David M. Guess

Attorney Profile

Top Rated Bankruptcy Attorney in San Clemente, CA

Bienert | Katzman PC
 | 903 Calle Amanecer, Suite 350
San Clemente, CA 92673
Phone: 949-226-6591
Fax: 949-369-3701
Selected To Super Lawyers: 2015 - 2020
Selected To Rising Stars: 2009 - 2014
Licensed Since: 2005
Practice Areas:
  • Bankruptcy: Business (50%),
  • Creditor Debtor Rights: Business (10%),
  • Civil Litigation: Defense (10%),
  • Civil Litigation: Plaintiff (10%),
  • Business Litigation (10%),
  • Appellate (10%)
Attorney Profile

David M. Guess is a partner at Bienert | Katzman PC, and focuses his practice on business bankruptcy. He is based out of Southern California and represents businesses in bankruptcy matters throughout the country. Prior to joining Bienert | Katzman PC, Mr. Guess was a partner at Klee, Tuchin, Bogdanoff & Stern LLP, one of the nation's preeminent bankruptcy law firms.

Mr. Guess has been licensed to practice law since 2005. He is admitted in California, New York and the District of Columbia, as well as before all California federal and bankruptcy courts, the U.S. Court of Appeals for the 2nd, 3rd and 9th Circuits, the U.S. District Court for the Southern District of New York and the U.S. Bankruptcy Court for the Southern District of New York.

Over the course of his career, Mr. Guess has represented debtors, secured and unsecured creditors, creditors' committees, asset purchasers, landlords, litigation trusts and trustees in chapter 11 bankruptcy matters. He has written articles and spoken on bankruptcy topics at events put on by the American Bankruptcy Institute, the California Bankruptcy Forum, the Los Angeles Bankruptcy Forum, and the Financial Lawyers Conference.

Mr. Guess has been recognized for his accomplishments. In addition to being a Southern California Super Lawyer, he has been recognized by the American Bankruptcy Institute as a 2018 "Top 40 Under 40" emerging leader in the insolvency practice and by The Best Lawyers in America for his work in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. He is AV Preeminent* rated by the peer review organization Martindale-Hubbell and in 2017 his team received a “Chapter 11 reorganization of the year” award at the 11th annual M&A Advisor Turnaround Awards.

After graduating magna cum laude with bachelor’s degrees in history and Slavic languages and literatures from UCLA, Mr. Guess earned his law degree from UCLA School of Law. He belongs to the Order of the Coif, is also a licensed real estate broker and serves as a pro bono mediator for the U.S. Bankruptcy Courts for the Central and Southern Districts of California.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

 
Practice Areas
Lawyer Practice Area Pie Chart

Bankruptcy (50%): Bankruptcy Law

Creditor Debtor Rights (10%)

Civil Litigation (10%)

Civil Litigation (10%)

Business Litigation (10%)

Appellate (10%): Appeals

Focus Areas

Bankruptcy Law, Appeals

Selections

Selected to Super Lawyers for 6 yearsmiddle-imageSelected to Rising Stars for 6 years

Super Lawyers: 2015 - 2020 Rising Stars: 2009 - 2014

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About David Guess

Admitted: 2005, California

Professional Webpage: https://www.bmkattorneys.com/our-team/david-m-guess/

Honors/Awards:

  • AV Preeminent Rated, Martindale-Hubbell, since 2015
  • Chapter 11 Reorganization of the Year (Under $500MM) for Chapter 11 of The Wet Seal LLC, 10th Annual M&A Advisor Turnaround Awards, 2016
  • "Top 40 Under 40" Emerging Leader in Insolvency Practice, American Bankruptcy Institute, 2018
  • Jeffrey S. Turner Outstanding Commercial Law Student Award, Los Angeles County Bar Association, Commercial Law & Bankruptcy Section, 2005
  • Super Lawyer, Super Lawyers Magazine, So. Cal. Edition, since 2015
  • Chapter 11 Reorganization of the Year (Over $100MM to $250MM), Chapter 11 Reorganization of Pacific Sunwear, and Restructuring Deal of the Year (Over $100MM to $250MM), Restructuring of Pacific Sunwear, 11th Annual M&A Advisor Turnaround Awards, 2017
  • For Work in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, The Best Lawyers in America, 2019

Bar/Professional Activity:

  • District of Columbia
  • Orange County Bar Association
  • New York
  • Orange County Bankruptcy Forum, Board Member, 2018-Present
  • American Bankruptcy Institute, Advisory Board Member to Southwest Bankruptcy Conference
  • California Bankruptcy Forum, Co-Chair to 28th Annual Insolvency Conference, 2016
  • Turnaround Management Association (Southern California Chapter), Board Member, 2018-Present
  • California
  • Los Angeles Bankruptcy Forum, Board Member, 2015-Present

