Reno F.R. Fernandez III
Macdonald Fernandez LLP handles business bankruptcy, reorganization and commerciMacdonald Fernandez LLP focuses on business bankruptcy, reorganization and commercial litigation, including receiverships and assignments for the benefit of creditors, throughout California and pro hac vice in Delaware, the Southern District of New York. – Our clients range from enterprises with assets or amounts in controversy exceeding $100 million to small businesses, including technology companies, biotechnology companies, startups, Bitcoin-based companies, mortgage funds, national and regional banks, retail chains, medical clinics, residential care facilities for the elderly, farms, wineries, restaurants, churches, real estate developers and manufacturers. – In one example, we imposed a receivership over an operating almond reprocessing facility (one of only a handful in the world) and turned valueless almond-byproduct supplies into valuable inventory, resulting in a recovery for creditors. – We have handled unique and challenging distressed asset sales, including an operating marina, a large YMCA, modern apartment complexes, commercial land, intellectual property, equipment and portfolios of loans secured by development property located in several states. – We have prosecuted and defended fraudulent transfer, preference and other avoidance actions as well as nondischargeability actions, relief-from-stay trials and other litigation. We have handled appeals before the District Courts for the Northern and Eastern Districts of California, the Bankruptcy Appellate Panel and the Court of Appeals for the Ninth Circuit. LEADERSHIP & AWARDS State Bar of California, Business Law Section Member, Insolvency Law Committee – 2013 – Present Chair, Constituency, Outreach and Website Subcommittee – 2014 – Present Assistant Chair, Education Subcommittee – 2013 – 2014 National Conference of Bankruptcy Judges, Next Generation Program Member, Organizing Committee – 2014 – Present Selectee – 2013 Bar Association of San Francisco (“
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Credit Cards Accepted
- California
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- 9th Circuit
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- Attorney
- Macdonald Fernandez LLP
- - Current
- Golden Gate University School of Law
- J.D. (2007) | Law
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- Honors: Witkin Award in Community Property CALI Award for Excellence in Community Property CALI Award for Excellence in Special Problems in Contracts and Torts CALI Award for Excellence in Intermediate Legal Writing Dean’s List
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- University of California - Berkeley
- B.A. (2004) | Philosophy
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- Activities: Student Advocates Office, Caseworker Member Advocate, Berkeley Student Co-ops
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- Rising Star
- Super Lawyers Magazine
- Super Lawyers Magazine, Rising Star, 2015
- 2014 California Excellence Award
- United States Institute for Advancement of Trade and Commerce
- Macdonald Fernandez LLP Receives USIATC's California Excellence Award for 2014
- Rising Star
- Super Lawyers Magazine
- Super Lawyers Magazine, Rising Star, 2014
- Northern California’s Outstanding Young Lawyers
- San Francisco Magazine
- San Francisco Magazine, Northern California’s Outstanding Young Lawyers, 2014
- Rising Star
- Super Lawyers Magazine
- Super Lawyers Magazine, Rising Star, 2013
- U.S. Bankruptcy Court for the Central District of California, Bar Rules Advisory Group
- Member
- - Current
- Activities: Leader, Chapter 11 Plan “Subgroup One” – 2014 Member, Payroll Form Revision Team – 2014
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- National Conference of Bankruptcy Judges, Next Generation Program
- Member
- - Current
- Activities: Member, Organizing Committee, 2014 – Present Selectee, 2013
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- California State Bar # 251934
- Member
- - Current
- Activities: Member, Insolvency Law Committee of the Business Law Section, 2013 - Present Member, Business Law Section, 2007 - Present Member, 2007 - Present
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- Bar Association of San Francisco
- Member
- - Current
- Activities: Immediate Past Chair, Commercial Law & Bankruptcy Section – 2015 – Present Executive Committee, Business Law Section – 2015 – Present Chair, Commercial Law & Bankruptcy Section – 2012 – 2014 Member, Board of Directors – 2012 –2013 Vice Chair, Commercial Law & Bankruptcy Section – 2011 –2012
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- Bay Area Bankruptcy Forum
- Member
- - Current
- Activities: Member, Board of Directors, 2011 – Present Member, Publicity Committee, 2014 – Present
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- BASF Barrister’s Club, Secretary, Board of Directors
- Member
- - Current
- Activities: Member, Board of Directors, 2011 – 2013 Liaison to State Bar Conference of Delegates Committee, 2012 – 2013 Liaison to Criminal Law & Government Section, 2011 – 2013 Liaison to Construction Law Section, 2011 – 2012 Chair, Business, Commercial & Bankruptcy Section, 2010 – 2011
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- BASF Consumer Debt Clinic
- Volunteer
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- Activities: Outstanding Volunteer Award – 2010 Outstanding Volunteer Award – 2009
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- Getting to the Core of Arbitration in Bankruptcy
- San Francisco Attorney Magazine
- The Business Judgment Rule in the Central District of California
- Legal by the Bay
- If You Are A Spendthrift (Trust), Go To Hawaii
- Legal By the Bay
- Discharging Student Loans
- Legal by the Bay
- Bankruptcy Resources for Financial Educators
- Federal Reserve Bank of San Francisco, Financial Education Network of San Francisco
- https://www.youtube.com/watch?v=PT4tPQTkPxI&index=3&list=PLZBPA1cblWoga_JsD5ZoDhOAtCGzY37kI
- ’Show Me the Note’ and Other Recent Developments in California Foreclosure Law and Deficiencies, State Bar Annual Meeting
- California State Bar
- Chapter 11 in a Nutshell, State Bar Annual Meeting
- California State Bar
- https://calbar.inreachce.com/Details/Information/078be5f2-b8eb-4de9-8676-2ec8d47348f5
- Tax, Regulatory and Bankruptcy Issues in Arbitration
- Bar Association of San Francisco, Arbitration Committee
- Business Bankruptcy Basics
- LexVid Continuing Education
- http://www.lexvid.com/cle/business-bankruptcy-basics-cle
- Website
- macfern.com
- Blog
- California Bankruptcy Blog
- Blog Post Title
September 14, 2018
Bankruptcy Resources for Financial Educators (3 of 3)
- Q. I have a small startup that some friends/family want to invest in.
- A: Good question. The short answer is "yes." Some of the federal and state securities laws apply to all equity investments regardless of the status of the investor. However, some investments are exempt from registration, which simplifies things and saves costs. For example, private offerings of stock are exempt from registration under Section 506(b) of the Securities Act of 1933. Such private placements are exempt from registration under California state law pursuant to Corporations Code Section 25102(f). Other exemptions may apply as well. But it is important to know that: (1) each of these exemptions has other requirements that are not covered here but are crucially important; and (2) even if exempt, you must still file certain forms to let the government know you claim the exemption. For the federal government, the applicable form is "Form D." For California, the form is called a Limited Offering Exemption Notice (LOEN). Thank you.
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