Biography

Gary Kaplan is Chair of Farella’s Restructuring, Insolvency and Creditors Rights practice group. He has decades of experience representing debtors, creditors, creditors' committees, trustees, and receivers in a wide range of bankruptcy and nonbankruptcy matters. Gary's practice includes both out of court and Chapter 11 restructurings, and advising clients regarding pre- and post-bankruptcy strategy, debt collection, judgment enforcement, and provisional remedies. He represents lenders and borrowers in a wide range of financing transactions, including debtor-in-possession financing, as well as lease and guaranty matters. He also has extensive litigation experience in bankruptcy and non-bankruptcy courts, at trial and appellate levels, including in the U.S. Supreme Court.

Gary counsels companies and individuals experiencing financial and operational challenges in myriad industries. Much of his work involves managing events that lead to financial distress. Gary bases his strategic approach on each client’s particular circumstances, considering their business goals, market trends, and potential outcomes. He helps clients restructure their finances, build and negotiate sustainable workout plans with creditors, and develops other creative solutions to avoid bankruptcy, including refinancings, divestitures, joint ventures, and licensing deals. Gary also has expertise in buying and selling distressed businesses and assets in a range of industries, including wineries, hospitality, and alternative energy.

Gary represents both secured and unsecured creditors, creditors’ committees, landlords, and equity holders in creative recovery solutions in and outside of bankruptcy. He has proved adept at protecting landlord’s rights in retailer bankruptcy cases nationwide through negotiation and litigation when necessary. He has extensive experience in insolvency-related litigation, including preference and fraudulent transfer claims, as well as defending guarantors, owners, directors and officers.

Gary is Board Certified in Business Bankruptcy Law by the American Board of Certification and a Certified Legal Specialist in Bankruptcy Law by the State Bar of California.

Distinctions

  • Northern California Super Lawyers (2004-2006, 2009-2019)
  • "Recommended" in the San Francisco Bay Area by PLC’s The Restructuring and Insolvency Handbook
  • Corporate LiveWire Lawyer of the Year for 2014 in the category Bankruptcy & Restructuring - San Francisco
  • Corporate LiveWire Global Awards in Insolvency Law Firm of the Year in 2017
  • "Outstanding Volunteer in Public Service" award from the Bar Association of San Francisco (ten times)
  • Certificate of Recognition as an "Outstanding Volunteer in Public Service" from the California State Senate based on his consumer bankruptcy work

Memberships and Affiliations

  • Advisors, Insolvency Law Committee, Business Law Section, California Lawyers Association
  • Past President, Board of Directors, Bay Area Bankruptcy Forum
  • Past Chair, Bankruptcy Law Advisory Commission, California State Bar (2013-2014)
  • Past member, Insolvency Committee, California State Bar
  • Past chair, Legislative Subcommittee, California State Bar
  • Past chair, Bankruptcy Section, San Francisco Bar's Barristers Club
  • Past member, Bench-Bar Liaison Committee, U.S. Bankruptcy Court (Northern District of California)

Firm Highlights

News

Dan Cohn Named to Jewish Community Federation Board of Directors

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Event

Litigating Civil and Criminal Trade Secret Cases: Trends, Best Practices, and Lessons Learned

Trade secret litigation is on the rise, both civil litigation and follow-on criminal prosecution for trade secret theft. Companies are grappling with how to protect their valuable information and minimize risk in their technological...

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News

Hemp Legal Limbo Challenges Sonoma County's Delta Separations, Other Equipment Makers

Ryan Lowther provided commentary in a North Bay Business Journal article discussing banking and regulatory challenges facing the hemp industry. Read the full article, here .

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Publication

New California Housing Laws: AB 68 Accessory Dwelling Units

On January 1, 2020, several housing-related bills recently signed into law by the Governor take effect. We will explain the upcoming changes in housing law through a series of updates. Our first update...

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Publication

End of a Decade - Checklist for California Nonprofits

As 2019 comes to a close, we thought about our customary note to nonprofit officers and directors to take a few moments to confirm that important year-end responsibilities have not been overlooked. But since this...

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News

Ashley Breakfield Appointed to CREW Network Diversity & Inclusion Task Force

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Publication

Is your company covered by California's new privacy law?

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Event

PFAS Litigation Conference

Sarah Bell will be speaking at Law Seminars International's PFAS Litigation Conference program, "Lines of Defense" on December 10. Details: Assessing and choosing among the legal options for defending toxic tort, mass tort, and...

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Publication

Are Losses Resulting from Phishing Incidents Covered by Crime Policies Insuring Against Computer Fraud?

It is an all-too-common dilemma. As phishing schemes have become more prevalent and more sophisticated, businesses of all sizes have fallen victim to these attacks where a fraudster will use a spoofed email or other...

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Event

WSJ Pro Cybersecurity Symposium

Tyler Gerking will be speaking at the WSJ Pro Cybersecurity Symposium session, "The Role of Cyber-Insurance." Details: How much should you buy, what does it cover and how does it fit with an overall...

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