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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; Commission on Sexual Orientation and Gender Identity, Commissioner
  • 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; Diversity, Equity, and Inclusion Committee Mentoring Program Mentor
  • 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 realignment in Subchapter V of Chapter 11.
  • Represented 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 served as outside general counsel to the 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.
  • Represented two mining companies asserting ownership interests in precious metals in the Chapter 11 liquidating cases of a refinery and its affiliates and served 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 continue 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.
  • 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

  • Selected to Super Lawyers Top Women Attorneys in New York Metro, 2015–2023; Super Lawyers New York Metro: Bankruptcy: Business, 2006–2007 and 2014–2024
  • 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
  • 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

EPA Issues Memorandum Reminding States and Tribes of Their Limited Authority Under Section 401 of the Clean Water Act

Alerts

Non-Judicial Collateral Remedies, Part 2 – Sale of Collateral

Alerts

NYS Court of Appeals Applies the Assumption of Risk Doctrine to One Golf Course Injury but Not Another

Alerts

Bankruptcy Avoidance Actions, Part 2 – Fraudulent Transfers

Alerts

NYS Court of Appeals: CVA Plaintiff Must Prove Notice of Abuse Applying Then-Prevailing Standards in Decades-Old Sexual Abuse Case

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Darnell Williams, Tanisia Bowman, Dominique Tompkins, Kimberly Miller, and Judith Adela Fernandez Martinez—Targeting Businesses in Recent Flurry of Lawsuits