Jane VanLare is a leading practitioner in restructuring, insolvency, and bankruptcy litigation.

Jane represents investors in distressed assets, large financial institutions, and corporations in all matters relating to in- and out-of-court restructurings, bankruptcy, insolvency, and related litigation. She has a wide range of industry experience, including energy, consumer, airlines, retail, restaurants and hospitality, shipping, and digital assets.

Widely recognized as a leader in her field, Jane has been named a Restructuring and Insolvency Expert by the Legal Media Group’s Women in Business Law, a Rising Star (Bankruptcy) by Law360, and an Outstanding Young Restructuring Lawyer by Turnaround & Workouts. She has also been featured on Benchmark Litigation’s “40 and Under Hot list” for six years in a row (2017-2022) and recognized as one of the top 40 future leaders of the bankruptcy bar by the American Bankruptcy Institute in their “40 Under 40” list in 2018. Jane regularly speaks and publishes on topics relating to bankruptcy and restructuring.

Jane has advised on some of the industry’s most complex domestic and cross-border bankruptcy and restructuring matters, including recently representing Genesis Global Capital, a global lender of digital assets, in the pending Chapter 11 cases involving more than $5 billion in liabilities; LATAM Airlines in the voluntary reorganization and restructuring of approximately $11 billion in debt; Grupo Posadas, the largest hotel operator in Mexico, in the successful restructuring of $393 million of senior notes; Goldman Sachs as prepetition agent on a $110 million pre-petition facility and DIP agent in the Chapter 11 proceedings of Rockall Energy, an upstream oil and gas company; Automotores Gildemeister in a prepackaged Chapter 11 bankruptcy involving approximately $570 million of debt; and TotalEnergies in the Chapter 11 proceedings of Brazos, McDermott International, Valaris, Pacific Drilling, Seadrill, and Chesapeake Energy.

Jane joined the firm in 2010 and became a partner in 2016.

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Notable Experiences

  • Genesis Global Capital, a global lender of digital assets, in the pending Chapter 11 cases involving more than $5 billion in liabilities

  • LATAM Airlines Group S.A. and its affiliates in Chile, Peru, Colombia, Ecuador, and the United States in the voluntary reorganization and restructuring of approximately $11 billion in debt under Chapter 11 protection in the United States

  • Goldman Sachs as prepetition agent on a $110 million pre-petition facility and DIP agent in the Chapter 11 proceedings of Rockall Energy Holdings, LLC and its affiliates, an upstream oil and gas company that filed for Chapter 11 in March 2022

  • Grupo Posadas S.A.B. de C.V. (Posadas) and its affiliate Operadora del Golfo de Mexico S.A. de C.V., the largest hotel operator in Mexico, in the successful restructuring of $393 million of Posadas’ 7.875% senior notes due June 2022

  • Goldman Sachs and certain of its affiliates as lender, agents, inventory financing counterparties, and hedge providers in connection with the Chapter 11 of Limetree Bay Refining, LLC and a number of its affiliates

  • Automotores Gildemeister, one of the largest vehicle importers and distributors in Chile and Peru, in its pre-packaged Chapter 11 plan to restructure its debt obligations, a restructuring of almost $600 million in debt

  • TotalEnergies and affiliates in the Chapter 11 proceedings of Brazos, McDermott International (involving over $9 billion worth of debt), Valaris, Pacific Drilling, Seadrill, and Chesapeake Energy, among others

  • A shareholder of SeaMex Ltd., a Mexican drill ship company, in connection with its proposed reorganization and interim financing

  • Nomura and others in various mortgage REIT situations, including MFA, AG MITT, and Malachite, brought on by the COVID-19 crisis

  • American Express, as a creditor and member of the unsecured creditors’ committee, in the restructuring of Aegean Marine Petroleum Network

  • Affiliates of Z Capital Partners as stalking horse bidder in Section 363 sale of assets of Real Mex restaurant chain

  • Lion Point Capital as a creditor and DIP lender in the chapter 11 bankruptcy proceedings of Suniva Inc., a solar panel manufacturer

  • ModSpace, the largest U.S. provider of temporary and modular office space, in the restructuring of nearly $1 billion in secured debt through a pre-packaged Chapter 11 plan

  • SMP Ltd, a leading polysilicon manufacturer based in Korea, in connection with its request for Chapter 15 recognition of its Korean insolvency proceedings, as well as its adversary proceeding against SunEdison, Inc.

  • Overseas Shipholding Group, one of the world’s largest oil tanker companies, in its Chapter 11 proceedings and $3 billion cross-border restructuring

  • Nortel Networks in its Chapter 11 proceedings, including litigation of certain claims and litigation relating to the allocation of nearly $7 billion in proceeds of asset sales

  • Cascade Investment in the Chapter 11 proceedings of its portfolio company, Optim Energy

  • Truvo Group in its Chapter 11 proceedings and cross-border reorganization of €1.4 billion in debt

  • An ad hoc group of bondholders in the debt restructuring of Maxcom Telecommunications

  • Colony Capital in successful dismissal of Chapter 11 petition and reorganization of over 100 hotels

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Selected Activities

  • Member, Bankruptcy and Corporate Reorganization Committee, New York City Bar Association
  • Member, Bankruptcy Litigation Committee, Federal Bar Council

