Robert S. Marticello

Partner

ROBERT S. MARTICELLO, a partner of Smiley Wang‑Ekvall, LLP, concentrates his practice on bankruptcy/insolvency matters and business and bankruptcy-related litigation. He represents chapter 11 debtors, committees, secured and unsecured creditors, equity holders, trustees, asset purchasers, and others in chapter 7 and chapter 11 bankruptcy cases and out-of-court restructurings.  He has represented clients in a broad range of industries, such as real estate, non profit, retail, restaurant, and technology and has represented clients in multiple forums throughout the United States.  Mr. Marticello is also experienced in representing plaintiffs and defendants in bankruptcy avoidance actions and plaintiffs in nondischargeability actions. Mr. Marticello has been recognized as a “Rising Star” in Super Lawyers Magazine and was selected to participate in the National Conference of Bankruptcy Judges’ Next Generation Program, which is designed for 40 “up and coming” bankruptcy attorneys in the country. Mr. Marticello served as the law clerk to the Honorable John E. Ryan, United States Bankruptcy Judge for the Central District of California, from August 2005 to February 2007, and to the Honorable Robert N. Kwan, United States Bankruptcy Judge for the Central District of California, from March to August 2007. Prior to serving as a law clerk, Mr. Marticello received his undergraduate degree from California State University Chico and his law degree from Californian Western School of Law in 2005, where he graduated magna cum laude and was a member of the California Western Law Review. Mr. Marticello is currently serving as the President of the California Bankruptcy Forum.  Mr. Marticello was a Director of the Orange County Bankruptcy Forum from 2008-2011, and its President from 2010-2011.

Professional Activities

  • President, California Bankruptcy Forum, 2015-2016
  • Director, California Bankruptcy Forum, 2009-present
  • President, Orange County Bankruptcy Forum, 2010-2011
  • Director, Orange County Bankruptcy Forum, 2008-2011

Speaking Engagements

  • Panelist, Judicial Estoppel and Bankruptcy Cases: Inconsistent Positions, Judicial Integrity, and Unfair Advantage
    Ninth Circuit Judicial Conference
    2017
  • Speaker, The Allowance of “Defense Fees” in the Wake of the U.S. Supreme Court’s Decision in Baker Botts
    Central District Conference of Judges and Lawyer Representatives, Bankruptcy Breakout Session
    2017
  • Panelist, Valuation Issues in Bankruptcy
    Ninth Circuit Conference of Chief Bankruptcy Judges and Lawyer Representatives
    2017
  • Speaker, Chapter 11 Recent Developments
    Orange County Bar Association Commercial Law & Bankruptcy Section
    2014
  • Moderator, Asset Sales in Bankruptcy
    Orange County Bar Association Commercial Law & Bankruptcy Section
    2012
  • Speaker, Rules of the Game: Sports Teams in Bankruptcy
    Peter Elliott American Inn of Court
    2011

Publications

Practice Areas

Bankruptcy, Workouts and Insolvency Matters, and Commercial Litigation

Awards/Recognition

  • Southern California Super Lawyers Rising Star
  • National Conference of Bankruptcy Judges Next Generation Program

Education

  • California Western School of Law, Juris Doctor
    2005
  • California State University, Chico, B.A. Psychology
    2001

Judicial Clerkships

  • Hon. Robert N. Kwan - United States Bankruptcy Court, Central District of California
    2007
  • Hon. John E. Ryan - United States Bankruptcy Court, Central District of California
    2005-2007

Admissions

  • California State Bar
  • Ninth Circuit Court of Appeals
  • United States District Courts for the Central, Southern, Eastern and Northern Districts of California

Memberships/Associations

  • American Bankruptcy Institute
  • Orange County Bankruptcy Forum
  • Orange County Bar Association