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.

This year, 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 is the second time in five years that Mr. Marticello has 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 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

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

• 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