Sacks Tierney P.A.

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Randy Nussbaum

For more than 38 years, Randy Nussbaum has assisted individuals and businesses with complex bankruptcy protection (debtor and creditor), transaction, and litigation matters. He especially enjoys helping his clients achieve their business and financial objectives using innovative legal strategies.

Randy is a Certified Bankruptcy Specialist (Arizona Board of Legal Specialization) and a Certified Business Bankruptcy Specialist (American Board of Certification). His peers have honored him with multiple peer rankings for his professional, civic and charitable achievements. Randy has been named to Super Lawyers’ “Top 50 Arizona” list of attorneys multiple times and has been selected by The Best Lawyers in America® every year since 2010. Best Lawyers also selected Randy as its 2019 “Lawyer of the Year” (Scottsdale) in Bankruptcy and Creditor Debtor Rights.

Randy has represented secured and unsecured creditors, surety companies, creditor committees, lessors, professional athletes, doctors, lawyers, and trustees in Chapter 7, 11, and 13 proceedings, including adversary actions (bankruptcy litigation). The cases have involved such diverse matters as real estate, construction, manufacturing, trucking, asset-based lending, bankruptcy related to divorce, and high-value, complex individual bankruptcies.

Committed to community service, Randy is a 1990 graduate of Scottsdale Leadership. He has volunteered for that organization for more than 28 years, serves on its Advisory Board, and is a recipient of the prestigious Frank W. Hodges Alumni Achievement Award. Randy serves on the advisory boards for the Scottsdale Center for the Performing Arts, Scottsdale Historical Society, and Scottsdale Community College. He served as a Sterling Awards Jurist, Scottsdale Chamber of Commerce, and received the Chamber’s 2017 Volunteer of the Year Award. Recognized for his life-long commitment to community service, in 2018 Randy joined the distinguished roster of honorees inducted into the Scottsdale History Hall of Fame.

PRACTICE AREAS

Bankruptcy

  • Representation of Creditors, Debtors and Trustees in Chapter 7, 11, and 13 Bankruptcy

  • Complex Bankruptcy

  • Creditors’ Rights in Bankruptcy

  • Bankruptcy Litigation

Commercial Litigation

Real Estate Law

CERTIFICATIONS

Certified Specialist, Business Bankruptcy Law, American Board of Certification, 2005

Certified Specialist, Bankruptcy Law, Arizona Board of Legal Specialization, 1997

HONORS & AWARDS

"Lawyer of the Year" (Bankruptcy and Creditor Debtor Rights, Scottsdale), The Best Lawyers in America®, 2019

The Best Lawyers in America®, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation, Construction Law, Bankruptcy Litigation, 2010-present

Super Lawyers: Bankruptcy, 2007-present; “Top 50 Arizona,” 2012, 2013, 2017, 2018

AV Preeminent® Rating, Martindale-Hubbell®, 1997-present

Arizona’s Finest Lawyers, 2009-present

AzBusiness Leaders (Law: Bankruptcy/Reorganization), AZ BIG Media, 2013-2019

“Top Lawyers,” AZ Business Magazine, 2010-present

Scottsdale History Hall of Fame: Inductee, 2018

Scottsdale Area Chamber of Commerce: Volunteer of the Year, Segner Award, 2017

Scottsdale Leadership: Volunteer of the Year, 2015; Frank W. Hodges Alumni Achievement Award, 2012

Scottsdale Bar Association: Award of Excellence, 2011

Arizona State University Law School Alumnus of the Year, 2003

PROFESSIONAL MEMBERSHIPS

American Bankruptcy Institute: Co-Chair, Southwest Bankruptcy Conference, 2013-2018

State Bar of Arizona: Bankruptcy Section, Construction Law Section, Real Property Section

