Mr. David Matthew Guess

Mr. David Matthew Guess: Attorney with Bienert | Katzman PC AV stamp icon
Attorney Awards


David has over a decade of experience in bankruptcy and corporate restructuring and bankruptcy litigation. His main practice area is bankruptcy and corporate restructuring. He is involved in cases at both the regional and national level. He has been on virtually every side of a bankruptcy case, giving him unique insights into the players and the process. He represents debtors, secured and unsecured creditors, asset purchasers, trustees, creditors’ committees, litigation trusts, fraudulent transfer and preference defendants, landlords, and others.

David has been named by the American Bankruptcy Institute as a 2018 “Top 40 Under 40” emerging leader in the insolvency practice, in Best Lawyers® for his work in bankruptcy and creditor-debtor rights, insolvency and reorganization law, as a Super Lawyers® honoree in Super Lawyers® Magazine (So. Cal. Edition) and is AV Preeminent Rated by Martindale-Hubbell. He is a member of the boards of directors of the Southern California Chapter of the Turnaround Management Association and the Los Angeles and Orange County Bankruptcy Forums. He has been an advisory board member and panel producer for various bankruptcy conferences, and has spoken at bankruptcy conferences and at other educational events hosted by the American Bankruptcy Institute, the California Bankruptcy Forum, the Financial Lawyers Conference, and the Los Angeles Bankruptcy Forum. He was a Conference Co-Chair of the California Bankruptcy Forum. David is on the panels of pro bono volunteer mediators for the U.S. Bankruptcy Courts for the Central and Southern Districts of California.

David formerly served as a law clerk to the Honorable Maureen A. Tighe of the United States Bankruptcy Court for the Central District of California. He also served as a judicial extern to both Los Angeles Bankruptcy Judge Thomas B. Donovan (senior status) and to the late Honorable David G. Sills, Presiding Justice of the California Court of Appeal, Fourth District, Division Three, sitting in Santa Ana, California.

David is licensed to practice law in California, New York and the District of Columbia, and to appear before the Supreme Court of the United States and the U.S. Court of Appeals for the Second, Third, and Ninth Circuits. He is also a licensed real estate broker.

David received his law degree from UCLA School of Law, where he graduated Order of the Coif (fourth in his class) and was an Editor with UCLA Law Review, and his undergraduate degrees in History and Slavic Languages and Literatures from UCLA.

Areas of Practice (17)

  • Bankruptcy
  • Bankruptcy Chapter 11
  • Bankruptcy Reorganization
  • Commercial Bankruptcy
  • Commercial Real Estate Bankruptcy
  • Insolvency
  • Commercial Insolvency
  • Out of Court Debt Restructuring
  • Pre-Bankruptcy Workouts
  • Commercial Real Estate Workouts
  • Debtor and Creditor
  • Debtor Bankruptcy
  • Creditor Bankruptcy
  • Creditors Rights in Bankruptcy
  • Bankruptcy Litigation
  • Fraudulent Conveyance
  • Appellate Practice

Education & Credentials

Contact Information:
949-484-6853  Phone
949-369-3700  Phone
949-369-3701  Fax
University Attended:
UCLA, B.A., magna cum laude, 2001
Law School Attended:
UCLA School of Law, J.D., Order of the Coif; UCLA School of Law, Jeffrey S. Turner Outstanding Commercial Law Student Award, Los Angeles County Bar Association, Commercial Law & Bankruptcy Section, 2005
Year of First Admission:
2008, U.S. Court of Appeals, Ninth Circuit; 2014, U.S. Court of Appeals, Second Circuit; 2007, U.S. District Court, Central, Southern, Northern and Eastern Districts of California; 2012, U.S. Court of Appeals, Third Circuit; 2014, U.S. District Court, Southern District of New York; 2012, District of Columbia; 2005, California; 2013, New York; 2009, U.S. Supreme Court
American Bankruptcy Institute (Advisory Board Member, Southwest Bankruptcy Conference); Turnaround Management Association (Board Member, Southern California Chapter); California Bankruptcy Forum (Co-Chair, 28th Annual Insolvency Conference); Los Angeles Bankruptcy Forum (Board Member); Orange County Bankruptcy Forum (Board Member); Financial Lawyers Conference; California Receivers Forum; Los Angeles County Bar Association; Orange County Bar Association; State Bar of California; The District of Columbia Bar; New York State Bar Association
Special Agencies:

