About the Authors
Roger Bernhardt (1934–2019) received his B.A., M.A., and J.D. degrees from the University of Chicago and was Emeritus Professor of Law at Golden Gate University, San Francisco. He was also the editor of CEB’s California Real Property Law Reporter and the author of numerous real property titles. Admitted to practice law in both California and New York, Professor Bernhardt was a member of the American Law Institute, the American College of Real Estate Lawyers, and the American College of Mortgage Attorneys.
Charles A. Hansen, B.A., 1973, University of California, Los Angeles; J.D., 1977, University of California, Berkeley, School of Law, is a partner in Wendel, Rosen, Black & Dean, LLP, Oakland, with a focus on real estate, commercial, and secured transactions litigation. He is currently a consultant and expert witness in a variety of state and federal court litigation matters relating to commercial and real estate lending, title insurance, escrows, trust deeds and foreclosures, real estate sales transactions, commercial leasing, guarantees, attorney and broker standards of care and conduct, title searching and chain-of-title issues, priorities, real estate development, personal property secured transactions, and usury in the real estate context. From 1985 to 2016, he taught advanced real estate courses to law and MBA students at the University of California, Berkeley, School of Law. He is a frequent lecturer on mortgage remedies for CEB and was the Transactions & Litigation Editor of CEB’s Real Property Law Reporter.
Chapter 7
Louis J. Esbin, B.S., 1981, Albany State (SUNY); J.D., 1984, Golden Gate University, San Francisco, contributed to chapter 7. Mr. Esbin has practiced law as the owner of Esbin Law Offices in Stevenson Ranch since 1993, where he provides bankruptcy, corporate formation, transactional, and merger and acquisition services to clients throughout California. He represents both corporate and individual clients, including small emerging businesses, corporations, and individuals, as debtors and creditors. Mr. Esbin counsels his clients on approaching their matters with a practical cost-benefit analysis. He is a founding board member of the Santa Clarita Valley Bar Association, a founding member of the Central District Consumer Bankruptcy Attorneys Association, a California Certified Legal Specialist in Bankruptcy Law (State Bar of California), and a member of the Financial Lawyers Conference and California Bankruptcy Forum.
Chapter 9
Michael T. Andrew, B.S., 1974, Regis College, Denver; J.D., 1979, Stanford Law School, Palo Alto, contributed to chapter 9. Mr. Andrew is of counsel with Dentons US LLP, San Diego. Mr. Andrew practices and consults in the areas of real and personal property secured transactions, commercial law, and business bankruptcy. His primary practice is representing real property secured lenders in matters ranging from negotiation, structuring, and documentation of loan transactions to enforcement and bankruptcy. He is a frequent lecturer and writer on commercial and bankruptcy law, and he has taught at Stanford Law School, the University of Colorado School of Law, and the University of San Diego School of Law.
Chapter 10
Randy Sugarman, B.A., M.B.A., Stanford University, contributed to chapter 10. Mr. Sugarman, a certified public accountant, is the managing partner of Sugarman & Company LLP, San Francisco. He serves as a financial consultant on loan workouts and bankruptcies for a wide range of industries, including construction, financial institutions, professional service firms (including accounting, engineering, and law), and real estate investment. He provides litigation support to both defense and plaintiff legal counsel, prepares financial analyses, and provides expert witness testimony on management and financial issues. Mr. Sugarman has assumed management responsibilities, implemented cost controls, negotiated with creditors, and supervised the orderly liquidation of assets. He acts as a State Court Receiver, Federal Bankruptcy Trustee, Assignee for Benefit of Creditors, and Examiner. Substantial portions of chapter 10 were based on chapter 1 of 2 California Real Property Financing (Cal CEB 1989), written by Bernard Kolbor, Aaron M. Peck, and Stephen E. Traverse and updated in 2003 by Joan M. Cambray, Martin M. Fleisher, and Timothy S. Williams.
Chapter 11
Richard M. Adler, B.A., 1981, University of California, Santa Barbara; J.D., 1984, University of California, Davis, School of Law, was the original author of chapter 11 and an update author for several years on the third edition. An attorney in Berkeley, Mr. Adler specializes in bankruptcy, including business restructuring and creditors’ rights. He represents financially distressed public and private companies, creditors, and other interested parties including lessors, purchasers of assets, and creditors’ committees in connection with matters related to financial workouts and restructurings, bankruptcy cases, and assignments for the benefit of creditors.
Mark S. Bostick, B.A., 1978, University of California, Berkeley; J.D., 1983, University of San Francisco School of Law, has been an update author, contributing editor, or consultant for chapter 11 continuously since 2007. Mr. Bostick is a partner in Wendel, Rosen, Black & Dean, Oakland, and represents debtors, committees, trustees, creditors, and other interested parties in bankruptcy proceedings and workouts. He has served as lead counsel to debtors in possession or trustees in Chapter 11 bankruptcy cases for a wide range of companies. He also represents numerous official and informal creditors’ committees, trustees, and receivers. His practice emphasizes bankruptcy administration and litigation. He is a member of the California Bankruptcy Forum, the Alameda County Bar Association, the American Bankruptcy Institute, and the National Association of Bankruptcy Trustees.
