Mark S. Bostick

Mark has more than 35 years of experience focused on insolvency law, representing trustees, debtors, creditors and other interested parties in all forms of insolvency proceedings and out-of-court workouts. In 2018, he served as the Chair of the Bankruptcy Section for the Alameda County Bar Association and as Co-Chair of the Committee of Lawyer and Trustee Representatives of the United States Bankruptcy Court for the Northern District of California.

Prior to entering private practice in 1983, Mark clerked for the Honorable Robert L. Hughes, Bankruptcy Judge (Oakland) and former Chief Judge for the Bankruptcy Appellate Panel for Ninth Circuit.

Education

  • J.D., University of San Francisco, School of Law
  • B.A., University of California, Berkeley

AREAS OF PRACTICE

Our business and finance attorneys represent national, regional and local clients participating in significant transactions.

One of the largest and most active bankruptcy and creditors’ rights legal practices in the Southwest and California, representing clients locally, regionally, and nationally.

OTHER EXPERIENCE

  • Bankruptcy

REPRESENTATIVE CASES

  • In re Golden, 789 F.2d 698 (9th Cir. 1986) holding that a bankruptcy trustee may recover un-reinvested homestead sale proceeds despite the lack of objection to the debtor’s exemption claim.
  • In re Serrato, 214 B.R. 219 (Bankr. N.D. Cal. 1997) finding that an unsecured debt of $1 existing on date of transfer is sufficient to avoid fraudulent transfer under 11 U.S. C. §544(b).

AWARDS AND HONORS

  • Northern California Super Lawyers®, 2006-2021
  • AV® Preeminent™ Peer Review Rated by Martindale Hubbell

ARTICLES AND PRESENTATIONS

  • Author, “California Mechanics Liens and Related Construction Remedies,” CEB, 2019-2021
  • Author, “Syllabus for Bankruptcy for Litigators 101(A)”, Alameda County Bar Association, 2017
  • Presenter, “Bankruptcy 101A for Litigators,” Alameda County Bar Association and Contra Costa County Bar Association, March 1, 2017
  • Editor, “California Mortgage in Deed of Trust Practice, Bankruptcy Section,” CEB, 2007-2016
  • Author, “How to Avoid Needlessly Exposing a Client’s Assets to Creditors in an Estate Plan or Trust,” Wendel Rosen LLP, October 2015
  • Author, “Startup Entrepreneurs Should Plan for Success But Prepare for Failure: Do You Have a Plan B?” Wendel Rosen LLP, September 2015
  • Presenter, “How Trusts and Estates Attorneys Can Avoid Exposing Clients’ Assets to Creditors in Estate Plans,” East Bay Trusts and Estates Lawyers, April 8, 2015

PROFESSIONAL AND COMMUNITY ACTIVITIES

  • Member, Committee, Bankruptcy Court for the Northern District of California
  • Member, California Bankruptcy Forum
  • Member, San Francisco County Bar Association
  • Member, National Association of Bankruptcy Trustees
  • Member, American Bankruptcy Institute

Admissions

  • California