Articles & Publications

There are a number of complex issues to consider when representing a business client in a bankruptcy. Join Reno Fernandez, San Francisco commercial bankruptcy attorney, as he covers all the basics of a business bankruptcy case. The program will focus mostly on corporate Chapter 11 cases, which allows the business to continue to operate with the goal or reorganizing and paying creditors. Mr. Fernandez will also cover business Chapter 7 cases, which are an effective way to dissolve and wind up if the business does not require a reorganization. Other topics include discharge, the automatic stay, trustees, and many more.

On October 7, 2014, Reno Fernandez hosted a continuing legal education program for the State Bar of California’s Business Law Section covering certain special liens and bankruptcy, including inchoate liens, tax liens and the scope of judgment liens under the Uniform Commercial Code. The program is now available online.

Chapter 11 in a Nutshell. Reno Fernandez spoke at this California State Bar program. This program will take the mystery and confusion out of the Chapter 11 bankruptcy process. Learn the basics of Chapter 11 from the filing of the bankruptcy petition and first day motions through confirmation of a plan of reorganization.

Reno Fernandez’s short article on two decisions in the Central District of California affecting the business judgment rule. This was printed in the Bar Association of San Francisco’s Bulletin in March, 2014, and also archived online at the Bar Association’s blog, namely Legal By the Bay.

Published in The Bar Association of San Francisco Continuing Legal Education Program Self Study Examinations, February, 2014. Reno Fernandez authored this self-study CLE article for the Bar Association of San Francisco, covering major recent developments and several points of interest in Bankruptcy Code Section 523(a)(4).

Published in Legal by the Bay, Bar Association of San Francisco, January 3, 2014. This is an interesting article Reno Fernandez wrote for Legal By the Bay, which is the Bar Association of San Francisco’s blog, covering the case of a complex real estate transaction and its analysis under Bankruptcy Code Section 523(a)(4).

On March 12, 2013, Reno Fernandez hosted a roundtable of several financial professionals. This article, published in The Bar Association of San Francisco Bulletin, summarizes the program.

Bankruptcy Appellate Panel reverses lower court ruling and vindicates Macdonald Fernandez LLP’s trial strategy. The debtors went on to achieve a favorable settlement and obtained more than $15 million.

Iain A. Macdonald’s article analyzing 529 Plans (education savings plans) and bankruptcy, published in the National Association of Bankruptcy Trustee’s magazine, NABTalk. www.nabt.com.

Iain A. Macdonald’s program presented at the State Bar of California’s Annual Meeting in 2012. These tips are essential for businesses, general counsel and litigators considering or involved in chapter 7 bankruptcy cases. The video is now available online.

A presentation by Reno Fernandez, given in May, 2011. Available as streaming video, through the Federal Reserve Bank of San Francisco website.

Intuit, maker of QuickBooks accounting software, interviews Reno Fernandez on small business bankruptcies and related advice for small business owners. Includes discussion of different options available to small businesses and advice on handling rising debt.

Slides and notes from a joint presentation at a meeting of the State Bar of California by Iain A. Macdonald and three others, entitled Dealing With Troubled Loans in Troubled Times. Includes detailed discussion of Perfection Issues Regarding Specialized Collateral and an Overview of Various Issues Regarding Security Interests.

An article published in The Recorder by Reno Fernandez on the effects of Hamilton v. Lanning, 10 C.D.O.S. 6973 on consumer bankruptcy.

Reprinted with permission from the July 6, 2010 edition of The Recorder. © Copyright 2010. ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. For information, call 415.490.1054 or pryplewski@alm.com.

A case summary of Amendments to the Bankruptcy Rules that went into effect December 1, 2009. Prepared by Iain A. Macdonald and Reno Fernandez for the Insolvency Law Committee of the Business Law Section of the State Bar of California

Document detailing changes to the Federal and Local Bankruptcy Rules in 2007 and 2008. Prepared for the Business, Commercial and Bankruptcy Law section of the San Francisco Barrister’s Club by Heather A. Cutler of Macdonald Fernandez and the Honorable Dennis Montali, United States Bankruptcy Judge. (June 26, 2008)

This article discusses issues attendant the confirmation of the Chapter 11 plan in the individual case and suggests that the individual Chapter 11 plan can be confirmed quickly and cost-effectively if the process is well-planned at the beginning. We use as a point of reference a "model plan" developed by San Francisco Bankruptcy Judge Thomas E. Carlson in conjunction with the Bench-Bar Liaison Committee of the Northern District of California, integrating ideas from plans used throughout the state, including the small business plan and disclosure statement forms designed to implement the final Bankruptcy Rules effective December 1, 2008. We also suggest the use of a simplified disclosure statement as an alternative to the 25-page Official Form 25B.

Macdonald Fernandez LLP successfully defended this fraudulent transfer action, allowing the defendant to keep a house received from the debtor on account of a bail-bond obligation.

Macdonald Fernandez LLP prevails in an action to recover the value of a farm property fraudulently transferred prior to bankruptcy, recovering more than $200,000 for the chapter 7 trustee.

Macdonald Fernandez LLP prevailed in this appeal to the U.S. Court of Appeals for the Ninth Circuit, resulting in this published opinion that has become a leading case in determining whether and how a bankruptcy court may maintain control of pre-trial proceedings prior to a possible transfer to district court.


Presentations

Slides from a presentation by Iain A. Macdonald making a detailed comparison of Individual Chapter 11, Business Chapter 11, and Chapter 13. Includes references to and discussion of The Bankruptcy Code and recent relevant cases.

Slides from a presentation on dealing with troubled loans by Iain A. Macdonald. Major topic headings include: Basic Bankruptcy Framework, Plan Issues, Relevant Hot Topics, Sales, and Credit Bids.

Iain Macdonald Individual Chapter 11 Presentation. Chart comparing business and individual chapter 11 cases with chapter 13.