Ethan B. Minkin

Ethan B. Minkin is a partner in the Litigation Department and a member of the Bankruptcy, Reorganization and Capital Recovery; Commercial Real Estate Recovery; Real Estate Finance; Transactional Finance; REITs; and Health Care Groups. His practice focuses on bankruptcy matters, loan workouts, receivership actions, and creditors' rights proceedings.

Mr. Minkin advises clients in all facets of bankruptcy proceedings, including cash collateral issues, lift stay proceedings, plan and disclosure statement process, and debtor-possession financing, and has significant experience litigating in both federal and state courts. He also assists with recovery matters, such as breach of contract and breach of guaranty litigation, and replevin and foreclosure proceedings.

Mr. Minkin primarily represents clients in the banking and financial institutions industries. Apart from his bankruptcy and receivership experience, he has counseled clients on securitizations and transactional matters and on health care regulatory, compliance, and reimbursement issues.

Mr. Minkin also served as primary counsel for the behavioral health subsidiaries of a Phoenix-based provider and manager of health care services. As primary counsel, he provided legal support for operations, mergers and acquisitions, litigation, and risk management.

Representative Matters

• Represented a major Wall Street bank that was owed approximately $15 million for a loan related to a strip mall. The case was likely the most litigated in Maricopa County, Arizona, in 2009 for the appointment of a receiver. After very intense discovery and motion process, we prevailed at trial for the appointment of a receiver.
• Represented the senior secured lender in bankruptcy and receivership actions for a hotel in Southern Arizona. The lender is owed approximately $5 million. While the receivership action was pending, the borrower filed for bankruptcy. We prevailed at trial on the use of cash collateral (in bankruptcy court), which caused the hotel to dismiss the bankruptcy matter. Once it was dismissed, we were successful in having the receiver appointed. To date, we've received one judgment against the guarantor, and we are pursuing a judgment against the borrower.
• Representing the buyer of a major condominium project. One tower is 30 stories and the other tower is 22 stories (both are still under construction). We had to navigate through two bankruptcies and myriad state law issues to acquire the project. Both the lender and the borrower filed for bankruptcy prior to the sale process. The purchase price was $30 million.
• Representing the senior secured lender in a bankruptcy, filed in late 2010, whereby the lender lent money for the acquisition of two major resorts. The senior secured lender is owed more than $210 million. Activities have included negotiating a cash collateral stipulation and other stipulations. The case is evolving.
• Represented the stalking-horse bidder in a power plant bankruptcy case. Our client was the successful bidder, and acquired the power plant for approximately $5 million. The matter also included the sale of related assets through a receivership action.

Professional Activities

American Bar Association
State Bar of Arizona
American Bankruptcy Institute

Recognition & Accomplishments

Named as one of "Arizona's Finest Lawyers" for 2011

Named among Top Lawyers in Bankruptcy for 2010 and 2011, AZ Business Magazine

Publications

Co-author, "An Analysis of the Two-Class System of Care in Public and Private Psychiatric Hospitals," Hosp Community Psychiatry, 45: 975-977, 1994

Recent Speaking Engagements

"Bankruptcy Developments for Clubs and Hotels," Colorado Law Institute-CLE International, 15th Annual Conference – Resort Development, Vail, Colo., December 8, 2011

"Tempe Centerpoint Development," 2011 ULI Real Estate Summit at the Spring Council Forum, Urban Development Mixed-Use Council (UDMUC) - GOLD, Urban Land Institute, Phoenix, May 19, 2011

Community Activities

Special Olympics of Arizona
Southwest Autism Research & Resource Center

University of Baltimore School of Law (J.D. 1999, cum laude)
William Donald Schaefer Center Fellow; Recipient, Gregory Doukas Law Scholarship and John and Frances Angelos Scholarship

University of North Carolina at Chapel Hill (M.S. 1994, public health)

Washington University in St. Louis (B.A. 1991)

Arizona

U.S. District Court for the District of Arizona