Robert S. Marticello

ROBERT S. MARTICELLO is a founding partner of Smiley Wang‑Ekvall, LLP.  He concentrates his practice on business bankruptcy matters and related litigation.  Mr. Marticello represents virtually all parties in chapter 11 bankruptcy cases and out-of-court restructurings, i.e., debtors, committees, secured and unsecured creditors, equity holders, trustees, asset purchasers, and others.  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 was selected as an emerging leader by the American Bankruptcy Institute for its inaugural “40 Under 40” award.  The organization recognized him as one of the top insolvency professionals under the age of 40 in the United States.  This was the second time in five years that Mr. Marticello won a Top 40 award recognizing emerging talent.  In 2012, he 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 has also been consistently selected as a “Rising Star” in Super Lawyers Magazine and has been recognized by Best Lawyers for multiple years running.
 
Mr. Marticello is a frequent speaker and author on insolvency issues. Recently, he has presented on current and expected trends in real estate related bankruptcies and the hospitality industry.
 
Mr. Marticello has served as an officer and director of a number of professional organizations. He is currently serving as Co-Chair of the Lawyer Representatives to the Ninth Circuit Judicial Conference, and as a Director of both the Federal Bar Association (Orange County Chapter) and the Turnaround Management Association (Southern California Chapter). Mr. Marticello was the President of the California Bankruptcy Forum from 2015-2016. He was previously a Director of the Orange County Bankruptcy Forum from 2008-2011, and its President from 2010-2011.
 
Mr. Marticello served as a 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.
 

Professional Activities

Speaking Engagements

• Speaker, Key Concepts in Post-COVID Real Estate Restructurings
  American Bankruptcy Institute Webinar
  2021
  
• Speaker, Searching for Dry Land: Real Estate Bankruptcies
  33rd Annual California Bankruptcy Conference
  2021
  
• Panelist, Commercial Landlord/Tenant Issues in the Era of a Pandemic
  Orange County Bankruptcy Forum
  2021
  
• Panelist, "Flatten the Curve": A Panel Discussion on the "Novel" Issues Impacting Bankruptcy Cases Due to the COVID-19 Pandemic
  Orange County Bar Association – Commercial Law & Bankruptcy Section
  2020
  
• Speaker, COVID-19 & the Legal "Vaccine" - Discussion of Contractual Defenses in Response to the COVID-19 Pandemic
  Orange County Bar Association – Business & Corporate Section and Business Litigation Section
  2020
  
• Panelist, Current Trends and Issues in Chapter 11 Cases
  Ninth Circuit Conference of Chief Bankruptcy Judges and Lawyer Representatives
  2019
  
• Speaker, Protecting Your Client: Top Issues Every Corporate Attorney Should Know About Bankruptcy
  Orange County Bar Association
  2019
  
• Speaker, Bankruptcy Fundamentals for Business Litigators
  Orange County Bar Association
  2019
  
• Panelist, Crossfire
  ABI Battlegroup West
  2019
  
• 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

• Author, The New Year Could Be the Hardest One Yet for the Hotel Industry
  Worth
  01-12-2022
  
• Author, Bankruptcy is a Last Resort: Here Are Some Other Steps to Take During the Coronavirus Pandemic
  Los Angeles Daily Journal
  03-27-2020
  
• Author, Bankruptcy Code Offers Relief to (Very) Small Businesses
  Los Angeles Daily Journal
  09-04-2019
  
• Author, Bankruptcy Can Provide Landlords a Safe Harbor from Retail Storm
  Chain Store Age
  02-20-2019
  
• Author, Sears' Biggest Sale (Itself) Offers Valuable Lessons for Retail
  Law 360
  01-16-2019
  
• Author, Is Consignment Enough?
  Supply Chain World
  07-11-2016
  
• Author, Bankruptcy Can Help Tech Firms Survive an Impending Bubble and Preserve Value
  CEOWORLD Magazine
  05-09-2016
  
• Author, Learn from Sports Authority Bankruptcy
  Los Angeles Daily Journal
  04-15-2016
  
• Author, Retail Bankruptcies on the Rise: How to Avoid Becoming a Statistic
  Apparel
  02-24-2016
  
• Co-Author, Sports Team Bankruptcies: Home Runs or Strikeouts?
  Los Angeles Daily Journal
  2011