About me
Ed is a founding member of the firm of Marshack Hays LLP. He graduated with honors from California State University at Fullerton in 1989 with a Bachelor of Arts degree in Business. He graduated from the University of Southern California Law Center in 1992 where he was a member of the Hale Moot Court Honors program. Mr. Hays was admitted to practice in 1992. Ed has been certified as a bankruptcy law specialist by the State Bar of California.
Ed focuses his practice on bankruptcy and litigation matters. In 2020, he was the President of the California Bankruptcy Forum. In 2000 and 2017, he served as Chair of the Commercial Law & Bankruptcy Section of the Orange County Bar Association. He also has served as a Director or member of the following organizations: the Inland Empire Bankruptcy Forum; the Orange County Bankruptcy Forum; the William P. Gray Legion Lex American Inns of Court, the Federal Bar Association, and the Executive Council for the College of Business at Cal State Fullerton. In 1998 and 1999, Mr. Hays also served as a Judge Pro Tem for the Superior Court of the State of California, County of Los Angeles. Ed has been selected on numerous occasions to present continuing education lectures on various legal topics including bankruptcy, litigation, exemptions, and legal research. He has spoken at the National Conference of Bankruptcy Judges, the National Association of Bankruptcy Trustees, the National Association of Consumer Bankruptcy Attorneys, the California Bankruptcy Forum, the Orange County Bankruptcy Forum, the Inland Empire Bankruptcy Forum, the Orange County Bar Association, and the Office of the United States Trustee for multiple Regions. He also served on the Central District Task Force for Amendments to the Local Bankruptcy Rules.
Ed’s published cases include:
In re Brace, 9 Cal.5th 903 (Cal. Supreme Court 2020)
Marshack v. Eisenhower Carlson (In re Eagan Avenatti), 659 B.R. 214 (Bankr. C.D. Cal. 2024)
In re Vill. Oaks Senior Care, 664 B.R. 170 (Bankr. E.D. Cal. 2024)
Avery v. Gia Phu Garment Fashion (In re Kody Branch), 657 B.R. 120 (Bankr. C.D. Cal. 2024)
Namba v. Jafroodi (In re Jafroodi), 651 B.R. 13 (Bankr. C.D. Cal. 2023)
Richards v. Marshack (In re Richards), 644 B.R. 544 (Distr. C.D.Cal. 2022)
Legal Serv. Bureau, Inc. v. Orange Cnty. Bail Bonds, Inc. (In re Orange Cnty. Bail Bonds, Inc.),
638 B.R. 137 (9th Cir. BAP 2022)
In re Eagan Avenatti, LLP, 637 B.R. 502 (Bankr. C.D.Cal. 2022)
Patow v. Marshack (In re Patow), 632 B.R. 195 (9th Cir. BAP 2021)
In re Brace, 979 F.3d 1228 (9th Cir. 2020)
In re Nolan, 618 B.R. 860 (Bankr. C.D.Cal. 2020)
Jue v. Liu (In re Liu), 611 B.R. 864 (9th Cir. BAP 2020)
Naylor v. Farrell (In re Farrell), 610 B.R. 317 (Bankr. C.D.Cal. 2019)
In re Roger, 393 F.Supp.3d 940 (Distr. Cal. 2019)
Brace v. Speier, 908 F.3d 531 (9th Cor. 2018)
Slaieh v. Simons, 548 B.R. 28 (Distr. Cal. 2018)
Cal. Corr. Peace Officers Ass’n Ben. Trust Fund v. Corbett (In re Corbett),
2017 U.S.Dist. Lexis 108925 (E.D. Cal. 2017)
Brace v. Speier (In re Brace), 566 B.R. 13 (9th Cir. BAP 2017)
In re DRI Cos. v. Sunwize Techs. Inc. (In re DRI Cos.), 552 B.R. 195 (Bankr. C.D.Cal. 2016)
Stahl v. Whelan Elec., Inc. (In re Modtech Holdings), 503 B.R. 737 (Bankr. C.D.Cal. 2013)
In re Cusimano, 2013 WL 9736597 (Bankr. C.D.Cal. 2013)
In re Cass, 476 B.R. 602 (Bankr. C.D.Cal. 2012)
In re Four Star Financial Services, Inc.,
444 B.R. 428 (Bankr. C.D.Cal. 2011) rev’d 469 B.R. 30 (D.Cal. 2012)
In re Rinard, 415 B.R. 12 (Bankr. C.D.Cal. 2011)
In re Dick Cepek, 339 B.R. 730 (9th Cir. BAP 2006)
In re Dudley, 249 F.3d 1170 (9th Cir. 2001)
In re Kim, 257 B.R. 680 (9th Cir. BAP 2000)
In re Kuraishi, 237 B.R. 172 (Bankr. C.D.Cal. 1999)
Blonder v. Cumberland Engineering, (1999) 71 Cal.App.4th 1057, 84 Cal.Rptr.2d 216
In re Metz, 225 B.R. 173 (9th Cir. BAP 1998)
In re National Environmental Waste Corporation, 191 B.R. 832 (Bankr. C.D.Cal. 1996) aff’d 129 F.3d 1052 (9th Cir. 1997)
In re Turner, 186 B.R. 108 (9th Cir. BAP 1995)
In re Continental Capital & Credit, 158 B.R. 828 (Bankr. C.D.Cal. 1993)
Ed and his wife, Sarah Cate Hays, have also co-authored the following law review articles published in the California Bankruptcy Journal:
• The Client Without a Remedy and the Windfall Estate – The Case for Debtor Ownership of Malpractice Claims Against Bankruptcy Counsel (32 Cal. Bank. J. 65 (2012));
• The Same Love – Marriage Equality in Bankruptcy Post-DOMA and the Evolving Rights of Registered Domestic Partners (33 Cal. Bank. J. 49 (2014)); and
• Good Help Is Hard to Fund: The Problem of Earned Upon Receipt Retainers and Pre-Funded Litigation in Bankruptcy (33 Cal. Bankr. J. 421 (2016)).