Pro bono/Community Service:

  • Pro Bono Mediator, U.S. Bankruptcy Court for Southern District of California
  • Pro Bono Mediator, U.S. Bankruptcy Court for Central District of California

Scholarly Lectures/Writings:

  • Author, Exposing the Convert’s Loophole: Postdischarge Conversion as an Abuse of the Bankruptcy Process, 2005 ANN. SURVEY BANKR. L. 505, 2005
  • Author, Disregarding The Mona Lisa’s Disappearing Mustache: An Analysis into the Increased Judicial Scrutiny of the Tax Treatment of Family Limited Partnership Interests, 32 W. ST. U. L. REV. 177, 2005
  • Speaker, LLC Membership Interests as Collateral and as Property of the Bankruptcy Estate: Value More "Limited" Than You May Think, Financial Lawyers Conference, 2014
  • Speaker, The Latest Crush: Revisions to the UFTA and Other Insolvency Laws, California Bankruptcy Forum 27th Annual Insolvency Conference, 2015
  • Speaker, Bankruptcy & Arbitration: Conflicting Policies, Uncertain Results, Los Angeles Bankruptcy Forum, 2015
  • Speaker, Judges’ “Shark Tank” Panel, American Bankruptcy Institute Bankruptcy Battleground West, 2016
  • Speaker, Retail Bankruptcies: Steps to Salvage Business in Advance (or Instead) of Filing, American Bankruptcy Institute Winter Leadership Conference, 2016

Verdicts/Settlements:

  • Represented insulation distributor with mass-asbestos liabilities in approximately 50 appeals from its chapter 11 bankruptcy case. Opinions arising from these appeals include Cont'l Ins. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 671 F.3d 1011 (9th Cir. 2012), Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 677 F.3d 869 (9th Cir. 2012), Nat'l Fire Ins. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 393 Fed. Appx. 467 (9th Cir. 2010), Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.), 392 Fed. Appx. 549 (9th Cir. 2010), In re Thorpe Insulation Co., Case No. CV 11-668-DSF, 2011 U.S. Dist. LEXIS 38879 (C.D. Cal. Apr. 11, 2011), and In re Thorpe Insulation Co., Case No. CV 10-1493 DSF, 2010 U.S. Dist. LEXIS 104196 (C.D. Cal. Sept. 21, 2010).
  • Represented Anadarko and Kerr-McGee in multi-billion dollar fraudulent transfer cases against them.  See In re Tronox Inc., 855 F.3d 84 (2d Cir. 2017); In re Tronox Inc., 549 B.R. 21 (S.D.N.Y. 2016); In re Tronox Inc., 503 B.R. 239 (Bankr. S.D.N.Y. 2013).
  • Represented Culver City hospital in appeal from order confirming its chapter 11 plan of reorganization. See Prime Healthcare Servs., LLC v. Brotman Med. Ctr. (In re Brotman Med. Ctr.), 442 Fed. Appx. 317 (9th Cir. 2011).
  • Represented purchaser of assets of aerospace and defense company in appeal from order authorizing sale and establishment of litigation trust. See Boeing Co. v. Kaiser Aircraft Indus., Inc. (In re Alabama Aircraft Indus., Inc.), 514 Fed. Appx. 193 (3d Cir. 2013); Boeing Co. v. Kaiser Aircraft Indus., Inc. (In re Alabama Aircraft Indus., Inc.), 464 B.R. 120 (D. Del. 2012).
  • Represented Samson Energy Company, LLC and former owners of Samson Investment Company in multi-billion dollar fraudulent transfer cases against them.  In re Samson Res. Corp., No. 15-11934 (BLS), 2018 WL 4182447 (Bankr. D. Del. Aug. 30, 2018).

Representative Clients:

  • Sport Chalet
  • PacSun
  • Wet Seal
  • Eastern Mountain Sports
  • Bob’s Stores

Educational Background:

  • UCLA, B.A., Major: History; Major: Slavic Languages & Literatures; Honors: magna cum laude, 2001
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Comments

  • “David is a superb lawyer both in and out of court. He is aggressive but at the same time focused on achieving practical solutions.”
  • “Among the most intelligent and knowledgeable bankruptcy attorneys in the city”
  • “David Guess is a sharp strategist and fine appellate lawyer.”
  • “A terrific young bankruptcy lawyer who is on everyone's watch list.”

These comments were made by fellow attorneys during the annual nomination process.

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Office Location for David M. Guess

903 Calle Amanecer
Suite 350
San Clemente, CA 92673

Phone: 949-226-6591

Fax: 949-369-3701

David M. Guess:

Last Updated: 9/10/2019

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