Maricopa County Bar Association

Scottsdale Bar Association

Turnaround Management  Association

PROFESSIONAL EXPERIENCE

Shareholder, Sacks Tierney P.A., Scottsdale, AZ, 2017-present

Founding Shareholder, Nussbaum Gillis & Dinner, P.C., Scottsdale, AZ, 2008-2017

Shareholder, Jaburg & Wilk, P.C., Phoenix, AZ, 1991-2008

Shareholder, Owens, Rybarsyk & Nussbaum, P.C., Scottsdale, AZ, 1984-1991

Sole Practitioner, Scottsdale, AZ, 1980-1984

BAR ADMISSIONS

Arizona, 1980

U.S. District Court, District of Arizona, 1980

U.S. Court of Appeals, Ninth Circuit, 1980

EXPERT WITNESS EXPERIENCE

Testified as an expert witness in Maricopa County Superior Court in the following areas:

  • The applicable standard of care of an attorney handling a Chapter 13 case and what constitutes a failure to meet that standard.

  • The impact of a bankruptcy filing and 11 U.S.C. § 362 on a pending state court foreclosure.

  • The standard used in the Arizona Bankruptcy Court for determining the fair market value of personal property in reorganization cases.

EDUCATION

J.D., Arizona State University, 1980

B.A., cum laude, Arizona State University, 1977

COMMUNITY LEADERSHIP

Scottsdale Area Chamber of Commerce: Board of Directors, Partner Council 100

Scottsdale Community College: President’s Advisory Board, 2017-2018

Scottsdale Center for the Performing Arts: Board of Directors, 2002-present; Chair, 2010-2013; Night Run for the Arts, 2007-2009

Scottsdale Cultural Council: Board of Trustees, 2010-2014; Executive Council, 2011-2014; Development Committee, 2011-present

Scottsdale Leadership: Class of 1990; Board of Directors, 2002-2006; Vice President, 2004-2005; Advisory Board, 2103– present

Scottsdale Historical Society: Board of Directors

City of Scottsdale: Environmental Quality Advisory Board, 1999-2005

Phoenix Theatre: Board of Directors, 1995-2002

BIRTHPLACE

Brooklyn, New York

ARTICLES AND PRESENTATIONS

“How to Handle Challenging Clients and Conflict Issues in Individual Cases,” 26th Annual Southwest Bankruptcy Conference, Las Vegas, September 2018

“Malpractice Pitfalls in Bankruptcy Debtor Representation,” 23rd Annual Rocky Mountain Bankruptcy Conference, Denver, January 2018

“Consumer Case Avoidance Issues,” 23rd Annual Rocky Mountain Bankruptcy Conference, Denver, January 2018

“Hotcakes and Hot Topics: Judges’ Roundtable Q&A” (moderator), 25th Annual Southwest Bankruptcy Conference, American Bankruptcy Institute, Coronado, California, September 2017

“How to Handle Short Sales,” National Business Institute, February 2017

“Arizona Bankruptcy Laws and Obligations,” Lorman Education Services, November 2016

“80% of Success Is Just Showing Up,” 24th Annual Southwest Bankruptcy Conference, American Bankruptcy Institute, Las Vegas, September 2016

“Interplay Between Asset Protection, Estate Planning and Bankruptcy,” 23rd Annual Southwest Bankruptcy Conference, American Bankruptcy Institute, Las Vegas, September 2015

“Interplay Between Bankruptcy and Personal Injury Law,” 23rd Annual Southwest Bankruptcy Conference, American Bankruptcy Institute, Las Vegas, September 2015

“Interplay Between Divorce and Bankruptcy,” 23rd Annual Southwest Bankruptcy Conference, American Bankruptcy Institute, Las Vegas, September 2015

“Interplay Between Property of the Estate, Exemptions and Divorce,” 23rd Annual Southwest Bankruptcy Conference, American Bankruptcy Institute, Las Vegas, September 2015

“Conflicts of Interest in Bankruptcy,” “The Ethics of Pre-Bankruptcy Planning,” “Ethical Issues in Individual Chapter 11” and “Ethical Issues in Withdrawing from Bankruptcy Cases,” State Bar of Arizona, Ethical Pitfalls for Bankruptcy Practitioners, Phoenix, October 2014

