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JaniceGrubin

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 practices involves representing debtors, creditors, trustees, 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 Chapter 11 bankruptcy cases of national significance, including Sears; Ditech Financial; Miami Metals, Inc.; Westinghouse Electric Company LLC; Avaya Inc.; Penn Virginia Corporation; Relativity Fashion, LLC; Great Atlantic & Pacific Tea Company, Inc.; Allied Nevada Gold Corp.; MPM Silicones, LLC; MF Global; Patriot Coal Company; Chemtura Corporation; Delphi Corp.; Quebecor World (USA), Inc.; Dan River Holdings, LLC; Fortunoff's, Enron Corp.; Singer Company N.V.; Keene Corporation; Public Service Company of New Hampshire; Zale's; R.H. Macy's & Co., Inc.; Merry-Go-Round Enterprises; and Adelphia Communications Corporation. She has also advised auto finance companies and purchasers in Chapter 11 auto dealership cases.

Bar Associations

  • American Bar Association, Business Law Section, Business Bankruptcy Committee Member
  • LGBT Bar Association of Greater New York (LeGaL), Vice President, Board of Directors; Chair of Judiciary Committee; and Partners Group Member
  • 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, Member and Committee on Character and Fitness Member
  • Democratic Supreme Court Independent Judicial Screening Panel, Former Appointed Member for NY County
Experience

Representative Experience

  • Advises a health care system on the insolvency aspects of its management and potential purchase of a rural hospital.
  • Represents two mining companies aserting ownership interests in precious metals in the Chapter 11 liquidating cases of a refinery and its affiliates.
  • Assists 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.
  • Represents an investor, who was the lender and equity holder, in two serial Chapter 11 cases for 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.
  • Represented a world-class metal-forming manufacturer in defending and settling a multi-million preference lawsuit.
  • Represented a technology company focused on creating responsible solutions to enhance the safety and quality of egg production and marketability of its rights in the Chapter 11 proceeding of one of its transaction partners and protected those rights through the purchase of disputed intellectual property in a 363 sale.
  • Assisted two not-for-profit religious organizations in monetizing their assets through a Chapter 11 proceeding.
  • As a Chapter 11 trustee, operated 23 Dunkin’ Donuts stores and a bakery in the NY 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, monetized real and intellectual property assets and prosecuted and settled estate claims against former officers and directors.
  • As a Chapter 11 trustee of a gourmet supermarket located in downtown New York City, operated the store through a going concern sale and confirmed a joint liquidating plan within one year of the appointment.
  • Advised the elected Chapter 7 trustee of a public NY-incorporated Israeli investment company in stabilizing and monetizing its direct and indirect equity holdings in over 80 private corporations primarily based in Israel, including negotiating the sinking fund and preference settlement and litigation financing with bondholders.
  • 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.

Prior Experience

  • LeClairRyan,PLLC, Member
  • Spizz Cohen & Serchuk, P.C., Partner
  • Drinker Biddle & Reath LL, 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

  • Benjamin N. Cardozo School of Law OUTLaw Alumni, Gates Award, 2019 
  • Top Women Attorneys in the New York Metro Area, 2019
  • Selected to Super Lawyers New York Metro: Bankruptcy: Business, 2006-2007 and 2014-2019
  • LGBT Bar Association of Greater New York (LeGal), Committee Dedication Award, 2016
  • Selected to Super Lawyers: Top Female Attorneys in New York, 2015 and 2016
  • Martindale-Hubbell Distinguished Peer Review Rated for High Professional Achievement and Ethics
Knowledge

Selected Speaking Engagements

  • International Women’s Insolvency & Restructuring Confederation New York Chapter, “Personal Branding Olympics,” Coach
  • Benjamin N. Cardozo School of Law, “Bankruptcy Practice Area Group Meeting” 
  • Reed College, Gender and Sexual Orientation in 2015, “Gender in 2015 and My Personal Journey” 
  • New York City Bar, “The Wellness Decision and Other Hot Topics in Bankruptcy Litigation” CLE
  • Association of Insolvency & Restructuring Advisors 31st Annual Bankruptcy & Restructuring Conference, “Marketing Strategies for Restructuring Professionals in a Volatile and Competitive Market: What to Do, What to Avoid, and What Works”

Selected Publications & Media

  • Wall Street Journal, “Energy Investors Win Say in Chapter 11” 
  • Bankruptcy Court Decisions, “Automatic Appeals of Exclusivity Orders Under the Bankruptcy Reform Act of 1994”
  • Connecticut Bankruptcy Bar Association, “Case Notes” 

Featured Media

Alerts

NYS Courts to Implement Early Mandatory Mediation

Alerts

Takeaways From the USDA Interim Final Rule on Domestic Hemp Production

Alerts

The SHIELD Act: Update

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