Reno Fernandez
Macdonald Fernandez LLP
Macdonald Fernandez LLP is a law firm focusing on commercial bankruptcy, turnaround and insolvency litigation, including receiverships and assignments for the benefit of creditors, throughout California and pro hac vice in New York and Delaware, the Souther.
- Our clients range from enterprises with assets or amounts in controversy exceeding $100 million to small businesses, including technology companies, biotechnology companies, startups, mortgage funds, national and regional banks, retail chains, medical clinics, residential care facilities for the elderly, farms, wineries, restaurants, churches, developers and manufacturers.
- In one example, we imposed a receivership over an operating almond reprocessing facility (one of only a handful in the world) and turned valueless almond-byproduct supplies into valuable inventory, resulting in a recovery for creditors.
- We have handled unique and challenging distressed asset sales, including an operating marina, a large YMCA, modern apartment complexes, commercial land, intellectual property, equipment and portfolios of loans secured by development property located in several states.
- We have prosecuted and defended fraudulent transfer, preference and other avoidance actions as well as nondischargeability actions, relief-from-stay trials and other litigation.
- We have handled appeals before the District Courts for the Northern and Eastern Districts of California, the Bankruptcy Appellate Panel and the Court of Appeals for the Ninth Circuit.
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
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 – 2015
Member, Payroll Form Revision Team 2014 – 2015
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
Northern District Judicial Conference 2012 – 2014
Super Lawyers Magazine, Rising Star 2012 – 2014
San Francisco Magazine, Northern California’s Outstanding Young Lawyers 2012 – 2014
NOTABLE PUBLICATIONS
Numerous articles for Legal by the Bay, the Bar Association of San Francisco’s blog
“Enforcement of Non-Debtor Releases in International Insolvency Proceedings,” State Bar of California Business Law News, Issue 2 (July) 2014
“The Business Judgment Rule in the Central District of California,” The Bar Association of San Francisco Bulletin, 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
“Changing the Light at the End of the Tunnel,” The Bar Association of San Francisco Bulletin, April, 2013
“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)
“Innovation and Controversy in Loan Modification Practice,” The Bar Association of San Francisco Bulletin, November, 2009
“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
NOTABLE SPEAKING ENGAGEMENTS
“Tax, Regulatory and Bankruptcy Issues in Arbitration,” Bar Association of San Francisco, Arbitration Committee, Pending September 19, 2014
“Chapter 11 in a Nutshell,” California State Bar Annual Meeting, September 11, 2014
“’Show Me the Note’ and Other Recent Developments in California Foreclosure Law and Deficiencies,” California State Bar Annual Meeting, September 16, 2011
“Landlord-Tenant Law & Bankruptcy,” Sterling Education Services, Inc., August 11, 2011
“Bankruptcy Resources for Financial Educators,” Federal Reserve Bank of San Francisco, Financial Education Network of San Francisco, May 27, 2010
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