Sharon Z. Weiss Partner Los Angeles T: +1 310 576 2276 E: sharon.weiss@bryancave.com Sharon Weiss brings an exceptional breadth of local, state, and national level bankruptcy community ties to her insolvency practice. Through these substantive relationships, including those with co-counsel, adversaries, and clients, Ms. Weiss has attained a base of experience from which she serves as a true client advocate. She offers her clients the personal attention and warmth of her small firm background combined with the added benefits of the firm s wide array of department resources. Practices Bankruptcy, Restructuring and Creditors' Rights Commercial Litigation Admissions California, 1993 United States Supreme Court United States Court of Appeals for the Ninth Circuit United States District Courts for the District of Colorado, and Central, Eastern, Northern and Southern Districts of California Page 1 of 7
Ms. Weiss has extensive experience in a wide area of insolvency matters from various perspectives, including representation of creditors, individual and corporate debtors, trustees, and creditors committees. She has served as lead trial counsel in bankruptcy and Education Southwestern University, J.D., 1993 University of California-Irvine, B.A., 1990 commercial litigation, including alternative dispute resolution, and has considerable experience in handling fraud and Ponzi scheme litigation and bankruptcy appeals, which have resulted in published Ninth Circuit opinions. Her clients include parties engaged in banking, real estate, consumer electronics, healthcare, restaurant, garment, entertainment, and retail sales industries. Ms. Weiss has served as lead counsel in out-of-court workouts and in the bankruptcy courts in cases involving such varied issues as disputed asset sales and financing, the avoiding powers, executory contracts, pension plans, claims priority, plan confirmation, surcharges, and the court s inherent powers. Ms. Weiss was recognized as one of the Top Women Lawyers in California by the Daily Journal in 2013 and as a notable practitioner in Chambers USA since 2012 in the California bankruptcy and restructuring practice area. She frequently speaks on panels regarding insolvency-related topics. Ms. Weiss has organized dozens of programs and panels and delivered presentations to industry groups such as the California Society of CPAs and The Alternative Board. She is also invited annually to speak to the Women in the Law Seminar Class at Southwestern University School of Law in Los Angeles, California. Page 2 of 7
Civic Involvement & Honors Daily Journal Top Women Lawyers in California, 2013 Chambers USA Bankruptcy/Restructuring: California, 2012-2014 Kathryn R. Heidt Memorial Award, ABA Section of Business Law Business Bankruptcy Committee, 2008 (first recipient) Bankruptcy Law360, Outstanding Woman Bankruptcy Lawyer, 2007 Southern California Super Lawyers, 2005-2015 Congregation Or Ami - Member, Board of Directors, June 2015 - present Professional Affiliations A B A B usine ss L aw Se c t io n Bankruptcy Court Structures and Insolvency Process Committee - Chair, 2014 to present Business Bankruptcy Committee Kathryn R. Heidt Memorial Award Selection committee, Co-Chair, 2013 to present; Programs subcommittee, Co-Chair, 2007-2013; Executory Contracts subcommittee, Vice Chair, 2004-2007; Membership subcommittee, Co-Chair, 2002-2004; Litigation subcommittee, Vice Chair, 2001-2002 Diversity Committee - Content Director, 2011-present; Secretary, 2011-2013; Women s Business Law Network subcommittee, Co-Chair, 2008-2011; Law Student and Young Lawyer Involvement subcommittee, Chair, 2005-2008. Page 3 of 7
Calif o r nia B ankr upt c y F o r um President, 2012-2013; Conference Co-Chair, 2008-2009; Program Book Co-Chair, 2006-2007. L o s A ng e le s B ankr upt c y F o r um Board of Directors, 2010-2013 A me r ic an B ankr upt c y I nst it ut e Healthcare Subcommittee; Membership Chair, 2013-present; Listserv Facilitator, 2010-2013 I nt e r nat io nal Wome n's I nso lve nc y and R e st r uc t ur ing Conf e de r at io n, member R e st r uc t ur ing and I nso lve nc y P r o f e ssio nals o f So ut he r n Calif o r nia, Co-Founder Appointed to the Bankruptcy Mediation Program Panel for the United States Bankruptcy Court, Central District of California, 2006-present Appointed an Attorney Settlement Officer for the United States District Court, Central of California, 2007-present Representative Experience I nt e r nat io nal I nso lve nc y Page 4 of 7
