I have been practicing law in Arizona since 1988. I was born and raised in northeastern Pennsylvania, attended the Pennsylvania State University; and obtained my undergraduate degree at the University of Alaska-Fairbanks. I earned my law degree, cum laude, from the Gonzaga University School of Law in Spokane Washington.
I worked in law firms and as a sole practitioner. I have represented private and public corporations, individual creditors and debtors, government agencies, local, regional and national financial institutions. I have experience representing a wide base of client interests. My practice is now focused on creditor’s rights and commercial litigation.
Early in my career, I gained significant knowledge representing federal agencies in all aspects of closed-bank litigation. I have considerable experience with the enforcement of debt instruments; foreclosure and receivership of real property. I have represented creditors, debtors and trustees in proceedings under Chapter 11 and Chapter 7, and receivers appointed in Federal Court to collect judgments arising out of securities litigation. I have represented contractors and suppliers in all aspects of construction litigation. I have successfully asserted bond claims against sureties and pursued lien foreclosure litigation on behalf of suppliers and contractors.
I understand the parties’ issues and concerns, and have the experience to offer solutions. My ability to offer creative solutions comes from representing clients for over twenty two years and seeing issues and resoling them from multiple points of view.
I have appeared in the United States Bankruptcy Court for the District of Arizona, in the United States District Court for the District of Arizona, the Ninth Circuit Court of Appeals, the Arizona Court of Appeals, and the Superior and Justice Courts throughout the State of Arizona. I earned an AV Peer Rating, the highest, from the Martindale-Hubbell legal directory, which is defined as: “Very high to preeminent legal ability and very high ethical standards as established by confidential opinions from members of the Bar.” I attended the Arizona College of Trial Advocacy (1992) and was a speaker for Lorman Seminars, Advanced Collection Techniques (November 2004); Collection Practices in Arizona (November 2005); Judgment Collection: The Good, the Bad and the Profitable (September 2011); Essentials of Foreclosure Defense (February 2012) and The Nuts and Bolts of Judgment Collection (September 2012).
Areas of Practice:
50% of Practice Devoted to Litigation
U.S. Court of Appeals 9th Circuit, 1994
U.S. District Court District of Arizona, 1988
Gonzaga University School of Law, Spokane, Washington
Director – Paz de Cristo Community Center (2012 – Present)
Board of Attorney Advisors to the Dean, Gonzaga University School of Law (2013 – Present)
Marc Windtberg, Esq.Attorney
My law practice focuses on estate planning, litigation, probate, and debt collection. I am a member of WealthCounsel, the premier organization of estate planning attorneys. Other than estate planning and probate, I frequently represent individuals and businesses in litigation and debt collection matters.
For estate planning, I help individuals and families protect themselves with effective estate planning. My clients may come to me because they think they need a Will or a Trust to pass their assets at death. These clients are often pleased to learn that a complete estate plan can also protect them in the event of disability, offer protection from creditors, minimize legal fees, and more. My goal is to educate my clients on the options available to protect them, and their families, to the greatest extent possible. Estate planning is a complex process, and there are endless options available. I take the time to understand my clients and their objectives. Once I have that information, I educate my clients on the options available to them, and discuss the pros and cons of each option.
In probate matters, I represent personal representatives, heirs, and creditors to help them through the probate process and protect their rights. Arizona’s probate process is unique, and is suited to benefit personal representatives and heirs in uncontested matters. The downside of this process is that heirs and creditors must pay close attention to the process to avoid forfeiting their rights.
I also work closely with individuals and businesses in litigation matters, typically business and contract disputes. Often these matters result in judgments that must be collected. I utilize cutting edge research tools and under-utilized remedies to identify and recover as much as possible for my clients. My proprietary tools and methods are designed to find assets and identify improper asset planning, to give my clients the best opportunity to recover as much as possible from these debtors.
Areas of Practice:
University of Arizona College of Law, Tucson, Arizona, 2006 J.D.
Honors: Cum Laude
Arizona State University, Barrett Honors College, W.P. Carey School of Business, Tempe, Arizona, 2003
Finance, Supply Chain Management
Honors: Summa Cum Laude