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Gerald K. Smith

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Areas of Practice

Practice includes a variety of litigation, counseling complex bankruptcy and reorganization matters and expert testimony as to bankruptcy and ethics matters. Joined Lewis and Roca, LLP (then Lewis Roca Beauchamp & Linton) in 1961. Two terms as member of its Policy Committee and Chair of its Bankruptcy Practice Group for many years. Became of counsel to become a partner with his son in Smith and Smith in 2008.

Education

Graduated With High Honors From Kansas State University. Root-Tilden Scholar At New York University School Of Law And Graduated With High Honors.

Selected Representations

General counsel for R. Carter Pate, Independent Trustee of the NBH Liquidating Trust under the liquidation plan confirmed in the Nelson Bunker Hunt Chapter 11 case in the Bankruptcy Court in Dallas, Texas.

General counsel for Steven S. Turoff, Independent Trustee of the WHH Liquidating Trust under the liquidation plan confirmed in the William Herbert Hunt Chapter 11 case in the Bankruptcy Court in Dallas, Texas.

Counsel for Kaiser Steel Resources and KSC Recovery, Inc. in lawsuits arising out of the 1984 leveraged buyout of Kaiser Steel Corporation, which, prior to its demise, had been the largest integrated steelmaker on the West Coast. All of these claims, against numerous defendants, were filed in bankruptcy court and federal district court in Denver, Colorado.

Counsel for Continental pilots in resisting the ALPA and Continental settlement in Continental I and in recovering claims in Continental I and II.

Counsel for Siemens AG as to its claims and Original Manufacturers Agreement with Storage Tech in the Storage Tech Chapter 11 case in the Bankruptcy Court in Denver, Colorado.

Counsel for MarkAir, Inc. and MarkAir Express, Inc. in their Chapter 11 cases in the Bankruptcy Court in Anchorage, Alaska.

General counsel for the Arizona Golf Association.

Memberships and Affiliations

Deputy director of the Commission on the Bankruptcy Laws of the United States, which produced the first draft submitted to Congress of the current Bankruptcy Code (1972-1973).

Arizona State University School of Law in the fall of 1999, Adjunct Professor of Bankruptcy course.

University of Arizona in the spring of 1994, Adjunct Professor of Debtor Creditor course.

American College of Bankruptcy, Member.

International Bar Association's Committee J, Member (since 1989).

Maricopa County Bar Association, Member.

American Bar Association's Business Section, Member of Section's Business Bankruptcy Committee and Chair of its SABRE Subcommittee (formerly chair of the Business Bankruptcy Committee's Ethics and Chapter 11 Subcommittees).

Business Bankruptcy Committee's Subcommittee on Jurisdiction and Venue, Member and Former Chair.

Business Law Section and Litigation Section Joint Task Force on Bankruptcy Court Structure and Insolvency Process, Member.

National Bankruptcy Conference, Member (since 1969).

Board of Regents and the Board of Directors of the American College of Bankruptcy Professionals, Director and Former Chairman (a distinguished organization of nationally recognized experts in the field of bankruptcy).

American Law Institute, Member (since 1989). Adviser to the Transnational Insolvency
Project and a consultant to the Restatement (Third) for the Law Governing Lawyers and Restatement of the Law, Suretyship. Member of the UCC Permanent Editorial Board's Article 9 Study Committee from 1989-93. Observer as to the efforts of the Uniform State Laws' Article 9 Drafting Committee.

Lawyer delegate to the Ninth Circuit.

Member of Board of Directors of the Ninth Judicial Circuit Historical Society since 1988.

Member of the Advisory Committee on Rules of Bankruptcy of the Judicial Conference of the United States from 1993-1999 and Subcommittee on Rule 2014 Disclosure.
Requirements and Subcommittee on Attorney Conduct Rules, and member of its Litigation Subcommittee and its Long Range Planning Subcommittee. Participant in the Special Study Conference on Federal Rules Governing Attorney Conduct (1996).

Designated representative of the Advisory Committee on Bankruptcy Rules to the Subcommittee on Attorney Conduct Rules of the Committee on Rules and Practice of the Judicial Conference.

Member of the Ethics Working Group, the Partnership Working Group, and the Tax Working Group of the National Bankruptcy Review Commission in 1997.

Chairman (1969-1972) State Bar of Arizona's Committee on Creditors' and Debtors' Rights, Former Chairman (1969-1972).

