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    Richard Marshack and David Goodrich to Speak at the OCBA Commercial Law & Bankrputcy Section Meeting on February 28, 2013

    On Thursday, February 28, 2013, Richard A. Marshack and David M. Goodrich will speak at a luncheon program sponsored by the Commercial Law & Bankruptcy Section of the Orange County Bar Association (“OCBA”). The program begins at noon and is titled, “Know Your Chapter 7 Trustee.”

    The program will be moderated by David M. Goodrich of Marshack Hays LLP, a Chapter 7 Trustee in the Los Angeles Division, and includes Richard A. Marshack, Chapter 7 Trustee.   Mr. Marshack is a frequent speaker on reorganization and bankruptcy topics and both Mr. Goodrich and Mr. Marshack enjoy the exchange with bankruptcy attorneys in a format like this one since it allows for direct questions and answers with the audience.  In addition, the panel of speakers includes Jeffrey Golden, Chapter 7 Trustee, and 3 experienced Case Administrators.

    This program is an opportunity for consumer bankruptcy attorneys to meet with Chapter 7 Trustees and Trustee Administrators to:

    • Discuss the needs of each Trustee
    • Determine the best methods to keep a case moving along (more…)

    Marshack Hays LLP aids in Acquisition of Four Buildings

    By Richard Marshack:

    Marshack Hays LLP aids in Acquisition of Four Buildings

    Congratulations to Kris Thagard on the successful completion of another notable real estate transaction. Ms. Thagard, Of Counsel to Marshack Hays LLP, maintains an active practice in real estate matters and more.  She and I recently assisted White Buffalo Holding LLC in its purchase of four buildings at the Long Beach Airport. This real estate transaction included 145,000 square feet of buildings and property located on the tarmac of the Daugherty Sky Harbor Airport Center in Long Beach, California.  The deal was highlighted recently in the Los Angeles Daily Journal, Real Estate Movers and Dealmakers section (view that section here).

    In addition to real estate purchase and sale matters, Ms. Thagard’s practice includes contract and construction matters, insurance (negotiation, bad faith, declaratory relief, subrogation and premises liability), lender’s rights to insurance proceeds and guarantees, environmental contamination matters, and broker and partner malfeasance.

    Her areas of practice often intersect with bankruptcy, reorganization or pre-bankruptcy work out negotiations, and clients of Marshack Hays LLP are pleased to draw on her expertise when appropriate.  You can view Ms. Thagard’s web profile here or download it in pdf form here.

    Richard Marshack and Ed Hays to Speak at the “Last Dash” 2013 Event – Bankruptcy Basics for the Non-Bankruptcy Lawyer

    By Richard Marshack:

    In January 2013, Ed Hays and I will once again present a program on “Bankruptcy Basics for the Non-Bankruptcy Lawyer” at the 21st Annual MCLE Last Dash & Trade Show Continuing Legal Education Marathon.

    The Last Dash event is scheduled for Saturday, January 19, 2013, and is organized and sponsored by the Orange County Bar Association (OCBA). The event runs all day (7:45 a.m. to 4:45 p.m.) and takes place at Whittier Law School in Costa Mesa, California. Interested lawyers can check with the OCBA to register or find the Registration form here.

    It is always a challenge to present a useful overview of bankruptcy law to non-bankruptcy practitioners in a short time, but we enjoy the process. In fact, we do it in a less formal way all year long. Bankruptcy law frequently intersects with other areas of commercial law so we often assist lawyers who have cases or clients that are impacted by actual or potential insolvency issues. These lawyers need to know enough about bankruptcy and reorganization topics to ask the right questions and to get assistance in their legal matters where appropriate.

    During our presentation, Ed and I use written materials in the form of an enhanced outline which we typically make available on our website after the program. And lawyers that have specific questions about their matters or their clients may simply call us any time of the year.

