Patrick T. Derksen

Of Counsel
Contact
P 602.333.5439 | F 602.333.5431
Spencer Fane attorney Patrick Derksen

Overview

Patrick Derksen works with a broad range of clients in construction, transactional and bankruptcy matters, facilitating sophisticated transactions, financings, and agreements beneficial to all stakeholders.

With a curated track record of success, Patrick regularly represents developers, contractors, subcontractors, and owners in the negotiation and drafting of development, construction, and related agreements. He also advises buyers and sellers in the purchase, sale, and financing of real property and has significant experience in real estate workouts and restructurings – both in and out of bankruptcy.

In addition, Patrick represents closely held businesses and their owners with respect to entity structure and formation, operational and other transactional issues, including shareholder and limited liability company operating agreements, asset purchase and sale transactions, due diligence, financing, and ownership/buyout disputes.

Patrick also has a proven track record of representing trustees and creditors in a broad array of bankruptcy matters, including sales, preference and fraudulent conveyance actions, turnover of assets, stay relief litigation, dischargeability litigation, claim disputes, lien avoidance, and priority disputes. In addition, he has substantial experience representing court-appointed receivers and navigating complex issues related to creditors’ rights in the context of probate and trust administration.

Credentials

Education

  • Illinois Institute of Technology Chicago-Kent College of Law, 2003 (J.D.)
  • University of Iowa, 1999 (B.A.)

Bar Admissions

  • Arizona, 2004
  • Illinois (inactive), 2003

Court Admissions

  • Arizona Supreme Court
  • U.S. District Court for the District of Arizona
  • U.S. Court of Appeals for the Ninth Circuit

Reported Cases

  • Ponath v. Ford, 2023 U.S. Dist. LEXIS 82389 (D. Ariz. May 9, 2023)
  • 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)
  • 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)
  • Birdsell v. Schneider, No. CV-11-0484-PHX-FJM, 2011 U.S. Dist. LEXIS 45949 (D. Ariz. Apr. 21, 2011)

  • Hon Kachina Council, 2007-2012
  • Men’s Arts Council, 2010-2018

  • Super Lawyers, Rising Stars, 2014-2016
  • Arizona Bankruptcy American Inn of Court, Barrister, 2016-2020

  • State Bar of Arizona