Special counsel in Chapter 11 bankruptcy case pending in Dayton, Ohio to protect Debtor s assets in Germany from collection efforts by its major creditor. F iduc iar y Appointed as the Plan Agent responsible to distribute $2 million to creditors for the emscharts bankruptcy case which was pending in Pittsburgh, Pennsylvania. P o nz i Sc he me L it ig at io n / A vo idanc e A c t io ns Successfully represented client to resolve alleged fraudulent transfer action commenced by Federal Receiver. Represented successor Chapter 7 trustee to prosecute Ponzi scheme avoidance actions before the bankruptcy court and on appellate review. B ankr upt c y Case s and Cr e dit o r R ig ht s R e pr e se nt at io n Successfully represented lender as Plaintiff in adversary proceeding to substantively consolidate 7 non-debtor entities and 3 non-debtor individuals into chapter 7 estate. Successfully represented lender in chapter 11 bankruptcy estate to enforce creditor s rights regarding whether the automatic stay tolls the right of redemption subsequent to a judicial foreclosure. Represent several media vendors in KSL bankruptcy estate to defend proofs of claim and collection demands by chapter 7 trustee related to media vendor s advance payment of money placement services and media buys. Successfully represented Imagine Nation in Wisconsin Bankruptcy Court to enforce prepetition judgment for fraud and embezzlement. Represented JLG Industries in chapter 11 proceedings and related chapter 7 bankruptcy case of guarantor, which resulted in non-dischargeable judgment for more than $4.5 million. Page 5 of 7
Represented a wholesale distributor as member of creditor s committee in the RCR Plumbing and Mechanical Chapter 11 bankruptcy case. Represented Tully s Coffee (prior to its own Chapter 11 proceedings) to enforce its rights against Debtor for violations of franchising law and intellectual property. Represented the architect for a large mix use resident/retail real estate development known as The Concerto located in the heart of downtown Los Angeles, to enforce its mechanic lien and intellectual property rights. Represented founder, President, and Chief Executive Officer of a distributor of consumer electronics with gross revenues of approximately $20 million in connection with all facets of companies Chapter 11 bankruptcy cases, including critical strategic planning with respect to $45 million federal court judgment against Debtor-companies and their President. H e alt h Car e Represented health care specialty client to enforce and recover outstanding secured loans from various insolvent health care facilities. P ur c hase r s o f A sse t s o f D ist r e sse d Companie s Successfully represented buyer of assets and acquirer of claim in technology oriented bankruptcy proceeding. Represented buyer as a stocking horse bidder in its purchase of six warehouses for almost $40 million from the RadioShack bankruptcy estate. Cor po r at e Go ve r nanc e Represented members of the board of directors regarding their fiduciary duties during company s insolvency and distressed sale process. P ublishe d O pinio ns Page 6 of 7
Lead bankruptcy counsel for major financial institution in Chapter 7 bankruptcy. Bankruptcy court granted Plaintiff summary judgment to substantively consolidate 7 nondebtor entities and 3 non-debtor individuals into chapter 7 estate. District Court affirmed bankruptcy court s judgment. Ninth Circuit appeal is pending. In re Owner Management Services, LLC, 530 B.R. 711 (Bankr. C.D. Cal. 2015). Awarded attorneys fees and cost in defending non-party recipients of subpoenas duces tecum in chapter 11 case. In re Morreale Hotels LLC, 517 B.R. 184 (Bankr. C.D. Cal. 2014). Represented chapter 7 trustee in ponzi scheme claw back avoidance actions. In re AFI Holdings, Inc., 525 F.3d 700 (9 th Cir. 2008). Ninth Circuit ruled that a bankruptcy court must first determine that property is property of the bankruptcy estate before it may authorize sale of assets. In re Rodeo Canon Development Corp., 126 Fed. Appx. 353 (9 th Cir. 2005) (case subsequently unpublished by Ninth Circuit). Successfully represented Chapter 7 Debtor in defending trustee's attempts to avoid as a fraudulent transfer $2 million pension plan. Gill v. Stern (In re Steven H. Stern), 345 F.3d 1036 (9th Cir. 2003). Ninth Circuit confirmed bankruptcy court s inherent authority to impose sanctions under 11 U.S.C. 105(a) in favor of chapter 7 trustee for willful violation of the automatic stay. In re Dyer, 322 F.3d 1178 (9 th Cir. 2003). Page 7 of 7