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David M. Guess

Partner

David focuses his practice on bankruptcy and corporate restructuring matters.

Overview

David has over a decade of experience in bankruptcy and corporate restructuring and bankruptcy litigation. His main practice area is bankruptcy and corporate restructuring. He is involved in cases at both the regional and national level. He has been on virtually every side of a bankruptcy case, giving him unique insights into the players and the process. He represents debtors, secured and unsecured creditors, asset purchasers, trustees, creditors’ committees, litigation trusts, fraudulent transfer and preference defendants, landlords, and others.

David has been named by the American Bankruptcy Institute as a 2018 “Top 40 Under 40” emerging leader in the insolvency practice, in Best Lawyers® for his work in bankruptcy and creditor-debtor rights, insolvency and reorganization law, as a Super Lawyers® honoree in Super Lawyers® Magazine (So. Cal. Edition). and is AV Preeminent Rated by Martindale-Hubbell.  He is a member of the boards of directors of the Southern California Chapter of the Turnaround Management Association and of the Los Angeles and Orange County Bankruptcy Forums.  He has been an advisory board member and panel producer for various bankruptcy conferences, and has spoken at bankruptcy conferences and at other educational events hosted by the American Bankruptcy Institute, the California Bankruptcy Forum, the Financial Lawyers Conference, and the Los Angeles Bankruptcy Forum.  He was a Conference Co-Chair of the California Bankruptcy Forum.  David is on the panels of pro bono volunteer mediators for the U.S. Bankruptcy Courts for the Central and Southern Districts of California.  

David formerly served as a law clerk to the Honorable Maureen A. Tighe of the United States Bankruptcy Court for the Central District of California. He also served as a judicial extern to both Los Angeles Bankruptcy Judge Thomas B. Donovan (senior status) and to the late Honorable David G. Sills, Presiding Justice of the California Court of Appeal, Fourth District, Division Three, sitting in Santa Ana, California. 

David is licensed to practice law in California, New York and the District of Columbia, and to appear before the Supreme Court of the United States and the U.S. Court of Appeals for the Second, Third, and Ninth Circuits. He is also a licensed real estate broker.

David received his law degree from UCLA School of Law, where he graduated Order of the Coif (fourth in his class) and was an Editor with UCLA Law Review, and his undergraduate degrees in History and Slavic Languages and Literatures from UCLA.

 

 

 

 

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Representative Matters

  • Wet Seal, PacSun, Sport Chalet, Eastern Mountain Sports, and Bob’s Stores as debtor’s counsel in their chapter 11 cases.
  • The lender and successful bidder of Souplantation and Sweet Tomatoes and the successful bidder of Hot Dog on a Stick.
  • Anadarko, Kerr-McGee, and the selling shareholders of Samson Investment Co. in the multi-billion dollar fraudulent transfer cases against them.
  • A bankrupt mechanical insulation contractor with over $1 billion in claimed asbestos-related liabilities in approximately 50 appeals.
  • The bankrupt developer of an approximately 4,000-acre up-scale resort development with nearly $1 billion in claimed liabilities.
  • A hedge fund in connection with over $1.6 billion in note and guaranty claims in the Lehman Brothers case.
  • A 420-bed acute care hospital debtor in appeals from the chapter 11 plan confirmation order in its chapter 11 case.
  • A purchaser of assets of an aerospace and defense company debtor in appeals from the order approving the bankruptcy sale of its assets.
  • The chapter 7 trustee and chapter 11 trustee of a real estate developer with valuable, but hard-to-monetize, fractional interests in limited liability companies and limited partnerships owning over $100 million in commercial real estate.
  • A manufacturer of “Class A” motor homes as debtor’s counsel in its chapter 11 case.

Professional Recognition

  • Named by the American Bankruptcy Institute as a 2018 “Top 40 Under 40” emerging leader in the insolvency practice
  • Named by Best Lawyers® for his work in bankruptcy and creditor-debtor rights, insolvency, and reorganization law
  • Recognized as a Super Lawyers® honoree in Super Lawyers® Magazine (So. Cal. Edition)
  • Selected as a Super Lawyers® “Rising Star” from 2009 to 2014
  • AV Preeminent Rated by Martindale-Hubbell