General Law

Bankruptcy Pitfalls for Litigators

Virtually every litigator will encounter bankruptcy at least once in his or her career. A case may be filed by an opposing party or your own client, sometimes without your knowledge. There are traps here as well as opportunities.

~ For example, when a bankruptcy trustee is appointed, do you lose your client? Not necessarily, but you must act quickly if you want to avoid disgorging your fees!
~ Does bankruptcy stop the entire litigation? Not necessarily, and there are opportunities for essentially free discovery in bankruptcy for the sharp-eyed litigator.
~ If bankruptcy is inevitable for your client, can it be folded into a litigation strategy? Absolutely, and indeed the proceedings should be coordinated. Address this early while there are more options!

Reno Fernandez of Macdonald Fernandez
Reno F.R. Fernandez III
Macdonald Fernandez, San Francisco, California

Mr. Fernandez is a commercial bankruptcy attorney focusing on business reorganization, creditor recovery, trustee representation, receiverships, assignments for the benefit of creditors, wind-up and dissolution and litigation. Lately, he is particularly fond of defending innocent investors in Ponzi schemes against fraudulent transfer actions brought by receivers and bankruptcy trustees. Mr. Fernandez represents commercial landlords and tenants, technology and biotech companies, banks, credit unions, hedge funds, retail chains, clinics and doctors, care homes, marinas, farms and wineries, restaurants, gymnasiums, non-profits, religious organizations, developers and manufacturers. Among other leadership roles, he serves on the executive committee of the State Bar’s Business Law Section, is a past chair of its Insolvency Law Committee, is a past chair of the Commercial Law and Bankruptcy Section of the Bar Association of San Francisco and is a past director of the Bay Area Bankruptcy Forum. Among other outlets, Mr. Fernandez occasionally publishes articles in the Business Law News, which is the magazine of the Business Law Section.


Michael Shklovsky
Anderson Zeigler, Santa Rosa, California

Mr. Shklovsky is a seasoned trial attorney with extensive experience in all facets of civil litigation, and a Director at Anderson Zeigler. His practice focuses on representing both plaintiffs and defendants in business, employment, real estate and intellectual property disputes. Mr. Shklovsky has successfully obtained verdicts in both jury and bench trials, and has prevailed in mediation and arbitration. He has also authored several writ petitions and appeals.

Mr. Shklovsky is actively involved in the Bay Area legal community. He regularly teaches MCLE classes on the mechanics of civil litigation and related subjects. Starting in 2014, Mr. Shklovsky has served for three years as the Chair of the Alameda County Bar Association’s Trial Practice Section. He is also the Editor-in-Chief of the Section’s Newsletter. Mr. Shklovsky also served on the Civil Bench Bar Section the Education Committee of the Sonoma County Bar Association. In October of 2016, Mr. Shklovsky was appointed to the Business Litigation Committee of the Business Law Section of the California State Bar Association. He frequently represents indigent clients on a pro bono or reduced fee basis. Mr. Shklovsky was recognized as a Northern California Rising Star in Business Litigation by the Super Lawyers Magazine in 2015, 2016 and 2017.

Date: Monday, April 30, 2018

Time: Check-In: 3:15 pm; Presentation: 3:30—5:00 pm

Reno F.R. Fernandez III, Macdonald Fernandez, San Francisco, California
Michael Shklovsky, Anderson Zeigler, Santa Rosa, California

Place: SCBA Office, 111 Santa Rosa Ave., Ste. 222, Santa Rosa, CA 95404.

Parking for this seminar is ONLY available in the Public Parking Garage at 555 First Street. Do not park in the parking lot at 111 Santa Rosa Avenue.

Registration Fee: $60–SCBA Members; $75–Public

MCLE: 1.5 Units Participatory Credit in General Law

Student: $20 (The student discount is now available online for SCBA Student Members. Students who are not members of SCBA may utilize the student discount by downloading the registration form and submitting it with proof of current enrollment to the SCBA Offices. For more information on becoming a member of SCBA, please contact Susan Demers at (707) 542-1190 ext. 18.)

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