Tom Phinney

 

J.D., University of California, Davis, 1991
B.A., University of California, Santa Barbara, with Honors, 1986

Professional Affiliations
Legal Programs and Presentations


Tom Phinney has practiced bankruptcy law and commercial litigation for over 20 years. He represents creditors, including institutional lenders, insurers, committees, equipment lessors, landlords, and bankruptcy trustees in all phases of bankruptcy proceedings, bankruptcy litigation, appeals, and commercial collection.

Mr. Phinney has received a peer review rating of “AV preeminent” by Martindale Hubbell. He is certified as a Business Bankruptcy Specialist by the American Board of Certification, and certified as a Bankruptcy Law Specialist by the California State Bar. He was selected as a Northern California Super Lawyer for the years 2014-18. He is a Lawyer Representative for the Eastern District of California to the Ninth Circuit Judicial Conference (2016-2018) and a member of the Ninth Circuit Lawyer’s Representative Coordinating Committee (2017-2018). He was President of the California Bankruptcy Forum (2016-2017), and President of the Sacramento Valley Bankruptcy Forum (2015-2016). He is one of 7 members of the Government Affairs Committee for the California Lawyer’s Association (2018-2019).

He is an adviser to the Executive Committee of the Business Law Section of the California State Bar (2016-2018), and was the Co-Chair of the Insolvency Law Committee of the Business Law Section of the California State Bar (2012-2013). He was Co-Chair of the 2009 California Bankruptcy Conference. He is a writer for the American Bankruptcy Institute on recent 9th Circuit case developments. He is also a frequent speaker on bankruptcy and insolvency law issues.


Professional Affiliations and Leadership Positions

Northern California Super Lawyer, 2014-2018.

Sacramento Business Journal 2015-2018 Best of the Bar Winner.

Peer review rating of “AV preeminent” by Martindale Hubbell.

Member, American Bankruptcy Institute, and Certified as an Expert in Business Bankruptcy.

Bankruptcy Law Specialist, Certified by the California State Bar.

President, California Bankruptcy Forum (2016-2017), and Chair of Pro Bono Project (2015-2016).

Member of the Governmental Affairs Committee of California Lawyers Association (2018-2019).

Advisor to the Executive Committee of the California State Bar Business Law Section (2016-2018), Member (2013-2016), Co-Chair of Legislation (2015-2016).

President, Sacramento Valley Bankruptcy Forum (2015-2016 and 2004-2005).

Ninth Circuit Lawyer Representative for the Eastern District of California (2016-2018), and Co-Chair of the Eastern District Conference Planning Committee (2018-2019).

Treasurer, Historical Society for the Eastern District of California (2014 to present).

Co-Chair of the Insolvency Law Committee of the Business Law Section of the California State Bar (2012-2013), and member of the Insolvency Law Committee (2009-2012) (2001-2003).

Co-Chair of the 2009 California Bankruptcy Conference.

President of the Bankruptcy and Commercial Law Section of the Sacramento County Bar (2003).

Member, Federal Bar Association.

Member, Business Law Section of the California State Bar.

Member, Sacramento Valley Bankruptcy Forum.

Member, Sacramento County Bar, Bankruptcy and Commercial Law Section.

Writer, Ninth Circuit Developments for the American Bankruptcy Institute (2004 – present).

Admitted to practice: California, Eastern, Northern, Central and Southern Districts of California, 9th and 10th Circuit Courts of Appeal, U.S. Supreme Court.


Legal Programs and Presentations

Moderator, “Marijuana Issues in Bankruptcy cases, and Hot Topics in Nondischargeability,” Eastern District of California Conference at Tenaya Lodge, October 13, 2018. Speakers Hon. Brian Lynch, Hon. Keith Lundin (ret.), and David Jenkins.


Speaker, “Administering Challenging Assets: Marijuana and Cryptocurrency.  Chief Bankruptcy Judges Conference, Reno, Nevada May 2, 2018.  Co-panelist with Peter Fear, Robert Marticello, and Laurel Zaeske.


Speaker:  “Year in Review: Bankruptcy Cases and Developments”  for the Sacramento County Bar Association, Bankruptcy & Commercial Law Section, on March 21, 2018.  Co-presented with Paul Pascuzzi.


