D. Edward Hays is a founding member of the firm of Marshack Hays LLP. He was born in Los Angeles, California. He graduated with honors from California State University at Fullerton in 1989 with a Bachelor of Arts degree in Business. He graduated from the University of Southern California Law Center in 1992 where he was a member of the Hale Moot Court Honors program. Mr. Hays was admitted to practice in 1992.

Mr. Hays is a Certified Bankruptcy Law Specialist with the State Bar of California. He has earned the distinction of being recognized in Super Lawyers every year from 2011 to the present. Mr. Hays currently serves as an Officer or Director for the following organizations: California Bankruptcy Forum – Treasurer; Inland Empire Bankruptcy Forum – Treasurer; and Commercial Law & Bankruptcy Section of the Orange County Bar Association.

Previously, Mr. Hays served as a Director or member of the following organizations:  Orange County Bankruptcy Forum; Cal State University Fullerton Alumni Association; Cal State University Fullerton Philanthropic Foundation; William P. Gray Legion Lex American Inns of Court, Federal Bar Association, Executive Council for the College of Business at Cal State Fullerton; USC Law School Alumni Association; and Legal Aid Society of Orange County. In 1998 and 1999, Mr. Hays also served as a Judge Pro Tem for the Superior Court of the State of California, County of Los Angeles.

In 2000 and 2017, Mr. Hays was the Chair of the Commercial Law & Bankruptcy Section of the Orange County Bar Association.

In 2004-2005, Mr. Hays served as the President of the Cal State Fullerton Alumni Association and was selected that year as a CSUF Volunteer of the Year.

Ed also has been selected on numerous occasions to present lectures on various legal topics including bankruptcy law, family law in bankruptcy cases, labor law in bankruptcy, exemptions, enforceability of spendthrift trusts, evidence, pretrial and trial practice, and recent developments in bankruptcy law. He has also moderated multiple programs where bankruptcy judges served as panelists. He also served on the Central District Task Force for Amendments to the Local Bankruptcy Rules.

In 2004, Mr. Hays was the Chair of the Resolutions Committee for the Orange County Bar Association and has served as a delegate to the State Bar Conference on behalf of Orange County for at least 12 years.

In 2004, Ed won the State Bar 5k race and, in 2005 and 2006, was the runner-up. He also actively participates in triathlons completing two full-distance Ironman races in 2000 and 2003;  eight half-Ironman races between 1999 and 2017; and the Escape from Alcatraz in 1998. Ed has also completed the following marathons: Rome Marathon, Los Angeles Marathon, New York Marathon, St. George Marathon, and the Madison Marathon and Big Sky Marathon (both of which are part of the Greater Yellowstone Adventure Series). He has also completed multiple ultra-marathons including the 50-mile Avalon run on Catalina Island and the 33-mile Holcomb Valley Trail Run. In 2016, Ed competed in the Grand Circle Trailfest which was three straight days of trail runs in Bryce Canyon National Park, Zion National Park, and the North Rim of the Grand Canyon placing 18th overall out of 400 runners and 2nd in his age-group. In 2018, Ed will be competing in the Coastal Redwoods Trailfest, a high-altitude marathon in Montana, and other triathlons and races. If there’s any question regarding whether people can do a particular event, Ed wants to do it.

Certifications:

Ed Hays became a State Bar of California Certified Specialist in Bankruptcy Law as of July, 2017.

Published cases:

  • In re Continental Capital & Credit, 158 B.R. 828 (Bankr. C.D.Cal. 1993)
  • In re Turner, 186 B.R. 108 (9th Cir. BAP 1995)
  • In re National Environmental Waste Corporation, 191 B.R. 832 (Bankr. C.D.Cal. 1996) aff’d 129 F.3d 1052 (9th Cir. 1997)
  • In re Metz, 225 B.R. 173 (9th Cir. BAP 1998)
  • Blonder v. Cumberland Engineering, (1999) 71 Cal.App.4th 1057, 84 Cal.Rptr.2d 216
  • In re Kuraishi, 237 B.R. 172 (Bankr. C.D.Cal. 1999)
  • In re Kim, 257 B.R. 680 (9th Cir. BAP 2000)
  • In re Dudley, 249 F.3d 1170 (9th Cir. 2001)
  • In re Dick Cepek, 339 B.R. 730 (9th Cir. BAP 2006)
  • In re Rinard, 415 B.R. 12 (Bankr. C.D.Cal. 2011)
  • In re Four Star Financial Services, Inc., 444 B.R. 428 (Bankr. C.D.Cal. 2011) rev’d 469 B.R. 30 (D.Cal. 2012)
  • In re Cass, 476 B.R. 602 (Bankr. C.D.Cal. 2012)
  • In re Cusimano, 2013 WL 9736597 (Bankr. C.D.Cal. 2013)
  • Stahl v. Whelan Elec., Inc. (In re Modtech Holdings), 503 B.R. 737 (Bankr. C.D.Cal. 2013)
  • In re DRI Cos. v. Sunwize Techs. Inc. (In re DRI Cos.), 552 B.R. 195 (Bankr. C.D.Cal. 2016)
  • Brace v. Speier (In re Brace), 566 B.R. 13 (9th Cir. BAP 2017)
  • Cal. Corr. Peace Officers Ass’n Ben. Trust Fund v. Corbett (In re Corbett), 2017 U.S.Dist. Lexis 108925 (E.D. Cal. 2017)

Published Law Review Articles (co-authored with his spouse, Sarah Cate Hays)

  • The Client Without a Remedy and the Windfall Estate – The Case for Debtor Ownership of Malpractice Claims Against Bankruptcy Counsel (32 Cal. Bank. J. 65 (2012));
  • The Same Love – Marriage Equality in Bankruptcy Post-DOMA and the Evolving Rights of Registered Domestic Partners (33 Cal. Bank. J. 49 (2014)); and
  • Good Help Is Hard to Fund: The Problem of Earned Upon Receipt Retainers and Pre-Funded Litigation in Bankruptcy (33 Cal. Bankr. J. 421 (2016)).

(updated 3/2018)

D. Edward Hays