M. Jonathan Hayes concentrates his practice in bankruptcy and corporate - business litigation. He has represented many Chapter 11 debtors, businesses and individuals, and effected many successful reorganization plans. Mr. Hayes has prosecuted and defended complaints to declare debts non-dischargeable, to deny the discharge and other bankruptcy related litigation matters. He has defended several fraudulent conveyance actions brought by trustees in so-called Ponzi schemes. He has filed many Chapter 7 and Chapter 13 petitions for clients and has handled many bankruptcies that are commenced because of tax problems of the debtors.
From 2009 through 2012, Mr. Hayes has filed or otherwise taken dozens of Chapter 11 cases for individuals primarily trying to save their homes and other real property. In the past, he has represented three franchisees in the Econo-Lube bankruptcy filing adversary proceedings, demanding more than $10 million in total and settling each successfully. He represented the Creditor's Committee in the Lucy's Laundry Mart and SBB Roofing Chapter 11 cases. He was lead counsel for the Creditor's Committee in the Breath Asure, Inc. Chapter 11 and the B.C. Oil, Inc. Chapter 11.
Mr. Hayes' recent Chapter 11 cases include representing a 66-room hotel in Laguna Beach; a small trucking company; a medical clinic; a company that owned two Baskin Robbins stores; a former major league baseball player with $40 million in assets; a company which had 27 lawsuits pending against it on the date of filing being defended by the debtor's insurance company; a company which owns 20 oil wells; a company which owned a large hotel in Culver City which was sold during the case for $25 million, a "dot com" company; a condominium Homeowners Association fending off a $9 million judgment creditor; a furniture manufacturing company ($4 million annual sales); a chain of carpet stores ($10 million annual sales); an employment company ($30 million in annual sales); a wireless entertainment equipment sales company; a litigation attorney; a sunglass wholesaling company; a bait tank and machine shop; and a small commercial center.
Mr. Hayes has prosecuted and defended several bankruptcy appeals to the Bankruptcy Appellate Panel and to the 9th Circuit Court of Appeals. He successfully represented an attorney against the Securities and Exchange Commission in the 9th Circuit Court of Appeals case of In re Sherman, 658 F.3d 1009 (9th Cir 2011). He was "on the brief" for the NACBA Amicus brief in the Kagenveama case in 2007 and for a group of professors in the Penrod case in 2010.
Mr. Hayes is been a member of the panel of mediators of the Bankruptcy Mediation Program for the Central District of California.
Mr. Hayes has been an Adjunct Professor of Law at the University of West Los Angeles (previously University of LaVerne School of Law) for the past 22 years where he has taught Bankruptcy, Business Organizations, Contracts, Advanced Bankruptcy Issues, Commercial Law, and Taxation. Before that he was on the faculty of Whittier School of Law for four years.
Mr. Hayes previously wrote a monthly column, "Judicial Profiles" for the San Fernando Valley Bar Association magazine, "Bar Notes," on judges in the San Fernando Valley. He maintains a blog at www.centraldistrictinsider.com
Mr. Hayes is married and has four children and has lived in the San Fernando Valley since 1985.
