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OVERVIEW

Janet Dean Gertz
Partner

San Diego

655 West Broadway
Suite 900
San Diego, CA 92101

Los Angeles

2029 Century Park East
Suite 300
Los Angeles, CA 90067

P 619-321-5002

M 424-386-4962

OVERVIEW

Janet Dean Gertz
Partner

San Diego

655 West Broadway
Suite 900
San Diego, CA 92101

Los Angeles

2029 Century Park East
Suite 300
Los Angeles, CA 90067

P 619-321-5002

M 424-386-4962

After decades of practice, Janet Gertz is fluent in many areas of the law and can quickly analyze complex debt instruments, intercreditor agreements and complex transaction documents. Her knowledge and prior business experience enables her to apply complex legal theory to real world situations and think “outside of the box” when it comes to overcoming obstacles to progress and providing legal solutions that are practical.

OVERVIEW

After decades of practice, Janet Gertz is fluent in many areas of the law and can quickly analyze complex debt instruments, intercreditor agreements and complex transaction documents. Her knowledge and prior business experience enables her to apply complex legal theory to real world situations and think “outside of the box” when it comes to overcoming obstacles to progress and providing legal solutions that are practical.

Janet counsels clients in the areas of bankruptcy and insolvency, financial restructuring, and creditors' rights in large chapter 11 reorganizations. She also advises on related general business litigation and appeals, appearing regularly in bankruptcy and non-bankruptcy courts and courts of appeal across the country. In addition, Janet maintains a significant transactional practice including debtor-in-possession financing, restructuring of private activity bonds, and leveraged lease transactions. Her clients have included a variety of creditors, creditor committees, mass tort claimants, trustees, and debtors-in-possession, along with acquirers of distressed assets.

Janet is appreciated for her analytical skill, meticulous attention to detail, and extensive knowledge of the UCC and commercial law. Her experience enables her to analyze complex debt instruments, intercreditor agreements and material contracts, which enables her to identify key issues and thereby advise her client of optimal strategies through an insolvency event at any stage of development.

She is also valued by clients and colleagues alike for her clear, succinct and convincing writing and communication style, which has resulted in numerous successful outcomes on appeal, including published decisions in the Third, Ninth and Tenth Circuit Courts of Appeal.

Prior to law school, Janet served in product management positions at information technology companies. Janet’s in-house experience helped her to appreciate the challenges that businesses face with respect to their investors, stakeholders and customers and arrive at solutions that meet the client’s business objectives.

Professional and Community Involvement

Co-Chair, Lawyer Representative, Southern District of California; participates in meetings with judges of the Southern District of California and helps them develop programs for the enhancement of the courts

Member of the Ninth Circuit Lawyer Representative Coordinating Committee regarding Ninth Circuit Judicial Conference; coordinates programs with the Chief Bankruptcy Judges in the Ninth Circuit

Ex-officio member, Bankruptcy Rules Advisory Committee, U.S. District Court for the Southern District of California

Member, Insolvency Law Committee of the Business Law Section, Publications Committee, State Bar of California

Member, American Bankruptcy Institute

Member, California Bankruptcy Forum

Member, National Association of Bond Lawyers

EXPERIENCE

Published Decisions:

  • In re Icenhower, 406 B.R 42 (Bankr. S.D. Cal 2009)’ affd 567 Fed. Appx 517 (9th Cir 2014)
  • In re Icenhower, 757 F.3d 1044 (9th Cir. 2014), cert den. 135 S.Ct. 2375 (2015)
  • Newsome v. Lawson, 286 F.Supp.3d 657 (D. Del. 2017)
  • Newsome v. Gallacher, 722 F.3d 1257 (10th Cir. 2013)
  • In re Qimonda Richmond, LLC 476 B.R. 431 (Bankr. D. Del. 2012)
  • Tabaddor v. Holder, 156 F.Supp.3d 1076 (C.D. Cal. 2015)
  • In re Grafton Partners, 321 B.R. 527 (BAP 9th Cir. 2005)
  • In re North Plaza, LLC, 395 B.R. 113 (Bankr. S.D. Cal. 2008)
These decisions occurred prior to joining Barnes & Thornburg.
EXPERIENCE
INSIGHTS & EVENTS
PUBLICATIONS
  • “Litigation Finance and the Issues It Creates in Bankruptcy,” co-authored with Ali Mojdehi and Allison M. Rego, ABI Journal, April 2018
  • “Hope for a ‘Cure’? Entz-White Was Superseded by Enactment of § 1123(d),” co-authored with Ali Mojdehi and Allison M. Rego, ABI Journal, January 2017
  • “Valuation Method Proves Pivotal in Adelphia Avoidance Action,” co-authored with Michael Klein, Journal of Corporate Renewal, Vol 27, July/August 201
  • "The Implicit ‘Good Faith' Requirement in Chapter 11 Liquidations: A Rule in Search of a Rationale?" co-authored with Ali Mojdehi, 14 Am. Bankr. Inst. L. Rev. 143, 2006
  • "Settlement Payments Exempted From Avoidance: Payments for Illegally Unregistered Securities Are Not ‘Settlement Payments' Under 11 U.S.C. § 741(8)," co-authored with Ali Mojdehi, The Bankruptcy Strategist Vol. 22 No. 7, June 2005

These occurred prior to joining Barnes & Thornburg.

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