Jeffrey C. Krause is a partner in the Los Angeles office of Gibson, Dunn & Crutcher. He has a broad corporate restructuring practice and has handled significant debtor and creditor committee representations, as well as representations of acquirers of assets from chapter 11 debtors, lessors and secured and unsecured creditors. He is a fellow of the American College of Bankruptcy.
Mr. Krause has represented multiple investors and informal committees of investors in various chapter 11 cases, distressed acquisitions and out of court restructuring transactions, including the following:
Leucadia National in multiple chapter 11 cases and out of court workouts
HomeFed Corp. in connection with multiple acquisitions throughout the western United States
Ad hoc groups of holders of secured notes in multiple cases, including Eastern Airlines, Inc. bankruptcy case in New York
Ranch Capital, LLC in Seitel, Inc.’s chapter 11 case in Delaware and as the sponsor of a chapter 11 plan for Hawaiian Airlines, Inc.
Fortress Credit Advisors LLC in connection with analysis and bidding for assets of chapter 11 debtor in California
Morgan Stanley as agent for senior secured lenders in chapter 7 case of Adam Aircraft in Colorado
Mr. Krause represented the Official Committee of Unsecured Creditors in the chapter 11 case of Azabu Buildings, Ltd. in Hawaii, which included funds operated by Goldman Sachs, Merrill Lynch and Lone Star, and actively participated in representing the Official Committee of Unsecured Creditors in the chapter 11 case of Papercraft, Inc., which included several high yield investment funds.
He has represented secured lenders in chapter 11 cases and out of court restructuring transactions, including FINOVA Capital (after Berkadia acquired the right to manage FINOVA), Lend Lease, Beal Bank, Home Savings and Loan, Bank of Hawaii, and CapitalSource. He currently represents The Colonial Williamsburg Foundation as a secured creditor in the chapter 11 case of Carter’s Grove, LLC.
Mr. Krause has represented multiple committees, including the following:
- Represented the official committee of unsecured creditors in the chapter 11 case of Azabu Buildings.
- Represented the official equity committee in the chapter 11 case of AMERCO.
- Represented the official committee of unsecured creditors in the chapter 11 case of FORBCO.
- Represented a member of an unofficial committee of secured bondholders in the chapter 11 case Eastern Airlines.
Mr. Krause has represented debtors in chapter 11 cases and out of court restructuring transactions, including the following:
- Falcon Products, a furniture manufacturer in chapter 11 in Missouri
- Boston Chicken, dba Boston Markets, a restaurant chain in chapter 11 in Arizona
- THQ Inc., a video game developer in chapter 11 in Delaware
- R.E. Loans, LLC, a real estate lender, in a chapter 11 in Texas
- Pacific Monarch Resorts, Inc., a time share developer in chapter 11 in California
- Lindquist & Craig Hotels, a hotel and resort owner/operator in chapter 11 in California
- Verco Industries, a defense contractor in Santa Ana, California
- DeKalb Poultry Research, Inc.,an egg producer in chapter 11 in Rockford, Illinois
- Watts Health Foundation, Inc., and HMO in a chapter 11 case in Los Angeles
Mr. Krause attended the University of California at Los Angeles, where he received his B.S. in Economics in 1977, and his J.D. in 1980. Mr. Krause served on the UCLA Law Review, and was admitted to the Order of the Coif.
Mr. Krause is the author of: “California Real Property Financing: Bankruptcy and Secured Real Property Transactions,” CEB, 1989 (Contributing Author); Steinberg, Bankruptcy Litigation, 1989 (Contributing Author); “Whose Lawyer Are You: Fiduciary Obligations of Debtor in Possession’s Counsel,” 31 Beverly Hill Bar Ass’n Journal, Vol. 2 (1997); “In a Class All Their Own,” Vol. 20, No. 5, Los Angeles Lawyers 42 (July-August 1997); “Appellate Practice Educational Materials for Federal Judicial Center Programs for New Bankruptcy Appellate Panel Judges,” (1996 and 1997); “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; “United States Trustee Guidelines Regarding Prepetition Retainers,” 18 Cal. Bankr. J. 135, 1990; “Treatment of Prepetition Retainers,” 17 Cal. Bankr. J. 153, 1989; “Foreclosure Sales Should Not Be Treated As Fraudulent Transfers,” 1 ABA Bankr. Litigation Newsletter 7 (1993);”"Non-Collusive Foreclosure Sales of Real Property Are Not Avoidable As Fraudulent Transfers,” 3 ABA Bankr. Litigation Newsletter 18 (1995); Consultant, Bernhardt, California Mortgage and Deed of Trust Practice (2d ed. 1989 CEB).
Mr. Krause has served as an Adjunct Professor, University of Southern California School of Law, 1994-2000 and 2002; Loyola School of Law, 1987 and 1988. He is a member of the 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) and the American Bar Association (Member, Sections on Litigation and Business Law; Past Co-Chairman of Bankruptcy and Insolvency Committee of the Litigation Section); The State Bar of California (Former Member, UCC Committee, Business Law Section, 1987-1990; Former Member, Debtor-Creditor Committee, Business Law Section, 1992-1995); Los Angeles Bankruptcy Forum (Past President); California Bankruptcy Forum (Former Director); Financial Lawyers Conference (Former Board Member, 1999-2002).
Mr. Krause is a frequent speaker on restructuring topics. During 2014 Mr. Krause’s program participation will include the following: 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 Real Estate Valuations – “What is the Right Valuation Approach and How to Plead Your Case!”; UCLA School of Law School and Financial Lawyers Conference: Bankruptcy Nuts and Bolts all day seminar: Asset Sales under Bankruptcy Code section 363; Turnaround Managers Association, Annual Regional Conference: Litigation of Valuation Issues for Operating Businesses
Reported Cases: In re Felburg, 39 Bankr. 591 (Bankr. C.D. Cal. 1984); Pistole v. Mellor (In re Mellor), 734 F.2d 1396 (19th Cir. 1984); In re Safren, 65 Bankr. 566 (Bankr. C.D. Cal. 1986); Black & White Cattle Co. v. Shamrock Farms Co. (In re Black & White Cattle Co.), 30 Bankr. 508 (Bankr. 9th Cir. 1983), rev'd., 746 F 2d 1484 (9th Cir. 1984); Black & White Cattle Co. v. Granada Services, Inc. (In re Black & White Cattle Co.), 783 F.2d 1454 (9th Cir. 1986); In re Lindsay, 59 F.3d 942 (9th Cir. 1995); In re Falcon Products, Inc., 497 F.3d 838 (8th Cir. 2007).