J. Henk Taylor

Taylor_H_LR

Practice Areas

 

 

Case Highlights and Depth of Experience

Mr. Taylor has significant transactional and litigation experience including real estate lending and leasing, personal property lending and leasing, workouts, bankruptcy, and creditors’ rights. Mr. Taylor represents creditors’ committees, trustees, asset-based lenders, contractors, landlords, trade/service suppliers, other secured and unsecured creditors, and asset purchasers in all facets of cases under Chapters 7, 11 and 13. Mr. Taylor also represents secured and unsecured creditors in state court enforcement proceedings including replevins and receiverships. In his transactional practice, Mr Taylor represents and advises purchasers, borrowers, lenders, landlords and tenants in real estate and personal property lending and leasing transactions.

Mr. Taylor’s bankruptcy and creditors’ rights experience includes:

  • Representing senior secured noteholders holding $290 million in debt in the Chapter 11 cases of a large timber products company resulting in confirmation of a consensual plan.
  • Representing the collateral agent for $80 million in secured debt in the out-of-court liquidation of a multi-state construction equipment rental company.
  • Representing an SBA lender in multiple Chapter 11 cases of a multi-state retailer.
  • Defending prior owner of alleged mining property against $20 million fraudulent transfer claim in the Chapter 11 cases of ASARCO, Inc. and its affiliates.
  • Representing commercial landlords in Chapter 11 cases of Kmart, Movie Gallery, Sportsman’s Warehouse, Hancock Fabrics and Mesa Air Group.
  • Debtor’s counsel in Chapter 11 case of liquid waste treatment facility that resulted in the confirmation of a consensual plan of reorganization.
  • Representing the Boston Market plan trustee in successfully defending through an appeal to the Ninth Circuit a $1.5 million administrative claim by former sub-lessee of the debtors.
  • Representing a large investor in a state court receivership of a private commercial lender.
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      In real estate matters, Mr. Taylor has advised and represented purchasers of distressed real estate and loans secured by real estate. Mr. Taylor has also represented both lenders and borrowers in negotiating and documenting commercial real estate loans. In addition to purchase and finance transactions, Mr. Taylor has represented both landlords and tenants (both national and local) in negotiating and documenting retail and office leases.

      Mr. Taylor likewise has substantial experience in personal property lending and leasing. He has negotiated and drafted notes, security agreements and UCC filings for personal property collateral, including control agreements for deposit and securities account collateral, for both lenders and borrowers. He has also assisted lenders in non-judicial foreclosure and collateral liquidation through public and private sales under UCC Article 9, as well as strict foreclosures.

      Prior to joining Ryan Rapp & Underwood, Mr. Taylor was an associate and partner for 19 years in the Phoenix office of Lewis Roca Rothgerber, LLP.

      Professional Experience

      • Associate and Partner, Lewis Roca Rothgerber, LLP (1996-2015)
      • Law Clerk to the Hon. Susan H. Black, United States Court of Appeals for the Eleventh Circuit (1995-1996)
      • Law Clerk to the Hon. Lacey A. Collier, United States District Court for the Northern District of Florida (1993-1995)

      Education

      • J.D., with High Honors, The University of Florida College of Law (1993)
      • A.B., magna cum laude, in Government, Harvard University (1990)

      Distinctions

      • Rated “AV/Preeminent Attorney”.
      • Listed in the 2011- 2015 editions of The Best Lawyers in America, in the categories of Bankruptcy Creditor Debtor Rights, Insolvency & Reorganization Law, and Bankruptcy Litigation.
      • Included in the April 2010 edition of AZ Business’ Top Lawyers, in the category of Bankruptcy.

      Professional and Social Affiliations

      • State Bar of Florida
      • State Bar of Arizona
      • Maricopa County Bar Association
      • Harvard Club of Phoenix (past member, Board of Directors; Schools and Scholarship Committee)
      • Boy Scout Troop 911 (Committee Member)

      Bar Admissions

      • Florida, 1993
      • Arizona, 1995
      • United States District Court for the District of Arizona, 1996
      • United States Court of Appeals for the Ninth Circuit, 1996

      Selected Publications

      • Author, “Structuring Construction Settlements to Avoid Preference Liability,” Journal of the American College of Construction Lawyers, Vol. 9 No. 1.
      • Author, “Case for Efficiency in Deficiency Judgments: Timely Tips for Lenders Holding Arizona Real Estate as Collateral,” Arizona Commercial Real Estate Magazine, June 2013.
      • Author, “Commercial Real Estate Leases in Bankruptcy,” Arizona Buildings, Summer 2010.
      • Co-Author, “When Can a Trustee Claw Back Payments to Creditors?,” Business Law Today, March/April 2010.

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