Practice Expertise

  • Insolvency & Financial Law Group
  • Health Care Law
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Areas of Practice

  • Health Care Law
  • Insolvency & Financial Law Group
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Profile

Jeff Garfinkle represents secured and unsecured creditors, creditors’ committees, trustees, equity receivers, debtors, and other parties in a variety of bankruptcy, restructuring cases and collection matters, including out of court workouts. Jeff also specializes in matters pertaining to Articles 2 and 9 of the Uniform Commercial Code and asset sales of bankrupt and financially-troubled companies.

Jeff is regarded as one of the nation’s leading healthcare and pharmaceutical insolvency attorneys. For 25 years, he has served as primary U.S. insolvency, bankruptcy and collections counsel to the world’s largest healthcare corporation. In this capacity, Jeff has handled hundreds of healthcare and pharmaceutical-related bankruptcy and restructuring matters. Beyond this work, Jeff has represented committees, debtors, creditors and other parties in dozens of other healthcare bankruptcy cases. The depth and extent of Jeff’s healthcare and pharmaceutical bankruptcy expertise is unparalleled.

As a recognized expert on bankruptcy, healthcare, pharmaceutical, debt financing, and commercial law issues, Jeff has spoken at numerous conferences, including those held by the National Conference of Bankruptcy Judges, American Bankruptcy Institute, and American Bar Association.

For 2024, Jeff again is recognized as one of the Best Lawyers in America in the area of Bankruptcy and Creditor Debtor Rights and Insolvency and Reorganization Law. Jeff is Secretary of the Board of Governors of the Financial Lawyers Conference and recently served as Chair for the Commercial and Regulatory Law Committee of the American Bankruptcy Institute.

Jeff joined Buchalter in 2003 following 12 years with an international law firm and a one-year clerkship with the Honorable Louise DeCarl Adler, United States Bankruptcy Judge for the Southern District of California. In addition to practicing before the United States Supreme Court, Jeff has argued appeals in six Federal Courts of Appeals and handled bankruptcy and bankruptcy-related litigation matters in dozens of districts throughout the United States.

Bar Admissions

  • California
  • Washington

Education

  • Emory University School of Law
  • University of Florida

Areas of Practice

  • Health Care Law
  • Insolvency & Financial Law Group

Professional Career

Significant Accomplishments

Mr. Garfinkle routinely represents clients throughout the United States. Some of the recent notable bankruptcy cases Mr. Garfinkle has handled include:

  • Endo Pharmaceuticals (New York, NY; 2022-present); Mallinckrodt (Wilmington, DE; 2020-present), Purdue Pharma (New York, NY; 2019-present), and Insys Therapeutics (Wilmington, DE; 2019-present):  Counsel to trade creditor and product distributor to opioid pharmaceutical companies.
  • Neopharma (Greeneville, TN; 2020-present):  Counsel to creditors’ committee in bankruptcy case of the only remaining penicillin manufacturer in the Western Hemisphere.
  • Specialty Retail Shops Holding (Shopko) (Omaha, NE; 2019-present): Counsel to pharmaceutical supplier to hundreds of in-store pharmacies and co-chair of creditors’ committee.
  • Verity Health Systems (Los Angeles, CA; 2018-2020): Counsel to Allscripts Healthcare, an IT software licensee and co-chair of creditors’ committee, in Chapter 11 cases of owner of multiple hospitals throughout California. Also, counsel to a senior secured creditor, to one of the debtors.
  • 21st Century Oncology (New York, NY; 2017): Counsel to largest unsecured creditor and chair of creditors’ committee in the Chapter 11 cases of approximately 100 radiation oncology facilities and related physician practices throughout the United States.
  • Adeptus Health (Dallas, TX; 2017): Counsel to billing and collection company in the Chapter 11 cases of the largest operator of free-standing emergency rooms (around 140) located throughout the United States.
  • A&P Supermarkets (New York, NY; 2010-2012; 2015-present): Counsel to large trade creditors and defendants in $68 million preference lawsuits.
  • ThinkFilm, et al. (Los Angeles and London; 2011-2015): Counsel to senior secured creditors of multinational film production and distribution companies. Defendants to multiple adversary proceedings. Total secured debt in excess of $120 million.
  • Westcliff Laboratories (Santa Ana, CA; 2010-2013): Counsel to creditors’ committee to multi-facility medical laboratory and testing company.

Throughout his career, Mr. Garfinkle has been lead counsel in notable bankruptcy appellate decisions issued by Federal Courts of Appeals. They include:

  • Ameriquest v. Nosek, 544 F.3d 34 (1st Cir. 2008)—first appellate court decision holding that Bankruptcy Code § 1322(b) does not require home mortgage lenders to conform internal accounting practices to the repayment structures authorized by chapter 13 plans, thereby resulting in a reversal of $750,000 in sanctions awarded against the mortgage servicer.
  • Phar-Mor, Inc. v. McKesson, 534 F.3d 502 (6th Cir. 2008)—landmark appellate court decision establishing the senior priority of reclaiming sellers over all secured creditors and the right of reclaiming sellers to receive administrative claims on account of goods sold on the eve of bankruptcy. In this decision, the 6th Circuit rejected numerous contrary lower court decisions.
  • In re Rainbow Magazine, Inc., 77 F.3d 278 (9th Cir. 1996)—recognizing the inherent power of bankruptcy courts to sanction, and in so doing, reversed prior case law in 9th Circuit.

In addition, Mr. Garfinkle has been involved with numerous disputes that resulted in reported appellate, district and bankruptcy court decisions. They include In re Orexigen Therapeutics, Inc., 990 F.3d 748 (3rd Cir. 2021), 2020 WL 42824 (D. Del. 2020), and 596 B.R. 9 (Bankr. D. Del. 2018); In re Homestead at Whitefish LLC, 2020 Bankr. 1571; 2020 WL 7414410 (Bankr. D. Mont. 2020);  Screen Capital Int’l Corp. v. Library Asset Acquisition Co., Ltd. (In re ThinkFilm, LLC), 510 B.R. 266 (C.D. Cal. 2014); In re Karykeion, Inc., 435 B.R. 663 (Bankr. C.D. Cal. 2010); In re S&B Surgery Centers, Inc., 421 B.R. 546 (Bankr. C.D. Cal. 2009); In re Women First Healthcare, Inc., 345 B.R. 131 (Bankr. D.Del. 2006); Homestead Holdings, Inc. v. Broome & Wellington (In re PTI Holding Corp.), 346 B.R. 820 (Bankr. D. Nev. 2006); In re Phar-Mor, Inc., 301 B.R. 482 (Bankr. N.D. Ohio 2003); In re Jaeger, 213 B.R. 578 (Bankr. C.D. Cal. 1997); In re Maruko, Inc., 206 B.R. 225 (Bankr. S.D. Cal. 1997); In re San Diego Symphony Orchestra Ass’n., 201 B.R. 978 (Bankr. S.D. Cal. 1996); In re Maruko, Inc., 200 B.R. 876 (Bankr. S.D. Cal. 1996); and In re Warner Springs Partnership, 193 B.R. 28 (Bankr. S.D. Cal 1995).





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