Chapter 12
Kurt F. Eggert, B.A., Rice University, Houston; J.D., University of California, Berkeley, School of Law, contributed to chapters 12 and 13. Mr. Eggert is a professor of law at Chapman University School of Law, Orange. He has published several articles in legal journals on the holder in due course doctrine, the securitization of mortgages, mortgage servicing issues, and the subprime mortgage market. He is a former member of the Federal Reserve Board’s Consumer Advisory Council and has testified to Congress on mortgage issues. Previously, he litigated mortgage and other consumer finance issues at Bet Tzedek Legal Services, a legal aid organization.
Chapter 13
Pamela D. Simmons, J.D., Lincoln Law School of San Jose, contributed to chapter 13. Ms. Simmons is a partner with Simmons & Purdy, Soquel. She represents homeowners on mortgage loan and loan servicing issues. Before private practice, she was an assistant district attorney prosecuting real estate, mortgage, and other white-collar fraud in Santa Cruz County. Since 1995 she has represented borrowers in litigation on violations of federal and state lending laws, including the Truth in Lending Act (TILA) and the Homeowner Bill of Rights (HBOR). One of her specialized skills involves the “audit” of payment records provided by lenders. She has taught secured real estate transactions at Lincoln Law School in San Jose. Ms. Simmons regularly speaks on mortgage-related matters to real estate professionals, homeowners, elders, and investors and at the American Bar Association’s annual real estate symposia.
About the 2023 Update Authors
Corrine Bielejeski, B.A., 2003, University of California, Santa Barbara; J.D., 2006, University of California, Davis, School of Law, joined as an annual update author for chapter 11 in 2018. She served as law clerk to the Hon. Edward D. Jellen in the United States Bankruptcy Court, Northern District of California for two years before entering private practice. A decade ago, she opened her own office, East Bay Bankruptcy Law & Financial Planning, now located in Brentwood. Ms. Bielejeski’s debtor work includes filing bankruptcy cases under Chapters 7 and 13, lien strips, cramdowns, and lien avoidance motions. Her creditor work includes representing individuals and small businesses in Chapters 7, 11, and 13, often involving employers, ex-spouses, or business partners. She regularly speaks on bankruptcy issues and is an active member of the Contra Costa County Bar Association and the American Bar Association.
Kevin Brodehl, B.A., with High Honors, 1995, University of California, Santa Barbara; J.D., 1998, University of California, Davis, School of Law, is a partner with Patton Sullivan Brodehl, LLP, with offices in the San Francisco Bay Area. He joined the update team for this book in 2013 and continued to assist in updating nearly all chapters through the 2020 update. He specializes in real property litigation involving secured transactions, deeds of trust, foreclosure and antideficiency, receivership, development agreements, joint ventures, LLCs, and commercial leases. He also handles civil appeals and writs in the California courts of appeal and federal courts of appeals. He has taught at the University of California, Berkeley, School of Law and presents MCLE classes for California attorneys on the subjects of real estate and mortgage law. In 2023, he focused on chapters 1, 2, 4, 6, and 8.
Louis J. Esbin updated the bankruptcy sections in chapter 7. See his biography in the About the Authors section of this book.
Charles (Chuck) A. Hansen updated chapters 3 and 9. He is the principal at Chuck Hansen, Law & Consulting, in Pleasanton. Please see his biography in the About the Authors section of this book.
Glen L. Moss, B.S., 1965, University of California, Los Angeles; J.D., 1968, University of California, Berkeley, School of Law, is an at-large contributing author for this update. Mr. Moss has represented consumers and small businesses for all types of real estate problems, in trial courts and upon appeal. Since the “Great Recession,” he has concentrated in real estate finance as well as trust and probate issues related to protecting the real estate owned by estates and trusts. He also serves as co-counsel with bankruptcy lawyers to set aside trustee sales through adversary actions. Mr. Moss is a partner in the Hayward firm of Moss & Murphy.
Daniel J. Mulligan, B.A., 1975, and M.A., 1981, University of California, Berkeley; J.D., 1981, University of California, Berkeley, School of Law, is a partner with Jenkins Mulligan & Gabriel LLP, San Diego, and is an update author for chapter 13. He specializes in real property and lending litigation, as well as consumer rights law, including class litigation. He is a leading member of the plaintiffs’ bar on consumer lending issues and regularly speaks for meetings of the California State Bar Association, the American Bar Association, the American Conference Institute, the National Consumer Law Center, and the National Association of Consumer Advocates. Daniel also continues a practice in antitrust law, serving as co-counsel in a number of indirect purchaser claims for consumer goods.
Pamela D. Simmons assisted in updating chapters 5 and 13. See her biography in the About the Authors section of this book.
