Ethan J. Birnberg

Associate Attorney

Ethan is an AV-rated attorney and a 2022 Northern California Super Lawyer (awarded to only 5% of attorneys in California). His practice spans from transactional work for common interest developments (HOAs and similar associations), real estate developments, construction loans, short-term rental projects, landlord/tenant disputes, corporate formation, and asset and stock sales and acquisitions, to litigation matters requiring mediation, arbitration, and multi-day trials. Ethan’s diverse experience includes negotiating and analyzing real estate agreements, leases, and contracts for businesses, architects, design and construction professionals, landlords, and tenants. He is licensed in four states and has litigated federal and state cases concerning corporate and shareholder disputes, federal and state consumer protection statutes, class actions, and smaller partition actions between parties needing to resolve real estate issues.

Ethan has extensive insolvency experience representing debtors, trustees, creditors, and receivers, including court-appointed receivers in Ponzi scheme cases. He has assisted entities seeking to restructure under chapter 11 of the U.S. Bankruptcy Code, borrowers and lenders seeking out-of-court workouts, representing chapter 7 trustees, and advising directors, officers, and executive management regarding labor and employment matters, fiduciary duties, and corporate governance issues. He is one of very few lawyers in the nation that have dual certifications as both a business and consumer bankruptcy specialist. His clients in insolvency matters span from lenders and creditors seeking court adjudication of non-dischargeable debts under Section 523 of the Bankruptcy Code, and at times defending those claims for individual debtors. Ethan utilizes his transactional and litigation skill set to assist businesses selling their assets, which have included recreational vehicle parks, golf courses, oil and gas wells and land, and real and personal property under Section 363 of the Bankruptcy Code, while navigating clients through the applicable regulatory compliance and governmental regulations. Ethan was honored as one of twenty lawyers from around the world chosen for induction to Class V of the International Insolvency Institute’s NextGen program after being nominated by bankruptcy judges and practitioners, and visited Tokyo to accept the nomination.

Ethan enjoys assisting his community and has provided pro bono services for the Will for Heroes program (drafting wills and estate plan documents for firefighters, police officers, and other first responders), served as a council member for the Nevada Disability Advocacy and Law Center, and helped first and second graders strengthen their reading skills through the Washoe County’s Read & Succeed Volunteer Program. He frequently presents at local business events such as Good Morning Truckee and the Tahoe City Breakfast Club and is a proud graduate of the North Lake Tahoe-Truckee Leadership Program. When not in the office, Ethan is snowboarding, hiking, paddle boarding, camping, frolfing, or just sitting in the sun in and around Truckee, Lake Tahoe, and the many other beautiful places in the Sierra Nevada region.

Bar Admissions: California; Nevada; Colorado; Wyoming

Certifications: Business Bankruptcy Specialist and Consumer Bankruptcy Specialist (by the American Board of Certification)

Law School: Thomas Jefferson School of Law, summa cum laude

Undergraduate: University of California, Santa Barbara, (B.A., Law & Society and Global Peace & Security minor; Honors Program; received Academic Award for Excellence)

Recognition/Awards: Martindale Hubbell – AV Preeminent Rating; 2020-2021 Northern California Super Lawyer, Super Lawyers Magazine;Rising Star, Colorado Super Lawyers Magazine, 2013-2019; Donald E. Cordova Distinguished Service Award (for pro bono service), award by Chief Colorado Bankruptcy Judge Michael E. Romero; International Insolvency Institute, NextGen Class V Inductee (Toyko, Japan)

Associations: American Board of Certification (Board of Director); Faculty of Federal Advocates (Board of Director); Turnaround Management Association (Rocky Mountain Chapter Board of Director)

Externship: Externed for Judge Barry T. Moskowitz, U.S. District Court for Southern District of California

Publications and Speaking Engagements: Ethan has taught continuing legal education courses, spoken on panels concerning emerging business trends and corporate day-to-day operational and financial issues, and published articles concerning corporate and shareholder disputes, litigation and appeals, creditor’s rights in bankruptcy and enforcement of judgments, reporter’s privileges, liability under the Fair Debt Consumer Protection Act, and landlord and tenant rights. Specific titles are listed on his LinkedIn page.

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