Jeffrey C. Krause

Jeffrey C. Krause is a partner in the Los Angeles office of Gibson, Dunn & Crutcher where he is a member of the firm’s Business Restructuring and Reorganization Practice Group. He has a broad corporate restructuring practice that handles significant debtor and creditor representations, acquirers of assets from chapter 11 debtors, lessors, landlords, secured and unsecured creditors.

Jeff frequently advises boards and shareholders on fulfilling fiduciary duties and minimizing litigation risks when faced with financial distress. He represents defendants in preference actions, fraudulent transfer actions and large, complex commercial disputes, including lender liability claims.

 

Awards and Accolades:

• Chambers USA: America’s Leading Lawyers for Business, “Band 1: California Bankruptcy/Restructuring” (2013-2024)
• The Best Lawyers in America®, “Bankruptcy & Creditor Debtor Rights/Insolvency & Reorganization Law” (2003 - 2024) and “Lawyer of the Year” (2017)
• Lawdragon “500 Leading U.S. Bankruptcy & Restructuring Lawyers” (2022-2024)
• Turnarounds & Workouts, “Outstanding Restructuring Lawyer” (2018)

 

Representative Clients and Transactions:

• Represented BrightSpire, Cerberus, Deutsche Bank, Divco West, Goldman Sachs and Welltower as secured lenders in multiple workouts and enforcement actions.
• Represented PDL BioPharma, Inc. in enforcing remedies against several borrowers and guarantors of debt, in and out of bankruptcy.
• Advised an ad hoc first lien secured creditor group of specialty pharmaceutical company, Endo International, with respect to the restructuring transaction and bankruptcy proceedings.
• Advised Liberty Hall Capital Partners, in connection with the out of court restructuring of AeroCision Parent, LLC.
• Represented Berkshire Hathaway Energy as proposed plan sponsor in the $18 billion acquisition of Energy Future Holdings.
• Advised mortgage lender Deutsche Bank in mall owner CBL & Associates Properties’ out-of-court restructuring.
• Represented companies in out of court restructurings and chapter 11 cases in multiple industries, including hospitality, food service, hospitals, commercial real estate, office buildings and multi-family residential

 

Memberships and Professional Involvement:

• Fellow, American College of Bankruptcy
• Member, Los Angeles County Bar Association (Former Member of Executive Committee of Section on Commercial Law and Bankruptcy and Past Chair of Pro Bono Debtor Assistance Project)
• Member, Sections on Litigation and Business Law, American Bar Association (Past Co-Chairman of Bankruptcy and Insolvency Committee of the Litigation Section)
• Member, TMA Distressed Investing Conference Planning Committee (2022)
• Trustee, TMA Global Leadership (2022)
• President, Turnaround Management Association, Southern California Chapter (2017)
• Adjunct Professor, University of Southern California School of Law (1994-2000) (2002)
• Board Member, Financial Lawyers Conference (1999-2002)
• Director, California Bankruptcy Forum (1997-2000)
• President, Los Angeles Bankruptcy Forum (1996-1997)
• Member, Debtor-Creditor Committee, Business Law Section (1992-1995)
• Member, UCC Committee, Business Law Section, State Bar of California (1987-1990)
• Adjunct Professor, Loyola School of Law teaching Real Property Secured Transactions (1987-1988)

 

Publications:

• “In a Class All Their Own,” Vol. 20, No. 5, Los Angeles Lawyers 42 (July-August 1997)
• “Whose Lawyer Are You: Fiduciary Obligations of Debtor in Possession’s Counsel,” 31 Beverly Hill Bar Ass’n Journal, Vol. 2 (1997)
• “Appellate Practice Educational Materials for Federal Judicial Center Programs for New Bankruptcy Appellate Panel Judges,” (1996 and 1997);
• “Non-Collusive Foreclosure Sales of Real Property Are Not Avoidable As Fraudulent Transfers,” 3 ABA Bankr. Litigation Newsletter 18, (1995)
• “The Bias of the Courts Against Single Asset Real Estate Cases is Creating Bad Law in the Area of Classification,” 22 Cal. Bankr. J. 45, (1994)
• “Foreclosure Sales Should Not Be Treated As Fraudulent Transfers,” 1 ABA Bankr. Litigation Newsletter 7, (1993)
• “United States Trustee Guidelines Regarding Prepetition Retainers,” 18 Cal. Bankr. J. 135, (1990)
• “California Real Property Financing: Bankruptcy and Secured Real Property Transactions,” CEB, (1989) (Contributing Author)
• “Treatment of Prepetition Retainers,” 17 Cal. Bankr. J. 153, (1989)
• Steinberg, Bankruptcy Litigation, (1989) (Contributing Author)
• Consultant, Bernhardt, California Mortgage and Deed of Trust Practice (2d ed. 1989 CEB)

 

Speaking Engagements:

• American Bankruptcy Institute Complex Financial Restructuring Program (2019, 2020, 2022)
• UCLA School of Law and Financial Lawyers Conference, “Bankruptcy Nuts and Bolts all day seminar: Asset Sales under Bankruptcy Code section 363” and “Executory Contracts under Bankruptcy Code section 365”
• USC Gould School of Law Real Estate Law and Business Forum, “Real Estate Valuation in Workouts and Chapter 11 Bankruptcy Cases and Other Valuation Triggering Events”
• Los Angeles Bankruptcy Forum, “Be WARNed: Risks of Liability for Insiders, Secured Lenders and Buyers for Unpaid Employment Related Claims”
• Turnaround Managers Association, Southern California Chapter, “Distressed Valuations – ‘What is the Right Real Estate Valuation Approach and How to Plead Your Case!’”
• Turnaround Managers Association, Annual Western Regional Conference, “Litigation of Valuation Issues for Operating Businesses and Cramdown Interest Rates After Momentive”
• California Receiver’s Forum, “Labor and Employment Issues for Receivers Administering Operating Business”
• American Bankruptcy Institute Battleground West, “Healthcare Restructuring”
• Los Angeles Bankruptcy Forum, “Recent Developments Debate Program”

 

Jeff attended the University of California Los Angeles, where he received his B.S. in Economics in 1977, and his J.D. in 1980. Jeff served on the UCLA Law Review, and was elected to the Order of the Coif.

Capabilities

• Business Restructuring and Reorganization
• Betting and Gaming
• Crisis Management
• Energy and Infrastructure
• Finance
• Litigation
• Mergers and Acquisitions
• Oil and Gas
• Power and Renewables
• Private Equity
• Real Estate
• Royalty Finance

Credentials

Education:

• University of California - Los Angeles - 1980 Juris Doctor
• University of California - Los Angeles - 1977 Bachelor of Science

Admissions:

• California Bar