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JaniceGrubin

She | Her | Hers

Partner

"I bring a holistic understanding of the factors that can significantly impact clients in distressed situations and a versatile toolkit to help achieve their goals."

Overview

Biography

Janice serves as Barclay Damon's Restructuring, Bankruptcy & Creditors' Rights Practice Area co-chair. Her industry-agnostic practice involves representing debtors, creditors, fiduciaries, and official and unofficial committees in all aspects of voluntary and involuntary bankruptcy proceedings, corporate restructurings, and workouts in both the for-profit and not-for-profit sectors. She has served as the elected and appointed Chapter 7 and Chapter 11 trustee in cases pending in the Northern, Southern, and Eastern Districts of New York. Janice is and has been involved in a multitude of nationally significant Chapter 11 bankruptcy cases.

Bar Associations

  • American Bar Association, Business Law Section, Business Bankruptcy Committee Member
  • LGBT Bar Association of Greater New York (LeGaL), Vice President, Association Board of Directors; Co-Chair of Judiciary Committee
  • New York State Bar Association, Business Law Section, Subcommittee on Bankruptcy Law Member

Selected Memberships & Affiliations

  • Barclay Damon Women’s Forum
  • International Women’s Insolvency & Restructuring Confederation
  • American Bankruptcy Institute, Member of Asset Sales, Business Reorganization, Ethics and Professional Compensation, Health Care, and Real Estate Committees
  • NYS Supreme Court, Appellate Division, First Department, Committee on Character and Fitness Member
Experience

Representative Experience

  • Represent a publicly traded health care company in insolvency and litigation matters relating to the purchase of ambulatory surgical centers.
  • Represent a century-plus-old not-for-profit organization that provides vital services and support to children, youth, and families with special needs as it works towards a post-COVID-19 revitalization.
  • Represent private equity funds in prosecuting involuntary petitions against corporate borrowers and individual guarantors.   
  • Represent a rural health care enterprise in restructuring,  governance, operational, and litigation matters.
  • Represented a textile design company in its wind-down.
  • Represented a majority shareholder in the Chapter 7 bankruptcy proceeding of a private ski resort and in his spouse's Chapter 11 bankruptcy proceeding.
  • Represented the shareholders of the largest check cashing and pawn broker business in New Jersey in its restructuring and now serve as outside general counsel to company.
  • Represent Eastern Niagara Hospital as debtor-in-possession in a Chapter 11 proceeding pending in the Western District of New York.
  • Represented a potential purchaser of a dairy owned and operated by a Chapter 11 debtor through auction.
  • Advised a health care system on the insolvency aspects of its management and potential purchase of a rural municipal hospital.
  • Represented two mining companies asserting ownership interests in precious metals in the Chapter 11 liquidating cases of a refinery and its affiliates and serve as special preference counsel to post-Effective Date litigation trustee.
  • Assisted a rural hospital and affiliate nursing home in a restructuring, sale, and dissolution under the NY Not-for-Profit Corporation Law.
  • Advised a rural hospital in restructuring and affiliation transactions.
  • Represented the investor, lender, and equity holder in the two serial Chapter 11 cases of a media and entertainment company.
  • Obtained a dismissal with prejudice of a $10.5 million preference lawsuit against a precious metals merchant within three months of suit commencement.
  • Represented a holding company of ultra-high-end hotel properties in its dissolution and wind-down.
  • Represented an internationally renowned gallery of Latin American art in defending a collection action by a Chapter 11 debtor and in its Chapter 11 proceeding.
  • As a Chapter 11 trustee, operated 23 Dunkin’ Donuts stores and a bakery in the New York metropolitan area while conducting six asset sales generating $21 million over three years and prosecuting avoidance, insider, and purchaser litigation leading to 33 settlements. Successfully prosecuted and collected a $9 million judgment against a proposed buyer after a bankruptcy trial on liability and extensive damage proceedings affirmed by the Southern District of New York and the US Court of Appeals for the Second Circuit. Confirmed and implemented a joint liquidating plan with over 70 percent payout to unsecured creditors.
  • As a Chapter 11 trustee, managed, rehabilitated, and marketed three rent-stabilized apartment buildings in Brooklyn, New York, that led to a private sale netting an aggregate price 20 percent in excess of appraised values and a 100-percent payout to unsecured creditors under a confirmed joint liquidating plan.
  • Elected as Chapter 7 trustee in an Albany, New York, not-for-profit research facility, settled estate claims against former officers and directors, monetized real property, and continuing to monetize intellectual property assets.
  • Represented Gordon Jewelers’ official creditors' committee in Zale’s.
  • Represented the official bondholder committee in R.H. Macy’s & Co., Inc.
  • Represented the official creditors' committee in Merry-Go-Round-Enterprises, Inc.
  • Represented an official equity security holders' committee in Allied Nevada Gold Corp.
  • Represented an unofficial equity security holders' committee in Penn Virginia Corporation.
  • Represented Northeast Utilities in its successful purchase of Public Service Company of New Hampshire.
  • Represented a not-for-profit rural health care enterprise in restructuring and corporate governance matters.
  • Successfully obtained the dismissal of a $2.3 million preference lawsuit on behalf of a client, a leader in the national commercial toll management industry. 

Prior Experience

  • LeClairRyan, PLLC, Member
  • Spizz Cohen & Serchuk, P.C., Partner
  • Drinker Biddle & Reath LLP, Partner
  • Golenbock, Eiseman, Assor, Bell & Peskoe LLP, Partner

Judicial Clerkships

  • US Bankruptcy Court for the Northern District of New York, Judge Stephen Gerling

Selected Honors

  • City & State New York, Above & Beyond: Pride List, 2024
  • American Bar Association Commission on Sexual Orientation and Gender Identity, Stonewall Award, 2024
  • Tri-State Diversity Council, LGBTQ+ Leadership Award, 2023
  • Selected to Super Lawyers Top Women Attorneys in New York Metro, 2015–2023; Super Lawyers New York Metro: Bankruptcy: Business, 2006–2007 and 2014–2023
  • Manhattan Democratic Party Independent Judicial Screening Panel for the Supreme Court, Panel Administrator, 2021
  • Benjamin N. Cardozo School of Law OUTLaw Alumni, Gates Award, 2019
Knowledge

Selected Speaking Engagements

  • Tri-State Diversity Council, "Champions of Change: Building Resilience by Leading Authentically," Panelist
  • LGBT Bar Association of Greater New York (LeGaL), "The Pathway to a Federal Judgeship" Webinar, Moderator
  • International Women’s Insolvency & Restructuring Confederation New York Chapter, “Personal Branding Olympics,” Coach
  • NYS Bar Association Business Law Section Committee on Continuing Legal Education, “Time Bombs in Bankruptcy” 
  • New York City Bar, “The Wellness Decision and Other Hot Topics in Bankruptcy Litigation” CLE

Selected Media

Selected Alerts & Blog Posts

Featured Media

Alerts

NYS Department of Health Publishes Amended Proposed Cybersecurity Regulations for Hospitals

Alerts

FTC Noncompete Rule Survives—For Now

Alerts

New York Trial Court Finds Uber Is Not Vicariously Liable for Driver's Negligence

Alerts

ERISA Forfeiture Lawsuits: Navigating the Emerging Legal Landscape

Alerts

EU Leads the Way on Artificial Intelligence Regulation

Alerts

End of An Era: SCOTUS Overturns Chevron After 40 Years of Deference to Administrative Agencies

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