“Chapter 13 or an Individual Chapter 11: Which One? The Pros and Cons and Ins and Outs of Each” (panelist), Chapter 13 Annual Bankruptcy Seminar, Everything You Need to Know and More, Sandra Day O’Connor College of Law Alumni Association, Phoenix, September 2014

“Starting off on the Right Foot: Client Intake and Its Practical and Ethical Issues” (panelist), American Bankruptcy Institute, 2014 Southwest Bankruptcy Conference, Las Vegas, September 2014

“Updates in Bankruptcy and Secured Loans,” Arizona Trustee Association, 27th Annual Convention and Education Seminar, Chandler, Arizona, August 2014

“Fraudulent Transfers/Successor Liability” (panelist), American Bankruptcy Institute, 4th Hawaii Bankruptcy Workshop, Maui, Hawaii, August 2014

“Case Law Update” (panelist), American Bankruptcy Institute, 32nd Annual Spring Meeting, Washington, D.C., April 2014

“The Initial Client Interview: Is It More Than Meets the Eye?” and “Determining Which Chapter to File: What Key Questions Will Tell You,” National Business Institute, Consumer Bankruptcy from Start to Finish, Phoenix, April 2014

“A Bankruptcy Practitioner’s View of the Differences Between Bankruptcy and State Court,” Maricopa County Bar Association, Comparing State Court to Bankruptcy Court, Phoenix, February 2014

“The Impact of Bankruptcy on Collections,” National Business Institute, Collection Law from Start to Finish, Phoenix, February 2014

“Bankruptcy and Divorce: A Marriage Not Made in Heaven – Interplay Between Property of the Estate, Exemptions and Divorce,” State Bar of Arizona, 2014 Family Law Institute, Phoenix, January 2014

“Exemptions,” Maricopa County Bar Association, Bankruptcy Law Fundamentals, CLE Luncheon Series, Phoenix, June 2013

“Divorce/Bankruptcy: A Marriage Not Made in Heaven,” State Bar of Arizona, Phoenix, April 2013

“Dischargeability Actions,” National Business Institute, Bankruptcy Litigation 101, Phoenix, April 2013

“Individual Chapter 11: Not Just Chapter 13 on Steroids,” American Bankruptcy Institute, Western Consumer Bankruptcy Conference, Las Vegas, January 2013

“Bankruptcy Issues and Dissolution of Marriage – Anti-Deficiency Statutes and Recent Cases,” State Bar of Arizona, 2013 Family Law Institute, Phoenix, January 2013

“Interplay Between Divorce and Bankruptcy,” American Bankruptcy Institute 20th Annual Southwest Bankruptcy Conference, Las Vegas, September 2012

“Legends of Consumer Bankruptcy,” State Bar of Arizona Convention, Phoenix, June 2012

“Exemption,” Maricopa County Bar Association, Bankruptcy Law Fundamentals, CLE Luncheon Series, Phoenix, June 2012

“Foreclosure and Loan Workout Procedures,” National Business Institute Boot Camp, Phoenix, June 2012

“Developing Case Law and Issues on Exemption,” State Bar of Arizona Convention, Phoenix, June 2011

“Individual Chapter 11 Cases (or Too Much Debt to File Chapter 13,” Sandra Day O’Connor College of Law Alumni Association, Phoenix, May 2011

“Potential Malpractice Pitfalls in Bankruptcy,” American Bankruptcy Institute, 18th Annual Southwest Bankruptcy Conference, Las Vegas, September 2010

“Malpractice Tips and Getting Paid,” Maricopa County Bar Association, Bankruptcy Law 101, Phoenix, June 2010

“Bankruptcy Reform and Its Impact on Debtors, Creditors and the System,” National Business Institute, Collection Law from Start to Finish, Phoenix, May 2010

“General Bankruptcy Appellate Tips,” Maricopa County Bar Association, The Bankruptcy Appeals Process, Phoenix, April 2010

