Marcus O. Colabianchi

practices in the areas of bankruptcy and creditors' rights, and real estate law in the San Francisco office of Duane Morris.

Mr. Colabianchi's bankruptcy and creditors' rights practice includes representing secured and unsecured creditors, financial institutions, business debtors, chapter 7 and chapter 11 trustees, committees, leasing companies, and receivers in all facets of corporate bankruptcy cases and litigation. He handles a variety of complex litigation, workout, restructuring and insolvency matters for lenders and special servicers for REMIC trusts involving Commercial Mortgage Backed Securities (CMBS) loans. Mr. Colabianchi also serves as oversight counsel for special servicers in bankruptcy cases in multiple jurisdictions and states.

Mr. Colabianchi's real estate practice includes representation of commercial developers, owners, landlords, tenants, lenders and borrowers in all aspects of disputes concerning commercial properties. His practice includes resolving disputes involving complex commercial lease defaults, breaches of guaranties, mortgage fraud, real estate secured transaction issues, lender liability issues, easements, eminent domain issues and other real estate-related issues.

Regardless of the matter or industry, Mr. Colabianchi handles each case in a cost-efficient manner designed to obtain results consistent with each client’s business interests and legal objectives.

Publications and Speaking Engagements

Selected Publications

•Quoted, Forever 21 Plots a Comeback: RETAIL: After Chapter 11, Chain Plans Ecommerce Rebirth, Los Angeles Business Journal, October 7, 2019
•Quoted, Forever 21 Files for Chapter 11 Bankruptcy Protection, California Apparel News, September 30, 2019

• Case Analysis: Benzeeb Inc. v. UST-United States Trustee, Woodland Hills, No. 18-1185, 2019 WL 1096334 (9th Cir. BAP Mar. 6, 2019), Insolvency e-Bulletin, Insol. L. Comm., Bus. L. Sec., Cal Lawyers Association (September 24, 2019)

•Co-author, U.S. District Court Reverses Bankruptcy Court Order That Disallowed Default Interest to Commercial Lender Under California Law, The Real Estate Finance Journal, Summer 2019

•Co-author, U.S. District Court Reverses Bankruptcy Court Order That Disallowed Default Interest to Commercial Lender Under California Law, Duane Morris Alert, March 20, 2019

•Co-author, Bankruptcy Court Holds That Default Interest Rate of 7 Percent Is Enforceable and Not a Penalty Against a Solvent Debtor, Duane Morris Alert, February 26, 2019

•Co-author, California Bankruptcy Court Holds That Default Interest Rate Is Unenforceable Penalty Under State Law, Duane Morris Alert, November 26, 2018

• Case Analysis: In re: Amanuel Devon Brooks, Ch. 7 Case No. 2:17-bk-15655-RK (Bankr. C.D. Cal. August 2, 2018), Insolvency e-Bulletin, Insol. L. Comm., Bus. L. Sec., Cal Lawyers Association (September 26, 2018)

• Case Analysis: In re Cresta Technology Corporation, 583 B.R. 224 (9th Cir. BAP 2018), Insolvency e-Bulletin, Insol. L. Comm., Bus. L. Sec., Cal Lawyers Association (September 19, 2018)

• Case Analysis: In re Charles Frederick Biehl, Ch. 7 Case No. 6:13-bk-26277-MH (Bankr. C.D. Cal. Jan. 16, 2018), Insolvency e-Bulletin, Insol. L. Comm., Bus. L. Sec., Cal Lawyers Association (March 28, 2018)

•Co-author, Second Circuit Permits Market Interest Rates in Cramdown Plans, Duane Morris Alert, November 9, 2017

• Case Analysis: Southern Cal. Gas Co. v. Flannery, 5 Cal. App. 4th 476 (2016), Insolvency e-Bulletin, Insol. L. Comm., Bus. L. Sec., Cal State Bar (July 25, 2017)

