Craig Solomon Ganz

Partner

ganzc@ballardspahr.com
Tel 602.798.5427
Fax 602.798.5595
Phoenix

Although located in the Phoenix office, Craig's practice spans throughout the United States and its territories. Craig serves as Co-Leader of the Non-Bank Lending Team in the firm's Banking and Financial Services Industry Group and is focused primarily in the areas of real property, restaurant/hospitality, and finance/banking law. His experience also encompasses significant trial work on both the state and federal levels.

As it relates to Craig's real estate and finance practice, he frequently counsels clients on strategies ranging from asset acquisition and dispositions, to leveraged transactions on both the buy and sell side. Craig assists deal makers navigate both the distressed and organic markets to find and engineer creative solutions – resulting in accretive transactions for the client. Craig frequently consults with private equity groups and REITs to establish internal and external strategies in order to implement a formal protocol to manage the transactional-side acquisition and disposition processes of the client.

On the litigation front, Craig defends and prosecutes actions on behalf of corporate clients, including hotels, REITs, private equity groups, commercial real estate entities, along with balance-sheet and non-traditional lenders, and borrowers. These litigation matters typically involve distressed assets, lender liability claims, fraud actions, securities law violations, RICO actions, enforcement of real estate leases, broker commissions, enforcement of real property purchase agreements, enforcement of commercial contract guarantees, deficiency actions, loan default actions, garnishments, judgment enforcement proceedings, and fraudulent transfer actions.

In his reorganization practice, Craig guides clients in prominent retail bankruptcy proceedings. Craig also represents corporate creditors and debtors, advising clients on debtor financing issues, asset purchases through 363 Sales, avoidance and preference actions, stay proceedings, and claim analysis. He actively manages the national bankruptcy portfolios of several publicly traded clients and conducts in-house training for finance departments in order to eliminate or reduce insolvency risk. Craig regularly represents creditors’ committees and counsels clients on receivership-related issues.

Representative Matters

  • Numerous representations of REITs in large Delaware based 363 Sales and counseling through the bid/auction process
  • Representation of publicly traded hardware, software, and IT solutions company in bankruptcy avoidance actions, critical vendor requests, and creditor committee representation
  • Representation of creditor hospitality group in 363 Sale of substantially all of the debtor's assets
  • Representation of publicly traded retail chain in 363 Sale of leases by landlord-debtor and related avoidance action
  • Representation of a creditors' committee in a $32 million Ponzi scheme perpetrated against investors domiciled in the United Kingdom, resulting in plan confirmation and appointment of a liquidating trustee
  • Representation of investors domiciled in the United Kingdom and prosecuted securities fraud and RICO action claims effectuated through private placement memorandums and subscription agreements
  • Representation of the world's largest hotel chain in matters including multidistrict antitrust litigation, creditor rights, commercial litigation, and bankruptcy
  • Representation of various publicly traded triple net REITs in various bankruptcy and commercial real estate disputes, including bankruptcy assets purchases, breach of mortgage agreements, loan agreements, and commercial guarantees

Professional Activities

American Bankruptcy Institute

Maricopa County Bar Association

International Council of Shopping Centers (ICSC)

National Association of Real Estate Investment Trusts (NAREIT)

NAIOP Commercial Real Estate Development Association

Guest lecturer at Arizona State University, Sandra Day O’Connor College of Law, on topics ranging from avoidance and preference actions to ethical issues relating to the bankruptcy practice

Judge Pro Tem, Maricopa County Superior Court

Recognition & Accomplishments

The Legal 500 US, Real Estate–Real estate investment trusts (REITs), 2018, 2019

The Best Lawyers in America, Real Estate Law, 2017-2019

Named "Rising Star—Arizona" by IFLR 1000 for restructuring and insolvency, 2018

Named a Southwest Super Lawyer, Business Litigation, Super Lawyers magazine: 2015-2019

Named as a Southwest Super Lawyers "Rising Star," Business Litigation, Super Lawyers magazine, 2012-2014

Publications

Co-author, "Ninth Circuit Allows Leases To be Stripped in Section 363 Sale," Ballard Spahr alert, July 18, 2017 

Co-author, "Ninth Circuit Finds that 1111(b) Deemed-Recourse Rights Do Not Survive Foreclosure of Underlying Property," The Bankruptcy Strategist, July 2017 

Co-author, "Landlords, Beware! When Does the § 502(b)(6) Calculation Start?" American Bankruptcy Institute Journal, August 2016

Co-author, "Beware of Fed. R. Bankr. P. 7008: Seeking Attorneys’ Fees in Adversary Proceedings," American Bankruptcy Institute Journal, March 2013

Speaking Engagements

Guest, "Retail Market Update, Trends, and Strategies," America's Commercial Real Estate Show podcast, May 1, 2019

"Cutting-Edge Issues in Avoidance Actions," American Bankruptcy Institute's Southwest Bankruptcy Conference, Las Vegas, NV, September 7, 2018

"Finding the Remedy for Retail," Turnaround Management Association and Land Economics Society, February 2018 

"Protecting Your Company Against Customer & Vendor Bankruptcy," Association of Corporate Counsel (ACC), Arizona Chapter, October 2017 

"Ethics & Bankruptcy: A Lesson in Professionalism," Arizona State University, Sandra Day O'Connor College of Law, April 2017 

"Ethical Issues in Bankruptcy," Arizona State University, Sandra Day O'Connor College of Law, April 2016 

"Tips for Developing Business as a Young Lawyer," American Bar Association / Young Lawyer Leadership Program Roundtable, July 2015

"Ethics & Bankruptcy," Arizona State University, Sandra Day O'Connor College of Law, April 2015

"Secured Transactions: Issues Surrounding Enforcement of Security Interests," Arizona State University, Sandra Day O'Connor College of Law, April 2015

"The Automatic Stay," Arizona State University, Sandra Day O'Connor College of Law, January 2015

"Protecting Your Business from the Bankruptcy of Your Vendors, Customers or Other Third Parties," Association of Corporate Counsel, November 2014

Roundtable Leader, "My Landlord/Tenant Filed for Bankruptcy – Now What?" International Council of Shopping Centers, 44th Annual ICSC Law Conference, October 2014

"Ethical Issues in Bankruptcy," Arizona State University, Sandra Day O'Connor College of Law, April 2014

"Fraudulent Conveyance and Avoidance Actions in the Bankruptcy World," Arizona State University, Sandra Day O'Connor College of Law, February 2014

Board Memberships

Arizona Foundation for Legal Services, Governmental Relations Committee, past Board Member (2005-2007)

Southwestern Law School (J.D. 2001)
Trial Advocacy Honors Program

University of Arizona (B.A. 1997)

Arizona

California

U.S. District Court for the District of Arizona

U.S. District Court for the Central District of California

U.S. District Court for the Eastern District of California

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Central District of Illinois

U.S. District Court for the Northern District of Texas

U.S. District Court for the District of Nebraska

U.S. Bankruptcy Court for the District of Arizona

U.S. Bankruptcy Court for the Central District of California

U.S. Bankruptcy Court for the Eastern District of California

U.S. Bankruptcy Court for the Northern District of California

U.S. Bankruptcy Court for the Northern District of Texas

U.S. Bankruptcy Court for the Northern District of Illinois

U.S. Bankruptcy Court for the District of Nebraska