Reported Cases:
In re Samson Res. Corp., No. 15-11934 (BLS), 2018 WL 4182447 (Bankr. D. Del. Aug. 30, 2018); 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); In re Ala. Aircraft Indus., Inc., 514 Fed. Appx. 193 (3d Cir. 2013); In re Ala. Aircraft Indus., Inc., 464 B.R. 120 (D. Del. 2012); In re Thorpe Insulation Co., 677 F.3d 869 (9th Cir. 2012); In re Thorpe Insulation Co., 671 F.3d 1011 (9th Cir. 2012); In re Brotman Med. Ctr., 442 Fed. Appx. 317 (9th Cir. 2011); In re Thorpe Insulation Co., 393 Fed. Appx. 467 (9th Cir. 2010); In re Thorpe Insulation Co., 392 Fed. Appx. 549 (9th Cir. 2010)
􀂃 Represented Wet Seal, PacSun, Sport Chalet, Eastern Mountain Sports, and Bob’s Stores as debtor’s counsel in their respective chapter 11 cases
􀂃 Represented the lender and successful bidder of Souplantation and Sweet Tomatoes and the successful bidder of Hot Dog on a Stick
􀂃 Represented Anadarko, Kerr-McGee, and the selling shareholders of Samson Investment Co. in the multi-billion dollar fraudulent transfer cases against them
􀂃 Represented in approximately fifty appeals a bankrupt mechanical insulation contractor with over $1 billion in claimed asbestos-related liabilities
􀂃 Represented the bankrupt developer of an approximately 4,000-acre up-scale resort development with nearly $1 billion in claimed liabilities
􀂃 Represented a hedge fund in connection with over $1.6 billion in note and guaranty claims in the Lehman Brothers case
􀂃 Represented 420-bed acute care hospital debtor in appeals from the confirmation order in its case and represented purchaser of assets of aerospace and defense company debtor in appeal from sale approval order
􀂃 Represented the trustee of a real estate developer with valuable, but hard-to-monetize, fractional interests in limited liability companies and limited partnerships owning commercial real estate
􀂃 Represented as debtor’s counsel manufacturer of “Class A” motor homes
Hobbies & interests:

Payment Information:
  • Credit cards accepted
  • Accepts Visa, MasterCard, American Express and Discover
  • Free Initial Consultation
  • Fixed Hourly Rates
  • Fixed Fees Available

Peer Reviews

4.9/5.0 (22 reviews)
High ethical standing icon
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

  • Analytical Capability

  • Judgment

  • Communication

  • Legal Experience

  • 5.0/5.0 Rated by a Judge on 10/28/11 in Bankruptcy

    I have known David very well for seven years, worked with him extensively on high level, complex, sophisticated matters. He is one of the very finest, brightest, capable, decent and thoughtful people and lawyers I have ever met in my 76 years.

    I have known David very well for seven years, worked with him extensively on high level, complex, sophisticated matters. He is one of the very finest, brightest, capable, decent and thoughtful people and lawyers I have ever met in my 76 years. Read less

    Read less
  • 5.0/5.0 Rated by a Judge on 11/07/11 in Bankruptcy

    Truly one of the outstanding bankruptcy attorneys I know. Amazingly keen intellect, clear and concise writing ability and insightful judgment.

    Truly one of the outstanding bankruptcy attorneys I know. Amazingly keen intellect, clear and concise writing ability and insightful judgment. Read less

    Read less

*Peer Reviews provided before April 15, 2008 are not displayed.

San Clemente, California

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