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.

Mr. Kaplan 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

  • 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)