OUR PROFESSIONALS
D. EDWARD HAYS
Partner
Edward Hays is a founding member of the firm of Marshack Hays LLP. 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 has been certified as a bankruptcy law specialist by the State Bar of California.
Edward Hays focuses his practice on bankruptcy and litigation matters. In 2020, he was the President of the California Bankruptcy Forum. In 2000 and 2017, he served as Chair of the Commercial Law & Bankruptcy Section of the Orange County Bar Association. He also has served as a Director or member of the following organizations: the Inland Empire Bankruptcy Forum; the Orange County Bankruptcy Forum; the William P. Gray Legion Lex American Inns of Court, the Federal Bar Association, and the Executive Council for the College of Business at Cal State Fullerton. 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. D. Edward Hays has been selected on numerous occasions to present continuing education lectures on various legal topics including bankruptcy, litigation, exemptions, and legal research. He has spoken at the National Conference of Bankruptcy Judges, the National Association of Bankruptcy Trustees, the National Association of Consumer Bankruptcy Attorneys, the California Bankruptcy Forum, the Orange County Bankruptcy Forum, the Inland Empire Bankruptcy Forum, the Orange County Bar Association, and the Office of the United States Trustee for multiple Regions. He also served on the Central District Task Force for Amendments to the Local Bankruptcy Rules.
Bar Admissions
- State of California
Education
- USC Gould School of Law 1989-1992
- Hale Moot Court Honors Program
- California State University Fullerton 1984-1989
- Graduated with Honors
- Bachelor’s Degree is Business with an emphasis in Finance
- Minor in Spanish
Published cases:
- In re Brace, 9 Cal.5th 903 (Cal. Supreme Court 2020)
- Richards v. Marshack (In re Richards), 644 B.R. 544 (Distr. C.D.Cal. 2022) Legal Serv. Bureau, Inc. v. Orange Cnty. Bail Bonds, Inc. (In re Orange Cnty. Bail Bonds, Inc.), 638 B.R. 137 (9th Cir. BAP 2022)
- In re Eagan Avenatti, LLP, 637 B.R. 502 (Bankr. C.D.Cal. 2022)
- Patow v. Marshack (In re Patow), 632 B.R. 195 (9th Cir. BAP 2021)
- In re Brace, 979 F.3d 1228 (9th Cir. 2020)
- In re Nolan, 618 B.R. 860 (Bankr. C.D.Cal. 2020)
- Jue v. Liu (In re Liu), 611 B.R. 864 (9th Cir. BAP 2020)
- Naylor v. Farrell (In re Farrell), 610 B.R. 317 (Bankr. C.D.Cal. 2019)
- In re Roger, 393 F.Supp.3d 940 (Distr. Cal. 2019)
- Brace v. Speier, 908 F.3d 531 (9th Cor. 2018)
- Slaieh v. Simons, 548 B.R. 28 (Distr. Cal. 2018)
- Cal. Corr. Peace Officers Ass’n Ben. Trust Fund v. Corbett (In re Corbett), 2017 U.S.Dist. Lexis 108925 (E.D. Cal. 2017)
- Brace v. Speier (In re Brace), 566 B.R. 13 (9th Cir. BAP 2017)
- In re DRI Cos. v. Sunwize Techs. Inc. (In re DRI Cos.), 552 B.R. 195 (Bankr. C.D.Cal. 2016) Stahl v. Whelan Elec., Inc. (In re Modtech Holdings), 503 B.R. 737 (Bankr. C.D.Cal. 2013) In re Cusimano, 2013 WL 9736597 (Bankr. C.D.Cal. 2013)
- In re Cass, 476 B.R. 602 (Bankr. C.D.Cal. 2012)
- 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 Rinard, 415 B.R. 12 (Bankr. C.D.Cal. 2011)
- In re Dick Cepek, 339 B.R. 730 (9th Cir. BAP 2006)
- In re Dudley, 249 F.3d 1170 (9th Cir. 2001)
- In re Kim, 257 B.R. 680 (9th Cir. BAP 2000)
- In re Kuraishi, 237 B.R. 172 (Bankr. C.D.Cal. 1999)
- Blonder v. Cumberland Engineering, (1999) 71 Cal.App.4th 1057, 84 Cal.Rptr.2d 216 In re Metz, 225 B.R. 173 (9th Cir. BAP 1998)
- 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 Turner, 186 B.R. 108 (9th Cir. BAP 1995)
- In re Continental Capital & Credit, 158 B.R. 828 (Bankr. C.D.Cal. 1993)
Edward Hays and his wife, Sarah Cate Hays, have also co-authored the following law review articles published in the California Bankruptcy Journal:
- 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)).
Mr. Hays currently serves as an Officer or Director for the following organizations: California Bankruptcy Forum – Immediate Past President; Inland Empire Bankruptcy Forum – Treasurer.
Previously, Mr. Hays served as a Director or Member of the following organizations: Orange County Bankruptcy Forum; Commercial Law & Bankruptcy Section of the Orange County Bar Association; 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 2019-2020, Mr. Hays was the President of the statewide California Bankruptcy Forum.
In 2020, Mr. Hays became a Co-Chair of the Publications Sub-Committee for the Insolvency Law Committee for the California State Bar.
In 2000 and 2017, Mr. Hays was the Chair of the Commercial Law & Bankruptcy Section of the Orange County Bar Association.
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 2004-2005, 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.
Honors
- Super Lawyers 2011-Present
- Best Law Firms 20__ -Present
Certifications
Certified Bankruptcy Law Specialist with State Bar of California 2017-Present
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