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Buchalter

Jeffrey K. Garfinkle

Jeffrey K. Garfinkle

Shareholder

Expertise

  • Insolvency & Financial Law Group
  • Health Care Law

WSG Practice Industries

Activity

Buchalter
California, U.S.A.

Profile

Jeff Garfinkle’s primary practice involves the representation of secured and unsecured creditors, creditors’ committees, trustees, equity receivers, debtors, and other parties in interest 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 representing purchasers of assets from bankrupt companies.

Jeff is regarded as one of the nation’s leading healthcare and pharmaceutical insolvency attorneys.  For more than 20 years, Mr. Garfinkle 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, Mr. Garfinkle has represented committees, debtors, creditors and other parties in dozens of other healthcare bankruptcy cases.  The depth and extent of Mr. Garfinkle’s healthcare and pharmaceutical bankruptcy representations and expertise is unparalleled.

In February 2003, Mr. Garfinkle joined Buchalter following 12 years with a large national law firm.  During 1990 and 1991, Mr. Garfinkle served as law clerk to the Honorable Louise DeCarl Adler, United States Bankruptcy Judge for the Southern District of California.

Mr. Garfinkle is a frequent speaker on bankruptcy, healthcare, pharmaceutical, debt financing, and commercial law issues. He has spoken at conferences held by the National Conference of Bankruptcy Judges, American Bankruptcy Institute, and American Bar Association.

For 2021, Mr. Garfinkle 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 a member of the Board of Governors of the Financial Lawyers Conference and serves as Education Director for the Commercial and Regulatory Law Committee of the American Bankruptcy Institute. He serves on the Advisory Board for the Emory Bankruptcy Developments Journal.

Mr. Garfinkle is admitted to the United States Supreme Court, five Federal Courts of Appeals, and all Federal District Courts in California and Washington. He is a member of the American Bankruptcy Institute and Financial Lawyers Conference.

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:

  • Mallinckrodt (Wilmington, DE; 2020), Purdue Pharma (New York, NY; 2019), and Insys Therapeutics (Wilmington, DE; 2019):  Counsel to trade creditor and product distributor to opiate pharmaceutical companies
  • Specialty Retail Shops Holding (Shopko) (Omaha, NE; 2019): Counsel to pharmaceutical supplier to hundreds of in-store pharmacies and co-chair of creditors’ committee.
  • Verity Health Systems (Los Angeles, CA; 2018): 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; 2017): Counsel to large trade creditors and defendants in $68 million preference lawsuits.
  • ThinkFilm, et al. (Los Angeles and London; 2011): 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): 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 published district and bankruptcy court decisions. They include In re Orexigen Therapeutics, Inc., 596 B.R. 9 (Bankr. D. Del. 2018); 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 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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