    The OCBA is a California State Bar approved provider of Mandatory Continuing Legal Education. The OCBA offers a wide variety of continuing legal education programs including this yearly Last Dash event designed to provide MCLE credit for lawyers who need to complete multiple hours of education prior to an upcoming deadline. The OCBA’s Last Dash programs are always fun and we look forward to our presentation next month.

    David M. Goodrich Joins Marshack Hays LLP

    We are pleased to welcome David M. Goodrich as a member of Marshack Hays LLP effective in October 2012. Mr. Goodrich brings a wealth of bankruptcy and litigation experience to our firm and adds his particular experience as a bankruptcy trustee to our outstanding group of bankruptcy, litigation and reorganization professionals.

    As a busy litigator, Mr. Goodrich has a wide range of experience in commercial law, real estate and bankruptcy matters. His lender and creditor representations include extensive experience with collection and lien enforcement matters, quiet title litigation, commercial lease disputes, enforcement of inter-creditor agreements as well as disputes arising under the Federal and California Fair Debt Collection and Credit Reporting Acts, the California Rees-Levering Act, the federal Truth in Lending Act (known as “Regulation Z”), the California Unruh Civil Rights Act and Uniform Commercial Code Article 9 matters (as applicable in California under the Calif. Commercial Code).

    Since April of 2011, Mr. Goodrich has been a bankruptcy trustee as part of the Chapter 7 Panel of United States Bankruptcy Trustees for the Central District of California – Los Angeles Division. He is a member of the National Association of Bankruptcy Trustees and is certified as a specialist in bankruptcy law by the State Bar of California.

    Beyond his work as a commercial litigator, Mr. Goodrich specializes in the representation of bankruptcy trustees including lien avoidance and asset recovery litigation, preference avoidance and recovery matters, fraudulent transfer litigation, objections to claims of exemption, and sales of real and personal property at private sales and public auctions. He has served as special litigation counsel to trustees from the Districts of New Jersey and Utah and he also represents debtors in matters including bankruptcy discharge litigation and non-dischargeability litigation.

    Mr. Goodrich graduated from the University of Arizona (Bachelor of Arts 1997) and Whittier College School of Law (Juris Doctor 2000) and is a member of the Phi Alpha Delta professional law fraternity. He is admitted to practice law in California and is also admitted to practice before the United States District Courts for the Northern, Eastern, Central and Southern Districts of California.

    As a frequent speaker on bankruptcy and legal practice topics, Mr. Goodrich contributes his time to the education of bankruptcy and reorganization professionals. He served as (more…)

    Taxes, Student Loans and Other “Hard to Gets” | July 17, 2012

    The hardest debts to discharge in bankruptcy—taxes, student loans, etc.—are the topic of a dinner program on July 17, 2012 hosted by the Inland Empire Bankruptcy Forum (IEBF); and D. Edward Hays will be among the IEBF speakers on a distinguished panel.

    The program, entitled “Nondischargeability II: Taxes, Student Loans, and Other Hard to Gets will take place on July 17, 2012, beginning with cocktails at 6:00 p.m. at the Mission Inn, in Riverside, California. This IEBF program features the Honorable Mark Houle, Robert P. Goe, Lorene Lynn Mies along with our own D. Edward Hays. A program flyer with reservation form is available here.

    Ed Hays is a frequent speaker on bankruptcy and litigation topics including bankruptcy discharge issues and other matters that cross the divide between federal and state courts.  He has actively litigated matters in federal and state courts and has handled bankruptcy adversary proceedings—including non-dischargeability cases—for over 19 years.  Earlier this year, Ed was selected for inclusion in Southern California Super Lawyers 2012.

    Our focus at Marshack Hays LLP is always on achieving client-driven results in the bankruptcy, reorganization and litigation matters that we handle.

    Chad V. Haes Joins Marshack Hays LLP

    Marshack Hays LLP is pleased to announce that Chad V. Haes has joined the firm as an associate attorney. Mr. Haes has a wide range of bankruptcy and litigation experience and also brings to his practice the perspective of a former law clerk and extern for bankruptcy judges in the Central District of California.