“Current Bankruptcy Opinions, Including the Supreme Court Cases Holding (1) Bankruptcy Lawyers Are Debt Relief Agencies and (2) Allowing Chapter 13 Plan to Discharge a Student Loan,” Arizona Trustee Association, Phoenix, April 2010

“Short Sales, Arizona Mortgage Deficiency Lawsuits, and Unresolved Deficiency Issues,” Scottsdale Bar Association, March 2010

“Short Sales, Arizona Mortgage Deficiency Lawsuits, and Unresolved Deficiency Issues,” Arizona Best Real Estate Seminar, February 2010

“Fundamentals of Chapter 7 and Chapter 13,” Lorman Education Services, Bankruptcy in Arizona, Phoenix, January 2010

“Arizona Mortgage Deficiency Lawsuits and Unresolved Deficiency Issues,” Phoenix Association of Realtors, Scottsdale Area Association of Realtors, West Maricopa Association of Realtors, Southeast Valley Regional Association of Realtors, The Future of Short Sales and the Arizona Economy, November 2009

“What Judges, Clerks and Trustees Want You to Know” (panelist), National Business Institute Trial Practice Judicial Forum, Bankruptcy Forum, Phoenix, October 2009

“Interplay Between Divorce and Bankruptcy and Chapter 13/Divorce,” PESI Arizona Bankruptcy Practice Seminar, Scottsdale, October 2009

“Short Sales,” Arizona Trustee Association, 22nd Annual ATA Convention & Education Seminar, Sedona, September 2009

“Prebankruptcy Planning,” American Bankruptcy Institute, 17th Annual Southwest Bankruptcy Conference, Lake Tahoe, September 2009

“Short Sales,” Debtors’ Counsel Network, Real Estate and Mortgage Workshop, Mesa, Arizona, September 2009

“Bankruptcy Reform and Its Impact on Debtors, Creditors and the System,” Arizona Collectors Association Annual Meeting, Phoenix, September 2009

“Options Available to a Creditor to Obtain Payment from a Contractor Despite the Contractor’s Bankruptcy Filing,” Maricopa County Bar Association, Bankruptcy for Non-Bankruptcy Attorneys, Phoenix, June 2009

“Short Sales,” State Bar of Arizona Convention, Phoenix, June 2009

“Bankruptcy Reform and Its Impact on Debtors, Creditors and the System,” National Business Institute, Collection Law from Start to Finish, Phoenix, May 2009

“Can Individual Debtors Benefit by Filing Chapter 11 Instead of Chapter 13?” The Sandra Day O’Connor College of Law Alumni Association, The Consummate Chapter 13, Phoenix, April 2009

“Fundamentals of Chapter 7 and Chapter 13,” Scottsdale Bar Association, The Down & Dirty Nuts & Bolts of Consumer and Commercial Bankruptcy, Phoenix, March 2009

“Fundamentals of Chapter 7 and Chapter 13,” NACM Healthcare Credit Exchange Group, Overview of Bankruptcy, Phoenix, February 2009

“Fundamentals of Chapter 7 and Chapter 13,” East Valley Bar Association, Bankruptcy for the Non-Bankruptcy Practitioner, Phoenix, February 2009

“Arizona Mortgage Deficiency Lawsuits,” AZ Short Sale Experts, in conjunction with The Real Estate Academy of Learning, Short Sale Issues in Real Estate: An Industry Forum, Phoenix, February 2009

“Fundamentals of Chapter 7 and Chapter 13,” Lorman Education Services, Phoenix, January 2009

“Arizona Mortgage Deficiency Lawsuits and Unresolved Deficiency Issues,” PESI, 20th Annual Bankruptcy Practice Seminar, Scottsdale, October 2008

“Arizona Mortgage Deficiency Lawsuits and Unresolved Deficiency Issues,” Scottsdale McCormick Kiwanis Club, Scottsdale, October 2008