• Case Analysis: Sony Elecs., Inc. v. Hannstar Display Corp. (In re TFT-LCD (Flat Panel) Antitrust Litigation), 835 F.3d 1155 (9th Cir. 2016), Insolvency e-Bulletin, Insol. L. Comm., Bus. L. Sec., Cal State Bar (February 8, 2017)

•Co-author, Recent Ninth Circuit Court of Appeals Decision Renders Entz-White Void: Default Interest Can Be Collected by Secured Creditor in Connection with a Cure Under Chapter 11 Plan, Duane Morris Alert, November 9, 2016

• Case Analysis: United States Trustee v. Pynn (In re Pynn), 546 B.R. 425 (Bankr. C.D. Cal. 2016), Insolvency e-Bulletin, Insol. L. Comm., Bus. L. Sec., Cal State Bar (July 19, 2016)

•Co-author, California Bankruptcy Court Holds Debtor Cannot Argue Real Property Had Lower Value Than What Was Attributed to Debtor's Schedules and Sworn Testimony, Duane Morris Alert, February 11, 2016
•Co-author, Glaski Decision Appears to Place Lenders on Notice to Verify Accuracy and Effectiveness of Loan Assignments, Duane Morris Alert, September 10, 2013

•Co-author, Current Legal Issues Affecting the Rights of State Self Insurance Guaranty Funds, IAIABC Journal, Spring 2007, Vol. 44, No. 1

Selected Speaking Engagements

•Co-Producer, What Planet are You On? An Examination of Caselaw Influencing Corporate Debtors to Seek Bankruptcy Protection in Jurisdictions other than California, 31st Annual Conference of the California Bankruptcy Forum, 2019

•Moderator, Unique Issues for Special Servicers, Trigild Lender Conference, Hard Rock Hotel, San Diego, October 18, 2018

•Speaker, Bankruptcy Refresher: Issues Affecting Secured Lenders, Client Seminar, January 11, 2018

•Speaker, Leases: Collateral That Matters, Client Seminar, September 21, 2017
•Speaker, Bankruptcy Issues Affecting Secured Lenders, Client Seminar, April 6, 2017
•Speaker, What To Do When a Bankruptcy Case Falls On Your Desk, The State Bar of California: Solo & Small Firm Summit, 2016
•Speaker, Leases: Collateral That Matters, Client Seminar, October 20, 2016
•Speaker, Bankruptcy Refresher, Client Seminar, October 19, 2016
•Speaker, Attorney Client Privilege and Smart Communications, Client Seminar, May 7, 2015
•Speaker, Entz White, Future Media & More - 9th Circuit Bankruptcy Fun, Client Seminar, October 23, 2014
•Speaker, Bankruptcy Issues Affecting Secured Lenders, Client Seminar, July 10, 2014
•Speaker, Bankruptcy and Non-Bankruptcy Issues Affecting Secured Lenders, Client Seminar, July 17, 2013
•Co-Panelist, How to Build Your Book of Business Throughout Your Career in the Turnaround & Restructuring Profession, The Turnaround Management Association, Northern California Chapter's Next Generation Leaders Event, 2010
•Co-Panelist, The Bankruptcy Process: Appraiser/Attorney Interaction, The Appraisal Institute, Northern California Chapter's 2010 Spring Litigation Conference, 2010
•Co-Producer/Speaker, Judges' Roundtable Discussion on Venue of Business Bankruptcy Cases, 20th Annual Conference of the California Bankruptcy Forum, 2008
•Speaker, Bankruptcy Law: Strategies for Self Insurance Guaranty Funds, 92nd Annual Convention of International Association of Industrial Accident Boards & Commissions, 2006

Resume

Civic and Charitable Activities

•Boys and Girls Clubs of San Francisco
- Board of Governors, 2013-2014

•The Guardsmen (a San Francisco-based non-profit benefiting Northern California youth)
- President, 2013-2014
- Board Member, 2011-2014
- General Counsel, 2010-2011