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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 practice 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 Neiman Marcus; Borden Dairy Farms; Roman Catholic Diocese of Rockville Centre, New York; 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, 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 rural health care enterprise in restructuring and corporate governance matters.
  • Represent textile design company in wind down.
  • Represented majority shareholder in Chapter 7 bankruptcy proceeding of private ski resort and in his spouse's Chapter 11 bankruptcy proceeding.
  • Represented shareholders of 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 potential purchaser of dairy owned and operated by 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 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.
  • Represented a world-class metal-forming manufacturer in defending and settling a multimillion-dollar 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.
  • Represented a purchaser of a debtor's automobile dealership from a Chapter 11 trustee and in related litigation.

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

  • Manhattan Democratic Party Independent Judicial Screening Panel for the Supreme Court, Panel Administrator, 2021
  • Top Women Attorneys in the New York Metro Area, 2019 and 2020
  • Selected to Super Lawyers: Top Female Attorneys in New York, 2015–2016; Super Lawyers New York Metro: Bankruptcy: Business, 2006–2007 and 2014–2020 
  • Benjamin N. Cardozo School of Law OUTLaw Alumni, Gates Award, 2019 
  • LGBT Bar Association of Greater New York (LeGal), Committee Dedication Award, 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
  • NYS Bar Association Business Law Section Committee on Continuing Legal Education, “Time Bombs in Bankruptcy” 
  • 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
  • New York State Bar Association, Elder Law & Special Needs Section, Medicaid Committee Meeting, “Preneed Funeral Arrangements”

Selected Publications & Media

Selected Alerts & Blog Posts

Featured Media

Alerts

NYS Governor Hochul Makes Final Cannabis Control Board Appointments

Alerts

ADA Accessibility Lawsuits: New York State Lawmakers Propose Bill to Curb Website Litigation

Alerts

NYS DOH Issues FAQs Clarifying Parameters of COVID-19 Vaccination Mandate for Health Care Workers

Alerts

Managing Employment Issues Through Crisis

Alerts

NYS Medicaid Easements Continued Through December 31, 2021

Alerts

President Biden Announces Sweeping Vaccine Mandates

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