: Board of Governors
Bankruptcy Section
Former Pro Bono Chairman
Former Chairman of Judicial Relations Committee
Maricopa County Bar Association
American Bar Association
Law Practice Management
American Bankruptcy Institute
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First Southern National Bank v. Sunnyslope Housing Limited Partnership (In re Sunnyslope Housing Limited Partnership), _ F.3d _, (9th Cir. May, 2017)
In re Sunnyslope Housing Limited Partnership, 2012 WL 603573 (B.A.P. 9th Cir. 2012)
In re Bender, 586 F.3d 1159 (9th Cir. 2009)
National Union Fire Ins. Co of Pittsburgh, Pa. v. Greene, 195 Ariz. 105, 985 P.2d 590 (Ariz.App. Div 1, 1999)
Oyakawa v. Gillette, 175 Ariz. 226, 54 P.2d 1212 (Ariz. App. Div. 1, 1993)
Career Highlights
Representation of numerous lenders and borrowers in commercial and agricultural loan origination matters, including drafting and negotiating loan agreements and related commercial finance documents.
Representation of lenders and borrowers in loan workouts, including negotiating and drafting forbearance and modification agreements.
Representation of lenders in commercial foreclosure matters, including handling trustee sales and follow up deficiency actions.
Conversion of federally chartered credit unions to state chartered credit unions.
Representation of a large credit union, handling all its bankruptcy files, loan disputes, regulatory issues, title disputes, and day-to-day general legal matters. Drafted various documents for the credit union, including loan documents and motor vehicle dealer finance agreement.
Representation of various farmers in chapter 11 and chapter 12 bankruptcies, with positive outcomes.
Successfully represented a new homebuilder in the orderly Chapter 11 liquidation of its partially constructed homes.
Represented an owner of an apartment complex in successful business reorganization, permitting the client to sell the complex for a tidy profit.
Representation of a major resort through bankruptcy.
Represented a purchaser in the acquisition of $40 million worth of assets from a bankrupt fiber optic business. This involved the negotiation with over 25 different lessors and contractors to adjust and resolve lease and contract disputes, as well as the negotiation with various mortgagees of real property.
Representation of a creditors’ committee in the Chapter 11 case of a primary school and nursery school holding company, resulting in the successful sale and spin-off of schools as going concerns.
Successful bankruptcy liquidation of medical provider company. Representation of asset purchasers from various bankruptcy estates. Drafting and reviewing numerous commercial loans on behalf of lenders.
Active in various charitable and civic matters in the community for over 40 years
Current member of Volunteer Lawyers Program Advisory Board
Currently supervises Financial Distress Clinic, a monthly clinic offering free legal advice to community
Mentor for new participating lawyers of Volunteer Lawyer Program
Community Service
Seminars
Frequent speaker for CLE programs sponsored by the State Bar of Arizona, Maricopa County Bar Association, and National Business Institute. Topics are related to commercial and consumer bankruptcy and insolvency issues.
Business Law adjunct teacher at Phoenix College: 1990-1995
Financial Debt Clinic adjunct teacher at Summit Law School: 2013
Occasional expert witness in bankruptcy related matters
Recognition