Robert S. Marticello

Partner

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.
 


Best Lawyers Award Badge

Professional Activities

  • Board Member, Federal Bar Association, Orange County Chapter, 2021-Present
  • Board Member, Turnaround Management Association Southern California Chapter, 2022-2023
  • Co-Chair, American Bankruptcy Institute Business Reorganization Committee
  • Co-Chair of the Lawyer Representatives to the Ninth Circuit Judicial Conference, 2018-Present
  • Director, Orange County Bankruptcy Forum, 2008-2011
  • President, California Bankruptcy Forum, 2015-2016
  • Officer, California Bankruptcy Forum, 2012-2016
  • Director, California Bankruptcy Forum, 2009-2017
  • President, Orange County Bankruptcy Forum, 2010-2011

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

Practice Areas

Bankruptcy, Workouts and Insolvency Matters, and Commercial Litigation

Awards/Recognition

Education

Judicial Clerkships

Admissions

Memberships/Associations