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    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.

    Sarah C. Boone Joins Marshack Hays LLP

    Marshack Hays LLP is pleased to welcome Sarah C. Boone. Ms. Boone joined the firm in April 2011 as an associate attorney, and arrives with substantial experience in business and civil litigation as well as bankruptcy matters.

    She is an excellent writer and holds a Master of Fine Arts in Professional Writing from the University of Southern California. We also think clients of the firm find her to be focused on them as people and highly capable of dealing with the challenges of a busy practice.

    Of course, Ms. Boone’s legal experience is worth a quick review. She has represented Trustees on behalf of secured and unsecured creditors where disputes often involve lenders, trade creditors, landlords and individuals. She also has extensive litigation experience—including securities actions involving public companies’ violations of the Securities Act and the Securities Exchange Act—under the umbrella of the Private Securities Litigation Reform Act.

    Ms. Boone is an engaging presence and we are happy to add her valuable litigation, bankruptcy and writing skills to our practice. For more information you may visit her web profile here or download it in pdf form here.

    Marshack Hays welcomes Martina Slocomb – business and civil litigation attorney

    Martina A. Slocomb is an associate attorney at Marshack Hays LLP.  Her practice involves a wide range of business and civil litigation, creditors’ rights, and bankruptcy matters.  Ms. Slocomb’s litigation experience includes seeking appointment of receivers for creditors, representing receivers in state court actions in which they have been appointed, obtaining pre-judgment remedies and enforcing judgments, defending developers, banks, and other parties who have been sued for foreclosure of mechanic’s liens and enforcement of stop notice claims, seeking unlawful detainer judgments on behalf of landlords and lenders, and handling a variety of other civil litigation matters.  Her bankruptcy law practice includes representation of secured and unsecured creditors who have claims against individuals and corporations that have filed for bankruptcy, including lenders, landlords, and trade creditors.

    [Read Martina's full bio]

    Marshack Hays welcomes Charles Liu

    Charles Liu is the newest associate to join our professionals.

    Mr. Liu specializes in handling bankruptcy and other insolvency related proceedings for a broad range of clients including businesses and individuals. He has successfully represented Chapter 11 debtors, including secured and unsecured creditors, creditors committees, bankruptcy trustees and asset purchasers in a variety of matters including workouts, reorganizations, liquidations, assignments for the benefit of creditors, and business acquisitions. Having an acute understanding of the complexities of bankruptcy, Mr. Liu regularly devises strategies to avoid costly litigation. He often negotiates financing arrangements on behalf of his clients, and helps structure financing to avoid insolvency related problems. In addition to his extensive bankruptcy law experience, Mr. Liu has successfully litigated matters involving breach of contract, breach of fiduciary duty, fraud, derivative actions, and class actions.

    Mr. Liu earned his Juris Doctor from Loyola Law School in 1997. While attending law school, he won the American Jurisprudence Award in Trusts and Wills and was the Articles Editor for the Loyola of Los Angeles International and Comparative Law Journal.

    Mr. Liu was an extern to the Honorable Mitchel R. Goldberg, United States Bankruptcy Court, Central District of California and upon graduation, he was a law clerk to the Honorable Meredith A. Jury, United States Bankruptcy Court, Central District of California.

    Originally from Taiwan, Mr. Liu spent most of his time in the U.S. in the San Gabriel Valley and received his Bachelor of Science degree from the University of California, Riverside. Prior to joining the firm, Mr. Liu was an associate at Winthrop Couchot Professional Corporation and at Liner Yankelevitz Sunshine & Regenstreif, LLP

    Announcements

    Marshack Hays is proud to recognize Richard A. Marshack for 25 years as Bankruptcy Trustee. Congratulations Richard on your accomplishment and years of dedicated and continuing service.