Certified Legal Specialties
- Certified Bankruptcy Specialist, California Bar Association, Board of Legal Specialization, 2007
- Dispute Resolution, Straus Institute for Dispute Resolution, Pepperdine School of Law, 1995
- "A Summary of Bankruptcy Law" , Second Edition, 2012
- "Bankruptcy Jurisprudence from the Supreme Court" , 2009
- "My 40 Years with the Blues Legends: Autobiography of Deacon Jones" , 2004
- "The Section 1111(b) Election: A Primer" , California Bankruptcy Journal, December, 2011
- "How Does an Above-Median Chapter 13 Debtor Compute Her Plan Payments?", Preview of the United States Supreme Court Cases, American Bar Association, Issue No. 6, Vol. 37, 2010
- "11 U.S.C. §523(a)(19) Application of Denial of Discharge to Securities Law Violators" , American Bar Association, Journal of the Bankruptcy and Insolvency Committee, Vol. 15, No. 3, Summer , 2009
- "A Chapter 13 Primer for the Non-Chapter 13 Bankruptcy Attorney" , California Bankruptcy Journal, January, 2009
- "Chapter 7 Bad Faith, Substantial Abuse and Dismissal with Prejudice: Totality of the Circumstances Needs to be Rethunk" , California Bankruptcy Journal, January, 2005
- "The Expanding Liability of Corporate Directors and Officers: Now You Have to Worry About "In the Vicinity of Insolvency" , A Judicially Created Gun for Creditors, with Morton S. Rosen, California Bankruptcy Journal, March, 2004
- "Attorneys Should Follow Simple Bankruptcy Law Rules of Thumb" , Los Angeles Daily Journal, August 30, 2002
- "The Bankruptcy Discharge: It's Not As Easy As It Looks" , California Bankruptcy Journal, October, 2000
- "Formulating and Confirming a Chapter 11 Plan of Reorganization" , Journal of Legal Advocacy & Practice, University of La Verne School of Law, Volume 2, 2000
- "Fighting the Abusive Chapter 13? , Los Angeles Daily Journal
- "A Review of 9th Circuit Published Decisions on Bankruptcy" , the California Bar Assn Annual Meeting on October 13, 2012 with Bankruptcy Judge Charles Novack, San Jose.
- Nuts and Bolts of Consumer Bankruptcy, University of West Los Angeles MCLE Program, June 3 and 4, 2011 and June 1 and 2, 2012 with James T. King.
- "Individual Chapter 11 Cases: The Good, the Bad, and the Ugly" , Pepperdine Law Journal Symposium with Judge Thomas Donovan, Kenneth Lau, and Prof. Mark Scarberry; March 27, 2012.
- Nuts and Bolts of Chapter 11 Bankruptcy, University of West Los Angeles MCLE Program, October 15, 2010.
- Nuts and Bolts of Bankruptcy, University of West Los Angeles MCLE Program, May 15 and 16, 2010.
- "A Review of 9th Circuit Published Decisions on Bankruptcy", Los Angeles County Bar Assn presentations on September 26, 2006 with retired Bankruptcy Judge Lisa Hill Fenning; October 17, 2007 with Bankruptcy Judge Samuel Bufford; and November 17, 2009 with Bo Bollinger and Aram Ordubegian.
- "A Review of 9th Circuit Published Decisions on Bankruptcy" , Central District Consumer Bankruptcy Attorneys Assn ("cdcbaa") on March 27, 2007 with Bankruptcy Judge Victoria Kaufman; on January 26, 2008 with Chief Bankruptcy Judge Vincent Zurzolo; on February 21, 2009 with Judge Meredith Jury; on January 30, 2010 with Judge Erithe Smith; on January 20, 2011 with Judge Maureen Tighe, and on January 21, 2012 with Judge Sandra Klein.
- "Bankruptcy Litigation: A Nondischargeability Defense Overview & Training"; , with Judge Thomas Donovan, Jason Wallach and David Golubchick, May 6, 2003.
Honors and Awards
- Most Frequently Chosen Mediator, Central District of California, 2000 - 2001
- Mr. Hayes received the William J. Lazarow Award from Public Counsel and the Debtor Assistance Project for Outstanding Pro Bono Service to the Community; June 21, 2012
Professional Associations and Memberships
- California Bankruptcy Journal, Board of Editors , 2001 - Present
- the Central District Consumer Bankruptcy Attorneys Association (CDCBAA), President and a member of the Board of Directors , 2004 - Present
- Board of Directors of the Los Angeles Bankruptcy Forum, Member, 2013 - Present
- California State Bar Board of Legal Specialization, Bankruptcy Law Advisory Commission, which prepares the bi-annual examination for candidates for legal specialization and chooses those who are entitled to be certified. , Member
Past Employment Positions
- Haight, Brown & Bonesteel, LLP, Partner, 2001 - 2004