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Jeffrey D. Ganz

Jeffrey D. Ganz
Senior Partner / Bankruptcy; Litigation
Boston, Chicago, and New York Offices
617-880-3568
617-692-3568 fax
jganz@riemerlaw.com

Jeff has substantial experience representing secured and unsecured creditors in a variety of contexts in bankruptcy courts across the country. This experience has included litigating disputes over use of cash collateral, implementation of debtor in possession financing, obtaining relief from the automatic stay, investigation of fraudulent conduct, challenges to exemptions, defense and prosecution of fraudulent transfer and preference claims, prosecution of objections to and exemptions from discharge, challenges to plan confirmation, as well as the pursuit of conversion and dismissal of bankruptcy proceedings.

In addition to his bankruptcy practice, Jeff also has substantial experience litigating commercial cases in the state and federal courts of Massachusetts involving the enforcement of commercial contracts and loan arrangements, litigating disputes among secured creditors, and litigating on behalf of commercial landlords.

Jeff's work in these areas has resulted in a variety of trials, evidentiary hearings, and appeals in the following courts:

  • the Superior and District Courts of Massachusetts,
  • the Appellate Division of the Massachusetts District Courts,
  • the Massachusetts Appeals Court,
  • a single justice of the Massachusetts Supreme Judicial Court,
  • the U.S. Bankruptcy and District Courts for the District of Massachusetts,
  • the Bankruptcy Appellate Panel for the First Circuit,
  • United States Court of Appeals for the First Circuit,
  • the U.S. Bankruptcy and District Courts of Delaware,
  • the U.S. Bankruptcy Courts for the Northern and Southern Districts of New York,
  • the U.S. Bankruptcy Court for the Northern District of Illinois, and
  • the U.S. Bankruptcy Court for the Middle District of Florida.

Representative Cases

  • Successful pursuit of creditor's plan to reorganize and sell $28 million hotel in New York, facing opposition from owners and other creditors, requiring evidentiary hearings, depositions, and other analysis to resolve disputes over competing plans of reorganization, value of hotel, and related state court litigation involving receivership, foreclosure, and liability of guarantors
  • Successful defense of lender liability, fraudulent transfer, and related claims against secured lender in Illinois while opposing reorganization of multi-state transportation and real estate enterprise generating $10 million in revenue annually, conducting several evidentiary hearings over use of cash collateral and plan confirmation
  • Defense of breach of fiduciary duty claims against turnaround management professional in connection with medical technology company in California
  • Defense of fraudulent transfer and preference claims arising from the demise of an equipment refurbishing and distribution company in Illinois
  • Representation of senior secured lender holding $17 million in debt from Wyoming hotel, opposing proposed "cram down" plan of reorganization, contesting value of hotel, handling expert and non-expert discovery, conducting evidentiary and non-evidentiary hearings, evaluating and implement strategy relating to § 1111(b) election, ultimately resulting in a consensual plan of reorganization
  • Representation of senior secured lender holding $15 million in debt from Florida timeshare company, opposing proposed plan of reorganization, contesting value of consumer loan portfolio, handling expert and non-expert discovery, and conducting evidentiary and non-evidentiary hearings, ultimately resulting in consensual plan of reorganization
  • Representation of the senior secured mortgage lender in the Chapter 11 bankruptcy proceeding of a real estate developer in Connecticut, resulting in denial of confirmation of a plan of reorganization, conversion to Chapter 7, relief from the automatic stay, and payment in full
  • Representation of the senior secured lender in the Chapter 11 bankruptcy proceeding of a retail jewelry chain in Florida resulting in restructuring of debt, confirmed plan, and payment in full
  • Representation an unsecured creditor in the related voluntary and involuntary proceedings of a network of real estate developments and their principal before the Bankruptcy Court of the Southern Division of Texas, including substantial investigation of the various debtors' pre-petition fraud and the successful pursuit of a complaint seeking to exempt the creditor’s claim from any discharge
  • Successful defense at trial and appeal of a group of asset-based lenders being pursued for the alleged breach of an indenture governing the relationship between the debtor and its bondholders before the U. S. District Court of Delaware and U.S. Court of Appeals for Third Circuit
  • Representation of bankruptcy trustees and creditors in connection with various actions where debtors have attempted to conceal or transfer assets into sham trusts and other entities, prosecuting declaratory judgment actions seeking to avoid sham trusts and the related avoidance actions in order to increase recovery of assets for bankruptcy estate and eventual distribution to creditors
Published Decisions of Interest
  • In re American Consolidated Transportation Co., 433 B.R. 242 (Bankr. N.D. Ill. 2010).
  • Hechinger Liquidation Trust v. Bank Boston Retail Finance, Inc. (In re: Hechinger, Inv. Co.), 147 Fed.Appx. 248 (3d Cir. 2005).
  • Liquidation Trust of Hechinger Inv. Co. of Del., Inc. v. Fleet Retail Finance Group (In re: Hechinger Inv. Co. of Del., Inc.), 327 B.R. 537 (D. Del. 2005).
  • Rockland Trust Company v. Snyder (In re: Snyder), 249 B.R. 40 (Bankr. D. Mass. 2000).

Speaking Engagements

  • Speaker, Fraud and Fraudulent Transfers: When Your Client is Asked to Pay for Someone Else's Wrongdoing, Oklahoma Bar Association, December 2, 2016
  • Panelist, Drafting the Most Effective Settlement Agreements, American Bankruptcy Institute, Northeast Conference, July 10 – 11, 2015
  • Panelist, Plan to Fail: Mitigating Bankruptcy Risks in Settlement Agreements, Boston Bar Association, December 3, 2013
  • Panelist, On Sale Now - Distressed Assets of US-Based Technology Firms are on the Auction Block and Asian Firms are Buying, TAGLaw International Conference, May 8, 2013
  • Panelist, Assault on the Secured Creditor, American Bankruptcy Institute Northeast Conference, July 9 – 10, 2010
  • Panelist, Trying Your "1st" (or Next) Bankruptcy Case, Massachusetts Continuing Legal Education, Inc., February 25, 2009 and December 17, 2009

Affiliations

American Bankruptcy Institute
American Bar Association
Massachusetts Bar Association
Massachusetts Bar Foundation
New York State Bar Association
TAGLaw

Admissions

Massachusetts
New York
Illinois

U.S. District Court, District of Massachusetts
U.S. District Court, Southern District of New York
U.S. District Court, Northern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Northern District of Illinois
U.S. District Court, Central District of Illinois

U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit

U.S. Supreme Court

Education

Boston College Law School, J.D., 1993
Tufts University, B.A., 1989