    Mr. Haes’ litigation experience includes representing institutional lenders in actions related to lien priority and wrongful foreclosure, prosecuting and enforcing mechanic’s liens, seeking unlawful detainer judgments on behalf of secured lenders and representing creditors, debtors and trustees in the bankruptcy context.

    A California native, Mr. Haes earned his Bachelor of Arts degree from Azusa Pacific University in 2004 and his law degree from Southwestern Law School in 2008. Prior to joining the firm, Mr. Haes served a two-year term as the judicial law clerk to the Honorable Meredith A. Jury of the United States Bankruptcy Court for the Central District of California, Riverside Division. Mr. Haes also externed for Honorable Samuel L. Bufford of the United States Bankruptcy Court for the Central District of California, Los Angeles Division.

    While in law school, Mr. Haes was a member of the Moot Court Honors Program and the recipient of the John J. Schumacher full-tuition scholarship, the Equal Justice America fellowship, the Wiley W. Manuel Award for Pro Bono Legal Services and the CALI Excellence Award for Constitutional Law. Mr. Haes was also selected as a finalist oralist and finalist writer in the Southwestern First-Year Intramural Moot Court Competition and a finalist oralist in the Rendigs National Products Liability Moot Court Competition.

    For more information you may visit his web profile here or download it in pdf form here.

    Richard A. Marshack to Speak on the Absolute Priority Rule in Individual Chapter 11 Cases

    On April 17, 2012, Richard Marshack will speak at a dinner program sponsored by the Commercial Law & Bankruptcy Section of the Orange County Bar Association (“OCBA”). The program begins at 5:30 p.m. and addresses the question—“How Absolute is the Absolute Priority Rule in Individual Chapter 11 Cases?”

    Richard is pleased to join a distinguished panel of experts, including the Honorable Alan M. Ahart, United States Bankruptcy Court, the Honorable Theodor C. Albert, United States Bankruptcy Court, the Honorable Scott C. Clarkson, United States Bankruptcy Court, Jeffery I. Golden, Weiland, Golden, Smiley, Wang Ekvall & Strok, LLP and Debra Grassgreen, Pachulski, Stang, Ziehl & Jones LLP.

    Richard has been a Chapter 7 Panel Trustee for 27 years. Richard also regularly represents Chapter 11 debtors and has successfully confirmed countless Chapter 11 plans, both before and since the 2005 enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act.

    The OCBA is a California State Bar approved provider of Mandatory Continuing Legal Education (“CLE”).  The program is approved for 2.0 hours of CLE credits.  More information about this and other CLE seminars is available at the OCBA website or interested parties may call the OCBA Education Dept. at 949-440-6700 ext. 125.

    D. Edward Hays to Appear in Southern California Super Lawyers 2012

    Marshack Hays LLP is pleased to announce that D. Edward Hays has been selected for inclusion in Southern California Super Lawyers 2012.  Recognition in this publication is a well-deserved honor attained by no more than 5% of the lawyers in California.  Super Lawyers magazine is distributed in all 50 states and Washington, D.C., reaching more than 13 million readers.

    Super Lawyers employs a rigorous selection process with standards that culminate in a rating service of outstanding lawyers from more than 70 practice areas—all of whom have attained a high degree of peer recognition and professional achievement.  The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations.

    Super Lawyers has recognized Ed for his outstanding work in bankruptcy and creditor/debtor rights, including recent published cases such as In re Dick Cepek, 339 B.R. 730 (9th Cir. BAP 2006); In re Rinard, 451 B.R. 12 (Bankr. C.D. Cal. 2011); and In re Four Star Financial Services, Inc., 444 B.R. 428 (Bankr. C.D. Cal. 2011).

