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BUSINESS BANKRUPTCY FUNDAMENTALS


--- 1.0 CLE Credit for AZ,CA,CT,NY,WA
--- bankruptcy / debtor / creditor - bankruptcy – business
--- course production date: 3/10/2015
--- presented by RENO F.R. FERNANDEZ III

RENO F.R. FERNANDEZ III
Businesses and individuals in business face complex issues in attempting to reorganize or liquidate in a chapter 11 or chapter 7 bankruptcy case.

In this CLE course commercial bankruptcy lawyer Reno Fernandez de-mystifies the process and takes you through a comprehensive review of the fundamentals of business bankruptcy. Reno focuses upon chapter 11 cases (in which the business continues to operate with a goal of reorganizing or maximizing sale value under an orderly liquidation), and also covers business liquidations in chapter 7, which can be an efficient way to wind up and dissolve.

The course covers the automatic stay and relief from the automatic stay, cash collateral, debtor-in-possession financing, Section 363 sales, assumption and rejection of contracts and leases, lienstripping, discharge and nondischargeability proceedings, fraudulent transfers, preferences, chapter 11 plans, cramdown, small business cases, single asset real estate cases, proofs of claim and claim objections, subordination, exemptions, dismissal, conversion and other issues.

Key course points are:
• Comprehensive review of commercial bankruptcy fundamentals.
• Practical understanding of business reorganization issues.
• Updates on recent hot topics in business bankruptcy.
• Ability to spot bankruptcy, insolvency and litigation issues.


--- presented by RENO F.R. FERNANDEZ III

Reno F.R. Fernandez III is a partner with Macdonald Fernandez LLP, a firm focusing on commercial bankruptcy, insolvency and turnaround litigation, including receiverships and assignments for the benefit of creditors, throughout California and pro hac vice in Delaware, the Southern District of New York and Nevada.

Reno has experience representing debtors, creditors and trustees in bankruptcy, receiverships, fraudulent transfer suits, preference actions and lien avoidance actions.

LEADERSHIP & AWARDS:

State Bar of California, Business Law Section

Member, Insolvency Law Committee – 2013 – Present

Chair, Constituency, Outreach and Website Subcommittee – 2014 – Present

Assistant Chair, Education Subcommittee – 2013 – 2014

National Conference of Bankruptcy Judges, Next Generation Program

Member, Organizing Committee – 2014 – Present

Selectee – 2013

Bar Association of San Francisco (“BASF”)

Immediate Past Chair, Commercial Law & Bankruptcy Section – 2015 – Present

Executive Committee, Business Law Section – 2015 – Present

Chair, Commercial Law & Bankruptcy Section – 2012 – 2014

Member, Board of Directors – 2012 –2013

Vice Chair, Commercial Law & Bankruptcy Section – 2011 –2012

Bay Area Bankruptcy Forum, Member, Board of Directors – 2011 – Present

Member, Publicity Committee – 2014 – Present

U.S. Bankruptcy Court for the Central District of California, Bar Rules Advisory Group

Leader, Chapter 11 Plan “Subgroup One” – 2014

- Member, Payroll Form Revision Team – 2014

BASF Barrister’s Club, Secretary, Board of Directors - 2012 – 2013

- Member, Board of Directors – 2011 – 2013

- Liaison to State Bar Conference of Delegates Committee – 2012 – 2013

- Liaison to Criminal Law & Government Section – 2011 – 2013

- Liaison to Construction Law Section – 2011 – 2012

- Chair, Business, Commercial & Bankruptcy Section – 2010 – 2011

Vice Chair, Business, Commercial & Bankruptcy Section – 2009 – 2010

BASF Consumer Debt Clinic, Outstanding Volunteer Award - 2010

Outstanding Volunteer Award – 2009

Super Lawyers Magazine, Rising Star - 2012 – 2015

Northern District Judicial Conference (Invited by Federal Judges) - 2012 – 2014

San Francisco Magazine, Northern California’s Outstanding Young Lawyers - 2012 – 2014

NOTABLE PUBLICATIONS

“Getting to the Core of Arbitration in Bankruptcy,” San Francisco Attorney Magazine, Spring 2015

Numerous articles for Legal by the Bay, the Bar Association of San Francisco’s blog (blog.sfbar.org), including “Lien Priorities Altered When One Creditor Breaches Fiduciary Duties to Another,” January 21, 2015

“Enforcement of Non-Debtor Releases in International Insolvency Proceedings,” State Bar of California Business Law News, Issue 2 (July) 2014

Numerous articles for the Bar Association of San Francisco’s Bulletin, including “The Business Judgment Rule in the Central District of California,” March, 2014

“Discharging Trust-Related Claims in Bankruptcy,” Bar Association of San Francisco Continuing Legal Education Program Self Study Examinations, February, 2014

“The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) recently upheld summary judgment in favor of a creditor under Bankruptcy Code Section 523(a)(6), excepting from discharge debts for willful and malicious injury, in which the bankruptcy court applied issue preclusion to a California trial court’s findings of actual fraudulent transfer,” Bankruptcy e-Bulletin, State Bar of California Business Law Section, Insolvency Law Committee, January 28, 2014

“The United States Court of Appeals for the Ninth Circuit has ruled that a Chapter 7 debtor lost her California homestead exemption when she failed to reinvest the proceeds within six months of a post-petition sale,” Bankruptcy e-Bulletin, State Bar of California Business Law Section, Insolvency Law Committee, May 9, 2012

“’Hamilton v. Lanning’ Redefines Consumer Bankruptcy Practice,” The Recorder, Vol. 134, No. 112, July 5, 2010

“Supreme Court Rules Section 526(a)(4)’s Limitation on Advice to Debtors is Constitutional,” Bankruptcy e-Bulletin, State Bar of California Business Law Section, Insolvency Law Committee, March 12, 2010 (un-credited co-author)

“Bankruptcy Code’s ‘Homestead Cap’ May Not Apply To Property Acquired More Than 1215 Days Pre-Petition Even If Debtor Established Residency More Recently,” Bankruptcy e-Bulletin, State Bar of California Business Law Section, Insolvency Law Committee, November 24, 2009

“Almond Growers Beat Secured Lenders in Priorities Fight,” Non-Sequitur, Stanislaus County Bar Association Newsletter, December, 2006


EDUCATION:

Golden Gate University School of Law, Juris Doctorate
Witkin Award in Community Property
CALI Award for Excellence in Community Property
CALI Award for Excellence in Special Problems in Contracts and Torts
CALI Award for Excellence in Intermediate Legal Writing
Dean's List

University of California at Berkeley, Bachelor of Arts, Philosophy