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 in Bankruptcy since  (2004-2006, 2009-2022)
  • "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

  • Member, Commercial Transactions Committee, California Lawyers Association
  • Member, Insolvency Law Committee, Business Law Section, California Lawyers Association
  • Member, American Bankruptcy Institute
  • 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

Farella Braun + Martel Announces 2023 New Partner Class

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News

Jaya Bajaj Named to Lawyers of Color Hot List 2022

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Publication

Federal and California Taxpayer Relief: Reprieve From Wet Winter Weather

2023 started California off with weather that escapes recent memory. Rain, snow, and surf seemed unrelenting for the first two weeks of January. While this spell of winter storms has brought snow to our...

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Publication

Privacy Policy Best Practices for Nonprofits

Welcome to EO Radio Show – Your Nonprofit Legal Resource . I’m happy to have my colleague Nate Garhart back for a discussion on privacy laws and how they affect website content development, as...

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Event

Bisnow: East Bay State of the Market

CJ Higley will moderate the panel "Tenant Activity, Creative Deal Structures, and Smart Investments Opportunities & Meeting Never-Ending Demand for Industrial Space" at Bisnow's annual “East Bay State of the Market" event. Click  here  for more information...

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Event

Wage Transparency: Current and Future Requirements for Employers

Holly Sutton is speaking at the session "Wage Transparency: Current and Future Requirements for Employers" at HR West's 2023 conference. Session Overview: The session will address the current wage transparency posting and reporting requirements for California employers and related...

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Event

Plastics and Recyclability Claims

Elisabeth Dorsi is moderating the plenary session "Plastics and Recyclability Claims" at the ABA’s 2023 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees’ Joint Regional CLE Program. Session Overview: This panel will discuss the...

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News

Discovery Builders Wins Complete Defense Ruling at Trial

Northern California legal powerhouse Farella Braun + Martel secured a complete defense victory at trial on behalf of developer Discovery Builders, Inc. and co-defendants in a lawsuit by the Yolo County District Attorney’s Office in...

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Publication

Under FTC’s New Proposed Rule, Employers Will No Longer Be Able to Rely on Noncompete Agreements

The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts. Noncompete agreements prevent employees and independent contractors from pursuing certain forms of employment &ndash...

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Publication

Nonprofit Websites and Terms of Use - Best Practices and Common Pitfalls

Welcome to EO Radio Show – Your Nonprofit Legal Resource . Happy New Year, everyone!  In episode 26, Cynthia Rowland and her guest Nate Garhart discuss websites and terms of use and the legal concepts...

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