Marcus O. Colabianchi
Partner
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Phone: +1 415 957 3101
- Duane Morris LLP
Spear Tower
One Market Plaza, Suite 2200
San Francisco, CA 94105-1127
USA
Marcus O. Colabianchi practices in the areas of bankruptcy and creditors' rights, and real estate law in the San Francisco office of Duane Morris. He also serves on the firm's Professional Standards Committee, which, among other tasks, evaluates and presents candidates for elevation to partnership.
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.
Selected Publications
- Co-author, "Third Circuit Appeals Court: Solvent Debtors Are Responsible for Contract Rate Interest and Make-Whole Fees," Duane Morris Alert, September 25, 2024
- Co-author, "Honchariw Case May Greatly Affect Default Loans In Calif.," Law360, March 21, 2023
- Co-author, "California Court of Appeal Invalidates Default Interest Provision on Nonconsumer Loan," Duane Morris Alert, November 4, 2022
- Co-author, "Lender Liability Is Alive and Well, As Recent Bankruptcy Case Shows," The Banking Law Journal, November-December 2022
- Co-author, "Lender Liability Is Alive and Well, As Recent Bankruptcy Case Shows," Duane Morris Alert, July 14, 2022
- 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
- Speaker, "M&A in Higher Education: A View from the Trenches," Association of Jesuit Colleges & Universities - Finance Officer and General Counsel Conference, October 7, 2022
- Speaker, "Bankruptcy 101: General Bankruptcy," Client Seminar, September 7, 2022
- Speaker, "Bankruptcy 201: Issues Affecting Secured Creditors,” Client Seminar, May 27, 2021
- Speaker, "Bankruptcy 101: General Bankruptcy," Client Seminar, May 26, 2021
- Speaker, "Bankruptcy 101: General Bankruptcy,” Client Seminar, April 28, 2020
- Speaker, "Bankruptcy 101 & Bankruptcy 201," Client Seminar, Webinar, April 2020
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
Areas of Practice
- Business Reorganization and Financial Restructuring
- Creditors' Rights and Advisory Services
- Real Estate
Admissions
- California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Southern District of California
Education
- Santa Clara University School of Law, J.D.
- Comments Editor, Santa Clara Law Review - University of Southern California, B.S.
Professional Activities
State Bar of California/California Lawyers Association
- Business Law Section
-- Insolvency Law Committee (10/15 to Present)
---- Co-Chair (9/18 to 9/19)
---- Co-Vice Chair (9/17 to 9/18)
---- Education Subcommittee Co-Chair (10/16 to 8/17)- Bar Association of San Francisco
- California Receivers' Forum
- Bay Area Bankruptcy Forum
- Board Member, 2008-2011 - Northern District of California Bankruptcy Court's Bench-Bar Liaison Committee, 2006-2010
- Co-Chairman of Committee, 2008-2009
Honors and Awards
- Listed in The Best Lawyers in America, 2023-2025
Civic and Charitable Activities
- First Tee of San Francisco
- Board of Directors, 2022 to Present - The Olympic Club (a San Francisco based athletic club)
- President, 2021
- Board Member, 2019-2021 - 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