    Super Lawyers magazine is distributed to practitioners and to ABA-accredited law school libraries.  Super Lawyers is also published as a special section in leading city and regional magazines across the country.  You can find Ed’s profile on the Super Lawyers website here.

    We are proud of Ed’s achievement and this distinguished recognition.  Along with our clients and friends, we look forward to a productive and successful 2012—and we’re pleased to see Ed and the firm making such a great start to the year.

    Bankruptcy Basics For the Non-Bankruptcy Lawyer – Ed Hays and Richard Marshack Give MCLE Presentation at OCBA “Last Dash – 2012″ Event

    By D. Edward Hays:

    On January 14, 2012, Richard Marshack and I presented an hour-long program at the “20th Annual MCLE Last Dash & Trade Show″ Continuing Legal Education Marathon organized and sponsored by the Orange County Bar Association (OCBA).  Our presentation was titled: “Bankruptcy Basics for the Non-Bankruptcy Lawyer” and took place at Whittier Law School in Costa Mesa, California.

    We enjoy educating practitioners and enhancing the practice of bankruptcy law in our community.  Since bankruptcy law and its related areas of commercial litigation are highly specialized areas of practice, it’s not easy to present a coherent overview to non-bankruptcy practitioners in a single hour—even those experienced in other areas of law—and we find the challenge and the experience rewarding.  During our presentation, Richard and I used written materials in the form of an enhanced outline, which we promised our audience we would make available on our website. You will find the outline here: Last Dash – Bankruptcy Basics for the Non-Bankruptcy Lawyer.

    The OCBA is a California State Bar approved provider of Mandatory Continuing Legal Education.  The OCBA offers a wide variety of continuing legal education programs including a yearly “Last Dash” program designed to provide MCLE credit for lawyers who need to complete multiple hours of education prior to an upcoming deadline.  The OCBAs “Last Dash” programs are always fun and we look forward to our next opportunity to participate.

    Cynthia S. Conners Inaugurated Mayor of Laguna Woods

    We wish to congratulate Cynthia S. Conners on being inaugurated as Mayor of the City of Laguna Woods, California.  Her inauguration comes after serving as the Mayor Pro Tem for the preceding year.  Ms. Conners maintains a busy law practice as an associate attorney at our firm, and brings over twenty-eight years of experience to clients of Marshack Hays LLP.

    Although Ms. Conners has lived in the City of Laguna Woods for only a few years, when she moved there she jumped immediately into local governance issues.  Within a year, she was elected to be president of a 9,000-member homeowners’ association in the City, a high profile job with some contentious issues that drew media attention and regularly presented Ms. Conners with governance challenges.

    Ms. Conners was well-prepared by that experience to face the difficult public policy issues that have arisen during her term on the City Council, and she looks forward to bringing her experience and skill to the challenges of the Mayor’s office.  She is particularly focused on issues the City of Laguna Woods continues to deal with such as the state budget crisis, the source cost of water in the Sacramento-San Joaquin River Delta, the quality of waste-water runoff into the Pacific Ocean, and even use of energy from the San Onofre Nuclear Generating Station.

    As part of her duties, Ms. Conners has testified at a regional meeting in favor of the seawater desalination plant in Huntington Beach and has spoken to the Nuclear Regulatory Commission about safety at the San Onofre Nuclear Generating Station.  Those talks included a discussion of evacuation plans for south Orange County in the event of an incident at the plant.

    When asked about other issues she will focus on during her tenure, Ms. Conners said:

    As Mayor, I hope to focus the City and the residents more on green issues, expanding recycling opportunities, and reducing water and energy use.  I also want to encourage our residents, who have enormous expertise in many areas, to serve on county and Southern California commissions, to increase the visibility and impact of Laguna Woods in our region.

    Ms. Conners continues to represent Marshack Hays clients in business and bankruptcy litigation matters.  We are proud of her work for the City of Laguna Woods and wish her good fortune in her tenure as Mayor.