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David M. Guess

David M. Guess focuses on business bankruptcy cases, out-of-court workouts, and bankruptcy litigation. He represents debtors, secured and unsecured creditors, asset purchasers, trustees, committees, liquidation and litigation trusts, fraudulent transfer defendants, landlords, and others. David has particular experience in real estate, hospital, skilled nursing facility, retail, and restaurant bankruptcies, bankruptcy appeals, and fraudulent transfer litigation arising from failed LBOs and spinoffs.

Capabilities

Experience

  • Represented retailers Wet Seal, PacSun, Sport Chalet, Eastern Mountain Sports, and Bob’s Stores as debtor’s counsel in their respective chapter 11 cases.°
  • Represented as debtor’s counsel manufacturer of “Class A” motor homes.°
  • Represented the secured lender and asset purchaser of Souplantation and Sweet Tomatoes and the asset purchaser of Hot Dog on a Stick.°
  • Represented Anadarko, Kerr-McGee, and the selling shareholders of Samson Investment Co. in the multibillion-dollar fraudulent transfer cases against them arising out of LBOs and spinoffs.°
  • Represented in approximately fifty appeals a bankrupt mechanical insulation contractor with over $1 billion in claimed asbestos-related liabilities.°
  • Represented 420-bed acute care hospital debtor in appeals from its chapter 11 plan confirmation order, and represented purchaser of assets of aerospace and defense company debtor in appeal from bankruptcy court sale approval order.°
  • Represented the bankrupt developer of Lake Las Vegas, an approximately 4,000-acre high-end residential resort community, which had nearly $1 billion in liabilities.°
  • Represented a hedge fund with a partial beneficial interest in over $1.6 billion in note and guaranty claims in the chapter 11 case of Lehman Brothers.°
  • Represented liquidating trustee of 137-bed acute care hospital debtor.°
  • Represented the trustee of a commercial real estate developer, leading the litigation with the co-owners of the real estate holding companies and the sale of the commercial real estate.°

°The above representations were handled by Mr. Guess prior to his joining Greenberg Traurig, LLP.

  • California Real Estate Broker (License ID 01781558)
  • Extern, Hon. Thomas B. Donovan, U.S. Bankruptcy Court for the Central District of California, 2004
  • Extern, Hon. David G. Sills, California Court of Appeal, Fourth District, Division Three, 2003

Recognition & Leadership

  • Listed, Best Lawyers®, Bankruptcy and Creditor-Debtor Rights, Insolvency and Reorganization Law, 2019
  • Listed, Super Lawyers Magazine, Southern California Super Lawyers, “Super Lawyer,” 2015-2019
    • “Rising Star,” 2009-2014
  • Listed, American Bankruptcy Institute, “Top 40 Under 40” Emerging Leader in the Insolvency Practice, 2018
  • Team Member, M&A Advisor Turnaround Awards, Chapter 11 Reorganization of the Year (Over $100MM to $250MM), Chapter 11 Reorganization of PacSun, 2017
  • Team Member, M&A Advisor Turnaround Awards, Restructuring Deal of the Year (Over $100MM to $250MM), Restructuring of PacSun, 2017
  • Team Member, M&A Advisor Turnaround Awards, Chapter 11 Reorganization of the Year (Under $500MM), Chapter 11 of The Wet Seal LLC, 2015
  • Martindale-Hubbell, Rated AV Preeminent®

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Advisory Board Member, American Bankruptcy Institute Southwest Bankruptcy Conference, 2017-Present
  • Advisory Board Member, American Bankruptcy Institute Bankruptcy Battleground West Conference, 2015-2017, 2019-Present
  • Communications Manager, American Bankruptcy Institute Commercial and Regulatory Law Committee, 2019-Present
  • Turnaround Management Association Southern California Chapter
    • Secretary Elect, term commencing in 2020
    • Board Member, 2018-Present
  • Board Member, California Bankruptcy Forum, 2019-Present
  • Los Angeles Bankruptcy Forum
    • Secretary, 2019-Present
    • Board Member, 2015-Present
  • Board Member, Orange County Bankruptcy Forum, 2018-Present
  • Pro Bono Volunteer Mediator for the Mediation Program for the U.S. Bankruptcy Court for the Central District of California, 2013-Present
  • Pro Bono Volunteer Mediator for the Mediation Program for the U.S. Bankruptcy Court for the Southern District of California, 2018-Present
  • Co-Chair, California Bankruptcy Forum 28th Annual Insolvency Conference, 2016

Credentials

Education
  • J.D., University of California at Los Angeles, School of Law, 2005
    • Order of the Coif
    • Editor, UCLA Law Review
  • B.A., magna cum laude, University of California at Los Angeles, 2001
Clerkships
  • Hon. Maureen A. Tighe, U.S. Bankruptcy Court for the Central District of California, 2005-2007
Admissions
  • California
  • New York
  • District of Columbia