Gary L. Kaplan is a bankruptcy and restructuring partner resident in Fried Frank's New York office. He joined the Firm in 1998 and became a partner in 2005.
Mr. Kaplan has extensive experience in representing debtors and official and unofficial creditors' and equity committees in chapter 11 cases and out-of-court restructurings. He also represents significant creditors, lenders and third-party purchasers in connection with chapter 11 cases and out-of-court restructuring situations.
Mr. Kaplan regularly appears in bankruptcy courts throughout the United States on a wide range of issues.
Honors & Awards
Mr. Kaplan is consistently recognized by Chambers USA: America's Leading Lawyers for Business as a leading individual in Bankruptcy/Restructuring and is consistently recognized by Legal 500 in Finance: Corporate Restructuring. He was named an "Outstanding Young Restructuring Lawyer" in a special report in the April 15, 2007 issue of Turnarounds and Workouts.
Professional Associations
Member, American Bankruptcy Institute
Member, American Bar Association
Clerkships
Mr. Kaplan served as a law clerk to the Hon. Marie Garibaldi, New Jersey Supreme Court.
Selected Representations
Debtor representations include:
AAI Pharma, Inc.
Ivaco, Inc.
Rand McNally & Company
Loews Cineplex Entertainment Corporation
Family Golf Centers, Inc.
Representations of creditors' committees and equity committees in connection with Chapter 11 cases and out-of-court proceedings have included:
Calpine Corporation
Dana Corporation
Home Products, Inc.
HealthSouth Corporation
Sirius Satellite Radio
Commercial Financial Services, Inc.
Pope & Talbot, Inc.
World Kitchen, Inc.
Representations of significant creditors or third party purchasers in connection with a number of Chapter 11 cases and out-of-court proceedings include:
Adelphia Communications Corp.
Northwestern Corp.
Cable & Wireless USA, Inc.
Global Crossing, Ltd.
Swifty Serve Corporation
Texas Petrochemicals, LP
Tokheim Corporation
Jitney Jungle, Inc.
Penn Traffic Company, Inc.
ICO Global Communications, Inc.
Metromedia Fiber Network
Refco, Inc.
Service Merchandise Company
Mr. Kaplan has also represented a variety of significant creditors and third-party acquirers in restructuring situations, including:
AmSouth Capital Corp.
Magten Asset Management Corp.
WR Huff Asset Management Co.
Vornado Realty Trust
The CIT Group, Inc.
Goldman, Sachs & Co., Inc.
National Food Manufacturers Credit Association Co.
Lloyds of London
Wellspring Capital Management, LLC
Publications
Client Memoranda
Delaware Bankruptcy Court Applies Section 1129(a)(10) on a Per Debtor Basis in the Tribune Chapter 11 Cases, Nov 15, 2011
Authors: Brad Eric Scheler, Jean E. Hanson, Gary L. Kaplan, Shannon Lowry Nagle, Alan N. Resnick, Jennifer L. Rodburg, Bonnie Steingart, Kalman Ochs
Supreme Court Adopts Amendments to Bankruptcy Rule 2019 on Disclosure Requirements for Multiple Creditors and Equity Security Holders Acting in Concert in Chapter 11 Cases, Apr 29, 2011
Authors: Brad Eric Scheler, Jean E. Hanson, Gary L. Kaplan, Shannon Lowry Nagle, Alan N. Resnick, Jennifer L. Rodburg, Bonnie Steingart, Kalman Ochs
District Court Reverses Controversial TOUSA Decision on Fraudulent Transfers, Feb 22, 2011
Authors: Brad Eric Scheler, Jean Hanson, Gary Kaplan, Shannon Lowry Nagle, Alan Resnick, Jennifer Rodburg, Bonnie Steingart, Kalman Ochs
In re Visteon: Third Circuit Expands the Protection of Retiree Benefits in Chapter 11 Cases, August 12, 2010
Authors: Brad Eric Scheler, Alan N. Resnick, Jean E. Hanson, Bonnie Steingart, Shannon Lowry Nagle, Gary L. Kaplan, Jennifer L. Rodburg, Kalman Ochs
Unraveling Financing Transactions Under Fraudulent Conveyance Laws: The Lessons of In re TOUSA, Inc., Nov 2, 2009
Authors: Brad Eric Scheler, Jean E. Hanson, Gary L. Kaplan, Alan N. Resnick, Jennifer L. Rodburg, Bonnie Steingart, Kalman Ochs
Underfunded Pension Liability: Lenders and Buyers Beware, Nov 7, 2008
Authors: Valerie Ford Jacob, Brad Eric Scheler, Jean E. Hanson, Gary L. Kaplan, Brian D. Pfeiffer, Alan N. Resnick, Jennifer L. Rodburg, Bonnie Steingart, Daniel J. Bursky, Stuart H. Gelfond, Laraine S. Rothenberg, Amy L. Blackman, Eric Cafritz, David Chijner, Sven Schulte-Hillen, Sheena McCaffrey, Todd McCafferty, Anna Taylor
Florida Dept. of Revenue v. Piccadilly Cafeterias, Inc.: Supreme Court Decision Denying Stamp Tax Exemption to Pre-Confirmation Sales in Chapter 11 Cases, Jun 27, 2008
Authors: Brad Eric Scheler, Jean E. Hanson, Gary L. Kaplan, Brian D. Pfeiffer, Alan N. Resnick, Bonnie Steingart, Kalman Ochs
