Real Estate and Construction Law
The members of the firm have extensive experience representing clients in real estate and transactional matters, including developers, and contractors in the negotiation and drafting of development agreements and construction contracts, buyers and sellers in the purchase, sale and financing of real property and structuring and preparing leases, options and build-outs on behalf of landlords and tenants.
Our firm’s real estate services include the development, construction, purchase, sale, financing, and leasing of real property. Our real estate clients have included developers, contractors, co-owners, buyers, sellers, landlords and tenants.
Transactional, Business Planning & Corporate Law
The firm advises closely held businesses and their owners with respect to entity structure and formation, operational, and transactional issues, including shareholder and limited liability company operating agreements, asset and stock purchase and sale transactions, due diligence, financing, and ownership/buy-out disputes.
Complex Commercial Litigation
The attorneys of Witthoft Derksen practice in state and federal courts, and participate in arbitrations and mediations in various types of business disputes. Our experience includes pre-litigation counseling, trial and appellate representation involving breach of contract, fraud, misrepresentation, professional negligence, commercial torts, employment, and fraudulent conveyances claims, as well as judgment collection.
Real Estate Litigation
Witthoft Derksen’s attorneys represent clients with respect to various agreements related to real estate transactions. Among other things, our attorneys have experience in resolving disputes pertaining to appraisals, construction, eminent domain and condemnation, foreclosure, homeowners’ associations, leases, nuisance, property management, purchase agreements, quiet title, and receiverships.
State and Federal Appeals
Witthoft Derksen represents its clients’ interests from evaluating the merits of a potential appeal, to briefing and arguing an appellate matter. Our attorneys have experience in appeals before the Arizona Court of Appeals, the Arizona Supreme Court, and the Bankruptcy Appellate Panel.
Bankruptcy Trustee Representation
The attorneys of Witthoft Derksen represent chapter 7 and chapter 11 trustees in all aspects of case administration and litigation. The firm’s representation of trustees includes exemption analysis, claim objections, turnover of assets, sales, avoidance actions and discharge litigation.
The attorneys of Witthoft Derksen represent their clients in a broad array of bankruptcy litigation matters including:
- Preference litigation
- Fraudulent conveyance actions
- Stay relief litigation
- Dischargeability litigation
- Claim disputes
- Lien avoidance and priority disputes
The firm has substantial experience representing secured and unsecured creditors in bankruptcy proceedings, foreclosures and out-of-court workouts.
The attorneys of Witthoft Derksen have substantial experience representing individuals, business and financial institutions in commercial bankruptcy matters, including:
- Cash collateral, preservation of secured interests and stay relief litigation
- Purchases and sales of assets from bankruptcy estates
- Debtor-in-possession financing
- Plan confirmation challenges (negotiating, objecting to and seeking confirmation of plans of reorganization)
- Landlord/tenant issues
Mr. Witthoft and Mr. Derksen have been involved in the following published cases:
SVP Financial Services Partners LLLP, 588 B.R. 528 (D. Ariz. 2018)
Starky v. Birdsell (In re Starky), 522 B.R. 220 (B.A.P. 9th Cir. 2014)
FR 160 LLC v. Flagstaff Ranch Golf Club, No. CV-13-08180-PCT-GMS, 2013 U.S. Dist. LEXIS 120200 (D. Ariz. Aug. 23, 2013)
Birdsell v. MGF Funding, Inc. (In re New Castle Inv., LLC), Nos. 09-bk-01329, 10-ap-02327, 2012 Bankr. LEXIS 639 (U.S. Bankr. D. Ariz. Feb. 21, 2012)
Funk v. G.W. Custom Homes, LLC (In re Funk), No. AZ-10-1187-MkPaJu, 2011 Bankr. LEXIS 2061 (U.S. B.A.P. 9th Cir. May 11, 2011)
Birdsell v. Schneider, No. CV-11-0484-PHX-FJM, 2011 U.S. Dist. LEXIS 45949 (D. Ariz. Apr. 21, 2011)
Sanders v. Progressive Cas. Ins. Co. (In re Sanders), 417 B.R. 596 (D. Ariz. 2009)
BCI Bebout Concrete, Inc. v. Turner-Dunn Homes, Inc. (In re Turner-Dunn Homes, Inc.), 2008 Bankr. LEXIS 4321 (Bankr. D. Ariz. Sept. 30, 2008)
BCI Bebout Concrete, Inc. v. Turner-Dunn Homes, Inc. (In re Turner-Dunn Homes, Inc.), Nos. 4-06-bk-00961-JMM, 4-06-bk-00962-JMM, 4-06-bk-00963-JMM, 4-06-bk-00964-JMM, 4-06-bk-00965-JMM), 4-06-ap-00106-JMM, 2008 Bankr. LEXIS 4321 (U.S. Bankr. D. Ariz. Sep. 30, 2008)
In re Prods. Int’l Co., 395 B.R. 101 (Bankr. D. Ariz. 2008)
Sanders v. Progressive Cas. Ins. Co. (In re Sanders), No. OR-07-1272-JKMo, 2007 Bankr. LEXIS 4269 (U.S. B.A.P. 9th Cir. Dec. 13, 2007)
In re Turner-Dunn Homes, Inc., Nos. 4-06-bk-00961-JMM, 4-06-bk-00962-JMM, 4-06-bk-00963-JMM, 4-06-bk-00964-JMM, 4-06-bk-00965-JMM), 2007 Bankr. LEXIS 3828 (U.S. Bankr. D. Ariz. Nov. 1, 2007)
BCI Bebout Concrete, Inc. v. Turner-Dunn Homes, Inc. (In re Turner-Dunn Homes, Inc.), Nos. 4-06-bk-00961-JMM, 4-06-bk-00962-JMM, 4-06-bk-00963-JMM, 4-06-bk-00964-JMM, 4-06-bk-00965-JMM), 4-06-ap-00106-JMM, 2007 Bankr. LEXIS 3067 (U.S. Bankr. D. Ariz. Sep. 4, 2007)
BCI Bebout Concrete, Inc. v. Turner-Dunn Homes, Inc. (In re Turner-Dunn Homes, Inc.), Nos. 4-06-bk-00961-JMM , 4-06-bk-00962-JMM, 4-06-bk-00963-JMM, 4-06-bk-00964-JMM, 4-06-bk-00965-JMM), 4-06-ap-00106-JMM, 2007 Bankr. LEXIS 1860 (U.S. Bankr. D. Ariz. May 16, 2007)
In re Renteria, No. 4-02-01943-EWH, 2007 Bankr. LEXIS 252 (U.S. Bankr. D. Ariz. Jan. 24, 2007)
Collins v. Kohlberg & Co. (In re Sw. Supermarkets, LLC), 376 B.R. 281 (Bankr. D. Ariz. 2007)
In re Ashraf, 367 B.R. 151 (Bankr. D. Ariz. 2007)
Ariz. Bd. of Regents v. Dillard’s Inc., No. CV 03-1196-PHX-PGR, 2006 U.S. Dist. LEXIS 20233 (D. Ariz. Apr. 14, 2006)
In re Ball, No. 03-14674-GBN, 2006 Bankr. LEXIS 1437 (U.S. Bankr. D. Ariz. Apr. 5, 2006)