#506

ARBITRATION AND BANKRUPTCY


--- 1.0 CLE Credit for AZ,CA,CT,FL,ID,IL,NJ,NY,PA,WA
--- bankruptcy / debtor / creditor - bankruptcy – business
--- course production date: 5/5/2015
--- presented by RENO F.R. FERNANDEZ III

RENO F.R. FERNANDEZ III
This CLE course covers the intersection of arbitration and bankruptcy, which is a complex and challenging area but presents opportunities for sharp attorneys to gain significant advantages.

We cover both the impact of arbitration awards entered prior to bankruptcy (including res judicata and issue preclusion issues and their impact on the debtor's discharge) as well as enforcing arbitration clauses in bankruptcy.

For creditors' counsel, the practitioner who knows how to enforce an arbitration clause in bankruptcy will be lightyears ahead, and it is essential for debtors' counsel to master this area or suffer surprise, prejudice and increased costs and effort.

Key course points are:
• Steps how to how to "Bankruptcy proof" your arbitration.
• Learn about the impact of arbitration awards entered prior to bankruptcy, including res judicata and issue preclusion issues and their impact on the debtor's discharge.
• Mastering the intersection of arbitration and bankruptcy presents opportunities for sharp attorneys to gain significant advantages.
• Learn how to enforce (and prevent enforcement) of an arbitration clause in bankruptcy.


--- 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