Moderator, “Ask the Judges” Panel at Northern California Bankruptcy Conference, February 23, 2018.


Speaker:  “Year in Review: Bankruptcy Cases and Developments”  for the Sacramento County Bar Association, Bankruptcy & Commercial Law Section, on March 22, 2017.  Co-presented with Paul Pascuzzi.


Speaker:  “Contractual Attorney’s Fees in Bankruptcy Cases”  for the Sacramento County Bar Association Bankruptcy and Committee Law Sections, on January 18, 2017.  Co-presented with Mark Gorton.


Speaker:  “Year in Review: Bankruptcy Cases and Developments”  for the Sacramento County Bar Association, Bankruptcy & Commercial Law Section, on March 23, 2016.  Co-presented with Paul Pascuzzi.


Moderator, Judges Panel, Northern CA Bankruptcy Conference, February 6, 2016.


Speaker: “Attorneys’ Fees in Bankruptcy Cases,” the Northern California Bankruptcy Conference, February 5, 2016.  Co-presented with Hon. Fredrick Clement and Professor Jared Ellias.


Moderator, “ Ask the Judges”  panel discussion and dinner event, sponsored by the Sacramento Valley Bankruptcy Forum, November 19, 2015.


Speaker:  “Year in Review” for the Sacramento County Bar Association – Bankruptcy & Commercial Law Section in March 18, 2015.


Speaker:  “Substantive Consolidation in Bankruptcy Cases”, a Webinar sponsored by the California State Bar’s Business Law Section, May 29, 2014.


Speaker:  “Year in Review” for the Sacramento County Bar Association – Bankruptcy & Commercial Law Section in February 19, 2014.


Speaker:  “The Contractual Integration Clause After Riverisland,” a Webinar sponsored by the California State Bar’s Business Law Section, June 6, 2013.


Speaker:  “Year in Review” for the Sacramento County Bar Association – Bankruptcy & Commercial Law Section in February 2013.


Speaker:  “Select Issues in Committee Representations” for the Sacramento Country Bar, Bankruptcy and Commercial law section on November 16, 2011.


Speaker:  “Substantial Contribution Claims under § 503(b)(3)”, May 20, 2011 for the California Bankruptcy Conference, in Squaw Valley California.


Speaker:   “Hot Topics in Insolvency Law” a Webinar program presented, on April 27, 2011 for the Business Law Section of the California State Bar.


Speaker:  All-day seminar on “Real and Personal Property Foreclosure and Repossession in California,” on December 14, 2007.


Published Articles

“Test Your Knowledge: Recent Developments in Insolvency Law” (MCLE Article), Business Law News for the California State Bar, 2018 Issue 2 (co-written with Paul Pascuzzi).


“Test Your Knowledge: Recent Developments in Insolvency Law” (MCLE Article), Business Law News for the California State Bar, 2017 Issue 2 (co-written with Paul Pascuzzi).


“Test Your Knowledge: Recent Developments in Insolvency Law” (MCLE Article), Business Law News for the California State Bar, 2016 Issue 2 (co-written with Paul Pascuzzi).


“Test Your Knowledge: Recent Developments in Insolvency Law” for the CA State Bar Business Law News, Issue 3, August 2015.  Co-author Paul Pascuzzi.


“Test Your Knowledge: Recent Developments in Insolvency Law” for the CA State Bar Business Law News, Issue 3, November 2014.  Co-author Paul Pascuzzi.


“Test Your Knowledge: Recent Developments in Insolvency Law” for the CA State Bar Business Law News, Issue 4, December 2013.  Co-author Paul Pascuzzi.


“Recent Developments in Alter Ego Law,” California State Bar Business Law News, April 2012 (co-author Gary Kaplan).


“Section 330(a)(7): B.A.P.C.P.A.’s Half-Step Toward Treating Trustee’s Compensation As A Commission,” 28 Cal. Bankr. J. 508 (2006).


“Trustee’s Standing to Pursue Alter Ego Claims,” 26 Cal. Bankr. J 214 (2002).


Regular author of 9th Circuit case summaries for American Bankruptcy Institute (since 2010 at http://volo.abi.org/), 2000 to present.

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