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

Capabilities

Experience

  • 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
  • Represented as debtor’s counsel six different publicly traded and privately owned national retailers, a developer of a high-end residential resort community with nearly $1 billion in liabilities, and a publicly traded manufacturer of “Class A” motor homes.°
  • Represented senior secured lender and asset purchaser of Souplantation and Sweet Tomatoes, and asset purchaser of Hot Dog on a Stick.°
  • Represented senior secured ABL lender in connection with its $80 million pre-petition ABL facility and $80 million DIP ABL facility in the pre-packaged chapter 11 case of iQor.
  • Represented defendants in two different multi-billion dollar fraudulent transfer cases arising out of LBOs and spinoffs.°
  • Represented in approximately fifty appeals a debtor in mass asbestos bankruptcy case with over $1 billion in 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 hedge fund in connection with a $1.6 billion note and guaranty in the chapter 11 case of Lehman Brothers.°
  • Represented liquidating trustee of 137-bed acute care hospital debtor.°
  • Represented trustee of a commercial real estate developer, including in litigation with the co-owners of the real estate holding companies and in the sale of the commercial real estate.°

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

Recognition & Leadership

  • Listed, Best Lawyers®, Bankruptcy and Creditor-Debtor Rights, Insolvency and Reorganization Law, 2019-2022
    • Listed, "Lawyer of the Year," Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law, Orange County, 2022
  • Listed, Super Lawyers Magazine, Southern California Super Lawyers, “Super Lawyer,” 2015-2021
    • “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.

  • Turnaround Management Association Southern California Chapter
    • Vice President, 2021 
    • Secretary, 2020
    • Board Member, 2018-Present
  • American Bankruptcy Institute
    • Co-Chair, Bankruptcy Battleground West, 2021-Present 
    • Advisory Board Member, Bankruptcy Battleground West Conference, 2015-2017, 2020-Present
    • Advisory Board Member, Southwest Bankruptcy Conference, 2017-2019
    • Communications Manager, Commercial and Regulatory Law Committee, 2019-2021
  • California Bankruptcy Forum
    • Board Member, 2019-Present
    • Co-Chair, 28th Annual Insolvency Conference, 2016
  • Los Angeles Bankruptcy Forum
    • Vice President, 2021-Present 
    • Program Chair, 2020-2021
    • Secretary, 2019-2020
    • Board Member, 2015-Present
  • Orange County Bankruptcy Forum
    •  Board Member, 2018-2021
  • Mediation Program for the U.S. Bankruptcy Court for the Central District of California
    • Pro Bono Volunteer Mediator, 2013-Present
  • Mediation Program for the U.S. Bankruptcy Court for the Southern District of California
    • Pro Bono Volunteer Mediator, 2018-Present

Credentials

Education
  • J.D., University of California at Los Angeles, School of Law
    • Order of the Coif
    • Editor, UCLA Law Review
  • B.A., magna cum laude, University of California at Los Angeles
Clerkships
  • U.S. Bankruptcy Court for the Central District of California, 2005-2007
Admissions
  • California
  • District of Columbia
  • New York
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • Supreme Court of the United States