Reversal of Enron Ruling on Claims Transfers - Reevaluating the Risks of Equitable Subordination, Oct 1, 2007
Authors: Brad Eric Scheler, Jean Hanson, Gary Kaplan, Vivek Melwani, Brian Pfeiffer, Alan Resnick, Bonnie Steingart, Kalman Ochs
Revisiting Insider Trading in the Debt Markets: Lessons For Debt Investors and Members of Committees in Bankruptcy Cases, Jun 19, 2007
Holding Debt and Equity Investments in a Financially Distressed Company May Survive Recharacterization Claims, Dec 8, 2006
Authors: Brad Eric Scheler, Jean E. Hanson, Gary L. Kaplan, Vivek Melwani, Alan N. Resnick, Bonnie Steingart, Kalman Ochs, Maurice Lantourne, David Chijner
The Risks of Equitable Subordination to Transferred Claims, Dec 23, 2005
Authors: Brad Eric Scheler, Jean E. Hanson, Gary L. Kaplan, Vivek Melwani, Alan N. Resnick, Bonnie Steingart, Kalman Ochs
Reform of French Bankruptcy Law - Adoption of the Business Safeguard Act, Nov 17, 2005
Authors: Eric Cafritz, David Chijner, Patrick Jaïs, Laurent Assaya, Brad Eric Scheler, Jean E. Hanson, Gary L. Kaplan, Vivek Melwani, Alan N. Resnick, Bonnie Steingart, Kalman Ochs
The Third Circuit in Owens Corning Severely Limits Availability of Substantive Consolidation as a Remedy in Bankruptcy Cases, Aug 22, 2005
Authors: Brad Eric Scheler, Vivek Melwani, Bonnie Steingart, Jean E. Hanson, Alan N. Resnick, Gary L. Kaplan, Kalman Ochs, Valerie Ford Jacob, Daniel J. Bursky, Stuart H. Gelfond, Arthur S. Kaufman, Michael A. Levitt, Craig F. Miller, Brian D. Murphy, F. William Reindel
Articles
Rule 2019 Amendments: Clarify Disclosure Requirements - Changes Guide Representatives of Multiple Creditors in Bankruptcy Cases, Sep 26, 2011
Source: New York Law Journal
Authors: Gary Kaplan and Jennifer Rodburg
News
News Releases
Fifty-seven Fried Frank Partners and Twenty-four Practice Areas Recognized by Chambers USA 2011, Jun 14, 2011
Fried Frank Honored by IFLR Americas with "Restructuring Deal of the Year" Award, Mar 31, 2011
Fifty-eight Fried Frank Partners and Twenty-nine Practice Areas Recognized by Chambers USA 2010, Jun 11, 2010
The Legal 500 United States 2010 Edition Recognizes Fifty-two Fried Frank Lawyers and Nineteen Practice Areas, Jun 8, 2010
Fifty-eight Fried Frank Partners and Thirty-one Practice Areas Recognized by Chambers USA 2009, Jun 11, 2009
The Legal 500 United States 2009 Edition Recognizes Forty-Three Fried Frank Lawyers and Nineteen Practice Areas, Jun 3, 2009
Fifty-four Fried Frank Partners and Thirty-two Practice Areas Recognized by Chambers USA 2008, Jun 13, 2008
Gary Kaplan Named One of Turnarounds & Workouts Outstanding Young Restructuring Lawyers for 2007, Apr 25, 2007
Fried Frank Names Ten New Partners, Aug 1, 2005
Accolades
CCM's Multibillion-Dollar Restructuring Named "Best Restructuring Deal of 2011", Mar 23, 2012
Fried Frank Honored by IFLR Americas with "Restructuring Deal of the Year" Award, Apr 1, 2011
New York Bankruptcy and Restructuring partner Gary L. Kaplan Selected as One of Institutional Investor's Rising Stars in Bankruptcy/Restructuring Law and Workouts, Dec 23, 2008
Turnarounds & Workouts Outstanding Young Restucturing Lawyers 2007, Apr 15, 2007
Media Mentions
Deal Pipeline notes Fried Frank's representation of Merck in its acquisition of Inspire Pharmaceuticals, Apr 5, 2011
Deal Pipeline reports Fried Frank's role in chapter 11 case of Workflow Management, Inc., Feb 28, 2011
Dow Jones Daily Bankruptcy Review reports on Fried Frank's role as lead debtors counsel in connection with Cooper-Standard's bankruptcy, Mar 29, 2010
Law360 speaks to Gary Kaplan about the popularity of fulcrum investing, Oct 9, 2009
Gary Kaplan is quoted in an article about Calpine Corp. on TheDeal.com, Sep 26, 2007
Gary Kaplan has been named an "Outstanding Young Restructuing Lawyer" by Turnarounds and Workouts, Apr 15, 2007
Rankings - Chambers
Chambers USA, 2011 Jun 13, 2011
Rankings - Legal 500
Legal 500 US, 2011 Jun 14, 2011
Events
Past Events
Speaking Engagements
Return of the Exchange Offer: Restructuring Techniques Out of Bankruptcy, May 4, 2009
Bankruptcy 101, Apr 22, 2009
Valuation in a Depressed Market (Lead Presenter), Mar 27, 2009
Hot Topics In Valuation Decisions / Fights Iridium, Vlasic (AT), May 12, 2008
The Evolving Role of Market Valuation: Vlasic, Iridium, and Delphi, and their impact upon Market Makers and Hedge Funds, Apr 10, 2008
Webinars
Financial Services Task Force Webinar Series: Dealing with Banks and the FDIC, Oct 14, 2009
Financial Services Task Force Webinar Series: Fallout from Lehman and other Counterparty Collapses, Sep 23, 2009