Jeff Krieger is a partner at Greenberg Glusker and a specialist in bankruptcy-related matters. He joined the firm in October of 1991 after a stint as a summer associate during law school. He returned after graduation and became a partner in 1998.
Jeff’s practice is broad and encompasses both creditors and debtors, as well as clients whose business dealings are potentially affected by financial distress, whether involving a vendor, a customer, business partner or simply a stakeholder. By combining strategic, high-level counsel with deep expertise in the procedural elements of bankruptcy law, Jeff assists his clients in managing the risks presented by bankruptcy proceedings and maximizing the opportunities.
Whenever someone engaged in a business undertaking becomes involved, even obliquely, in Chapter 11, it affects everyone connected with them. By strategizing early and acting decisively in these situations, Jeff’s clients can often either limit their potential exposure, take advantage of a newly uncovered opportunity, or both.
Although he has counseled clients in a range of industries, real estate and entertainment (particularly production studios and television companies) are two of Jeff’s primary industry verticals. For these clients, he often acts as a kind of Distant Early Warning system when a party with whom they have business dealings—say, a contractual relationship—either enters Chapter 11 or begins exhibiting signs of financial distress. In these situations, Jeff works with a client to evaluate the situation, and review the key tactical issues: “How do I protect myself?”; “Can I continue to do business with this company?”; “How do we collect what we’re owed?”; and “When should we terminate this arrangement?”
Jeff’s experience and strategic sense often enable him to utilize bankruptcy as a source of competitive advantage for his clients. For example, this may involve purchasing an asset from a bankrupt entity at a significant discount using Section 363 proceedings. It may also mean enabling a client to recover assets that were assumed to be unavailable by carefully reviewing the bankruptcy filings and the debtor’s status. An example of this might be a subordinated creditor who, unexpectedly, had not been required by the senior creditor to waive the right to marshall assets and consequently recovered over one million dollars for the client. Jeff has a wide array of tools in his legal toolbox and will use the most effective one for the business situation at hand.
Bankruptcy is, despite all the legal issues involved, ultimately a business situation. In that context, Jeff recognizes that a negotiated resolution is usually preferable to a litigated one. A practical solution that’s based on a business-oriented analysis of the cost and benefits of different options is almost always superior to heading for the courthouse. Jeff’s ability to do this is informed by an intimate, firsthand knowledge of the bankruptcy bench—his longstanding working relationship with Southern California bankruptcy judges gives his arguments impact—they listen because they know him. Effective arguments and practice before the bankruptcy bench can often forestall the need to make arguments elsewhere later.
As is so often the case in business, the ultimate effect of bankruptcy proceedings depends in large measure on how they’re managed. What initially appears to be an unworkable or very negative situation can often contain significant latent advantages. Utilizing a combination of strategic thinking and planning, and careful, expert guidance through the nuances of bankruptcy statutes and procedure, Jeff insures the best possible outcome for his clients and converts latent advantages into tangible ones.
Professional Affiliations
- Member, Athletes Touch networking group
- Former Chair, Commercial Law and Bankruptcy Section of Los Angeles County Bar Association
Charitable & Civic Involvement
- Member, Board of Directors and Executive Committee, Special Olympics Southern California
- Chairman, Board of Directors and Executive Committee, Special Olympics Southern California, January 2016 - December 2018
- Member, Board of Directors, Maccabi USA Sports for Israel
Awards
- Listed, Best Lawyers of America - Bankruptcy Law, 2018- 2020
- Rated, "AV Preeminent 5.0 out of 5," Martindale Hubbell
Bar Admissions
- California
Education
- University of California, Davis School of Law (J.D., 1991)
- Swarthmore College (B.A., 1986)
- Economics Major
Bankruptcy Experience
- Currently represents Glider Co. Ltd. as an administrative creditor in the Gymboree bankruptcy case
- Currently represents Ushio America, Inc. as the largest creditor in the bankruptcy case of American Green Technology, Inc.
- Currently represents Discovery Communications, LLC, as a petitioning creditor in the involuntary Chapter 11 bankruptcy case of Diversified Mercury Communications, LLC
- Currently represents Discovery Communications, LLC, a creditor in the Chapter 11 bankruptcy case of KSL Media, Inc.
- Currently represents the commercial landlord in the Chapter 11 case of retailer Stanley Swain’s, Inc.
- Currently represents clients in recovering monies invested in the Bernie Madoff ponzi scheme
- Currently represents numerous clients in bankruptcy court adversary proceedings including preference and fraudulent transfer litigation
- Represented Brighton-Best International, Inc. in its successful acquisition of the assets of Ironclad Performance Wear Corporation (now ICPW) out of its Chapter 11 bankruptcy
- Represented Discovery Communications, LLC, a creditor in the Chapter 11 bankruptcy case of KSL Media, Inc.