“Execution on Judgment: Ways to Collect,” National Business Institute, Commercial Collections: Legal Strategies from A to Z, Phoenix, September 2008

“Arizona Mortgage Deficiency Lawsuits and Unresolved Deficiency Issues,” Arizona Trustee Association, 21st Annual Convention and Education Seminar, Gold Canyon, September 2008

“When Bankruptcy Beckons, Don’t Forget About the Recovery Fund,” Maricopa County Bar Association, The Interplay of Construction Law and Bankruptcy, Phoenix, March 2008

“Miscellaneous Issues on Foreclosure and Repossession in Arizona,” Lorman Education Services, Foreclosure and Repossession in Arizona, Phoenix, March 2008

“Bankruptcy Reform and Its Impact on Debtors, Creditors and the System,” National Business Institute, Collection Law from Start to Finish, Phoenix, February 2008)

“Automatic Stay Issues and the Impact on Real Estate: What Caused Today’s Mess in Arizona Residential Real Estate?” Arizona Trustee Association, Phoenix, February 2008

“Loan Workouts, Foreclosures, Short Sales and Bankruptcy Issues,” Arizona School of Real Estate & Business, Phoenix, December 2007

“Essential Bankruptcy Issues Impacting Collection Law,” National Business Institute, Collection Law Tips and Strategies, Tempe, Arizona, November 2007

“Pre-Bankruptcy Planning Conundrum,” PESI, Bankruptcy Practice in Arizona, Phoenix, October 2007

“Impact of Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) on Chapter 13,” The Sandra Day O’Connor College of Law Alumni Association, Chapter 13 Bankruptcy, Phoenix, September 2007

“When Bankruptcy Beckons, Don’t Forget About the Recovery Fund,” State Bar of Arizona Construction Law Section, Phoenix, December 2006

“Bankruptcy in Arizona,” Lorman Education Services, Scottsdale, 2006

“Commercial Leasing: Handling Common Client Issues,” National Business Institute, Phoenix, 2006

“Protection and Consumer Protection Act in Arizona,” Lorman Education Services, Phoenix, 2006

“Bankruptcy Litigation and Practice in Arizona,” PESI, Scottsdale, 2005 and 2006

“Collection Techniques and Law in Arizona,” Lorman Education Services, Phoenix, 2005

“Understanding the Bankruptcy Reform Act of 2005 in Arizona,” Lorman Education Services, Phoenix, 2005

“The Meaning of In re McNabb,” PESI, Scottsdale, 2005

“Various Bankruptcy Chapters,” “Pre-Bankruptcy Planning,” “The Impact of Bankruptcy on Foreclosure and Repossession,” “Enforcement of a Foreign Judgment Against Community Property,” “There’s No Place Like Arizona If You are Fleeing a Foreign Judgment,” “Collection Techniques and Law in Arizona,” 2004, 2005

“Major Consumer Bankruptcy Effects of the 2005 Reform Legislation,” Arizona Trustee Association, 2005

“Major Consumer Bankruptcy Effects of the 2005 Reform Legislation,” Metro Phoenix PHCC, 2005

“Disposable Income Issues in Chapter 12, Till v. SCS Credit Corp., 124 S.Ct. 1951
(2004),” The Consummate Chapter 13 Manual, 2004

“When Bankruptcy and Construction Law Cross Paths,” 2004

“Foreclosure & Repossession,” Lorman Education Services, Phoenix, 2004

“Collection Techniques and Law in Arizona,” Lorman Education Services, Phoenix, 2004

In Re Baird a Non-Dischargeability Issue for Contractors,” Arizona State University, Phoenix, 2004

“Involuntary Bankruptcy a Rational Option,” Maricopa County Bar Association, Phoenix, 2004

“Nuts & Bolts Seminar,” Arizona State University, Phoenix, 2004

“Chapter 13,” State Bar of Arizona Annual Convention, Phoenix, 2003

“Let’s Do Breakfast: Mediation & Ethics,” State Bar of Arizona, Phoenix, 2003