Publications

Author, “Standards for the Employment of Professionals in Bankruptcy Cases: A Response to Professor Zywicki's ‘Case for Retaining the Disinterestedness Requirement for Debtor in Possession's Professionals',” 18 Miss. C. L. Rev. 327, 1998.

Author, “Conflicts of Interest in Workouts and Bankruptcy Reorganization Cases,” 48 So. Carolina L. Rev. 793, 1997.

Co-Author, with Professor Frank R. Kennedy, “Some Suggestions For the Bankruptcy
Review Commission,” 1995-1996 Annual Survey of Bankruptcy Law (Clark Boardman Callaghan) and a series of individual articles with suggestions for the Commission: “Administration,” “Possible New Procedures,” “Debtors Eligible For Relief,” “Reorganizations,” “Disinterestedness,” “Prefiling Disclosures: Fairness to Creditors and Fraud and Criminal Implications of Nondisclosure of Financial Difficulty,” “Avoidance Actions and Claims of Creditors That Become Property of the Estate,” and “Executory Contracts,” “Insolvency Law for the 21st Century,” State Bar of Arizona Bankruptcy Journal, March 1996.

Author, “An Introduction to Partnership Issues in Bankruptcy Cases,” Norton Bankruptcy Law and Practice, Clark Boardman and Callaghan, 1994.

Co-Author, with Randolph J. Haines, “The Bankruptcy Reform Act of 1994 – Significance for Business Chapter 11 Cases,” Norton Bankruptcy Law Adviser, December 1994.

Co-Author, with Professor Frank R. Kennedy, “Postconfirmation Issues: The Effect of Confirmation and Postconfirmation Proceedings,” 44 So. Carolina L. Rev. 621, 1993.

Co-Author, with Professor Frank R. Kennedy, “Fraudulent Transfers and Obligations: Issues of Current Interest,” 43 So. Carolina L. Rev. 709, 1992.

Co-Author, with Professor Frank R. Kennedy, “Some Issues in Partnership Bankruptcy Cases and Recommendations for Legislative Change,” Annual Survey of Bankruptcy Law, 1990 (Callaghan and Co.).

Managing Editor, Norton Bankruptcy Law Adviser, 1985-1998.

Author, “Chapter 11 Reorganization Annual Survey of Bankruptcy Law,” Callaghan and
Company, 1980-1989.

Contributing Editor, “Norton Bankruptcy Law and Practice,” Callaghan and Company, 1981.

Contributing Author, “Practicing Under the Bankruptcy Reform Act,” C.R.R. Publishing Company, 1979.

Contributing Editor, “Collier on Bankruptcy,” Volume 12, 14th ed., 1975.

Court Admissions

U.S. Supreme Court

U.S. Court of Appeals, Ninth Circuit

U.S. District Court, Arizona

Arizona Supreme Court

Arizona Court of Appeals

U.S. District Court, Northern District of Texas

U.S. District Court, Colorado

U.S. Bankruptcy Court, District of Arizona

Arizona Superior Court

Other Distinctions

Mr. Smith has an “AV/Preeminent Attorney” rating with Martindale-Hubbell. He has been listed in The Best Lawyers in America, by Woodward/White, Aiken, S.C. in the category of Bankruptcy and Creditor- Debtor Rights Law for over twenty years. Mr. Smith has been named Best Lawyers' Lawyer of the Year in 2012 in Bankruptcy Litigation. He is listed in the 2007-2010 editions of Southwest Super Lawyers in the categories of Bankruptcy & Creditor-Debtor Rights and also in the 2009 Corporate Counsel edition in the category of Bankruptcy & Creditor-Debtor Rights. Mr. Smith was also named in the Best Lawyers' 2011 Phoenix Bankruptcy and Creditor-Debtor Rights Lawyer of the Year. In 2004, Mr. Smith was recognized by The Phoenix Business Journal as the “Best of the Bar” in the areas of Tax, Finance and Bankruptcy.

Mr. Smith was the recipient of the Emory Bankruptcy Developments Journal's Lifetime Achievement Award on March 25, 2004. Mr. Smith was also honored by the National Conference of Bankruptcy Judges in November of 2006 as a “Legend of the Law.”

Mr. Smith is also listed in the 2003 edition of the K & A Restructuring Register: America's Top 100, a peer group selected listing of nationally recognized attorneys and financial advisors currently specializing in reorganization, restructuring, insolvency and bankruptcy matters. In 2000, Mr. Smith received the Distinguished Service Award from the American College of Bankruptcy.

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