- Represented Imaging 3, Inc. as Chapter 11 debtor through its successful confirmation of its Chapter 11 Plan of Reorganization
- Represented Signal Walnut Partnership L.P., in the Chapter 11 bankruptcy cases of Orange Grove Service, Inc.
- Represented a private first trust deed holder in the Chapter 11 bankruptcy case of Ocean Hills
- Represented Avalon Risk Management, a broker of United States customs bonds, in numerous bankruptcy proceedings filed by importers utilizing customs bonds
- Represented the Court appointed liquidator’s U.S. interests in an international insolvency proceeding based out of the Commonwealth of Dominica in which the debtor entity is a corporation responsible for an illegal “ponzi” scheme which defrauded investors of greater than $50 million
- Represented Convergenz, a personnel staffing company, in the bankruptcy of Axium Corporation
- Represented Regency Park Senior Living in its successful acquisition out of bankruptcy of a senior assisted living facility in Pasadena, California
- Represented Roland Corporation, a junior secured creditor in the Mars Music bankruptcy, securing a significant recovery from the bankruptcy estate and senior lender after commencing litigation to require the senior lender to marshal assets for the benefit of Roland
- Represented the City of Culver City in contested claim for unpaid taxes against Chapter 11 debtor Urban Hotels resulting in favorable settlement for Culver City
- Represented Auto Wax Co., a manufacturer of car care products, as petitioning creditor in a contested involuntary bankruptcy against judgment debtor Mark V Products, defeating a motion to dismiss the involuntary petition
- Represented Cheesecake Factory as creditor and reclamation claimant in the Ameriserve and Empire Beef bankruptcies
- Represented PacifiCare of California as the single largest creditor in multiple hospital and health care provider bankruptcies
- Represented a private secured creditor in the Southern Select Ranch bankruptcy case
- Represented AXA, as secured creditor in the Destination Film bankruptcy case
- Represented creditors’ committee in the California Power Exchange bankruptcy case
- Represented creditors’ committee in the Packaging Corporation of America bankruptcy case
- Represented creditors’ committee in the Universal Communications Network bankruptcy case
- Represented creditors’ committee in the Primedex bankruptcy case
- Represented bankruptcy trustee in liquidation of a waste disposal company
- Represented bankruptcy trustee in liquidation of a private accounting firm
- Represented Remi restaurant in its successful liquidating Chapter 11 bankruptcy
- Represented The Movie Group in a successful Chapter 11 reorganization after creditors had forced The Movie Group into an involuntary bankruptcy
Real Estate Experience
- Represents real estate secured creditors in Orange Grove Services, Inc. and Ocean Hills Chapter 11 bankruptcy cases
- Represented commercial landlord in Chrysler Chapter 11 bankruptcy case
- Regularly represents real estate developers in connection with deal required legal opinions, including substantive consolidation opinions, allowing clients to obtain commercial real estate loans
- Currently represents or has represented commercial landlords in large retail Chapter 11 bankruptcy cases around the country, including Blockbuster, Circuit City, Movie Gallery, Wickes Furniture, Great Circle Family Foods, Elrod Holdings, Koo Koo Roo, Garden Ridge, and Factory 2-U
- Represented junior lender to a developer of senior housing in Northern California in out of court restructure with senior lender
- Represented developer of single family homes in Nevada in connection with out of court restructure with senior lender
- Represented chain of medical clinics in successful out of court restructure, including renegotiating real estate leases to allow company to continue in operation
- Represented real estate developer in negotiating and documenting construction and permanent real estate loan for $13 million for an upscale apartment complex in Panorama City, California
Business Experience
- Represented a doctor in negotiation of entry into medical practice partnership
- Represented Oscar de la Hoya and Golden Boy in their acquisition of RING Magazine, known as “The Bible of Boxing”
- Represented purchaser in acquisition of combined stock and asset purchase of a group of landscaping and nursery companies
- Represented purchaser in acquisition of medical products company
- Represented U.S. Freightways, a cargo and trucking company, in the acquisition of real property from the Consolidated Freightways Chapter 11 bankruptcy
- Regularly represents The Quercus Trust, a significant investment trust focused on alternative energy companies and other clean tech industries. Representation has included structuring, negotiating, and documenting numerous investments totaling more than $30 million in venture-stage companies ranging from start-ups to late-round, pre-IPO financings