Publications

“Accommodation Deals Could Aid Distressed Auto Suppliers,” (co-authored with Thomas Lynch) Law360, January 19, 2023

“New York State Supreme Court Allows Claims by Minority Lenders Not Participating in Uptier Debt Exchange to Survive Motion to Dismiss,” (co-authored with Richard J. Cooper, Lisa M. Schweitzer, Sean A. O’Neal, Luke A. Barefoot, Kara A. Hailey, Carina S. Wallance, John Veraja) Cleary Gottlieb Alert Memo, November 2, 2022

“Texas Bankruptcy Court Dismisses the NRA’s Chapter 11 Filing for Lack of Good Faith,” (co-authored with Lisa M. Schweitzer, Sean A. O’Neal, Luke A. Barefoot and Laya Maheshwari) Cleary Gottlieb Alert Memo, May 18, 2021

“Third Circuit Holds ‘Triangular Setoff’ Unenforceable in Bankruptcy,” (co-authored with Lisa M. Schweitzer, Sean A. O’Neal, Luke A. Barefoot, Penelope L. Christophorou, Kara A. Hailey, and Brandon M. Hammer) Cleary Gottlieb Alert Memo, March 25, 2021; republished by Law360

“Transocean’s Internal Restructuring Does Not Violate Indenture for Existing Notes, Court Rules,” (co-authored with Roger Cooper and John Veraja) Pratt’s Journal of Bankruptcy Law, February/March 2021 

“Second Circuit Reaffirms Its Preference for Equitable Mootness,” (co-authored with Lisa M. Schweitzer, Sean A. O’Neal, Luke A. Barefoot, and Kristin Corbett) Cleary Gottlieb Alert Memo, February 24, 2021 

“Supreme Court Holds Mere Retention of Property Does Not Violate Automatic Stay Under §362(a)(3) of the Bankruptcy Code,” (co-authored with Lisa M. Schweitzer, Sean A. O’Neal, Luke A. Barefoot, Thomas S. Kessler and Jessica Metzger) Cleary Gottlieb Alert Memo, January 19, 2021 

“SDNY Rules Transocean’s Internal Restructuring Does Not Violate Notes Indenture,” (co-authored with Richard J. Cooper, Francisco L. Cestero, Lisa M. Schweitzer, Duane McLaughlin, Sean A. O’Neal, Luke A. Barefoot, Adam Brenneman, John Veraja) Cleary Gottlieb Alert Memo, December 18, 2020; republished by Law360

“A Texas Bankruptcy Court Denies Debtors’ Rent Abatement Motion in the Chuck E. Cheese Cases,” (co-authored with Lisa M. Schweitzer, Sean A. O’Neal, Luke A. Barefoot, Kara A. Hailey and Andrea B. Jung) Cleary Gottlieb Alert Memo, December 18, 2020; republished by Law360

“Bankruptcy Court in Ultra Petroleum, on Remand, Finds Make-Whole Not Disallowed Under Bankruptcy Code,” (co-authored with Lisa M. Schweitzer, Sean A. O’Neal, Luke A. Barefoot, Michael Weinberg and Jessica Metzger) Cleary Gottlieb Alert Memo, December 17, 2020 

“Rough Justice: Third Circuit Holds Subordination Agreements May Be Superseded in Cramdown,” (co-authored with Lisa M. Schweitzer, Sean A. O’Neal, Luke A. Barefoot, and Thomas Lynch) Cleary Gottlieb Alert Memo, August 31, 2020; republished by Law360.

“Dynamic Trends in Chapter 15,” (co-authored with Luke Barefoot, Sean O’Neal, Lisa Schweitzer, and Benjamin Beller), International Comparative Legal Guide to: Restructuring & Insolvency 2020, May 20, 2020

“Buyer Beware! Claims Disabilities Travel with Transfers,” (co-authored with Sean A. O’Neal, Lisa M. Schweitzer, Luke A. Barefoot, Rahul Mukhi, Kara A. Hailey, Ryan Yeh, Thomas Lynch) Cleary Gottlieb Alert Memo, April 29, 2020

“AG MIT CMO, LLC v. RBC (Barbados) Trading Corp.: Initial Post-COVID-19 Litigation Challenges to Closeouts of Repurchase Agreements,” (co-authored with Carmine D. Boccuzzi Jr., Rishi N. Zutshi, Penelope L. Christophorou, Lisa M. Schweitzer, Brandon M. Hammer, Sean A. O’Neal, Sandra M. Rocks, Douglas A. Gretz, Colin D. Lloyd, Derek M. Bush), Cleary Gottlieb Alert Memo, March 31, 2020

“Healthcare Industry Stimulus: The Coronavirus Aid, Relief, and Economic Security Act,” (co-authored with Lisa M. Schweitzer, Sean A. O’Neal, and Luke A. Barefoot), Cleary Gottlieb Alert Memo, March 30, 2020

“Ultra Petroleum Revised: The Unsettled Law Surrounding Make-Whole Provisions” (co-authors Michael Weinberg and Jessica Metzger), ABI Journal, March 2020.

“Application of Automatic Stay to Post-Petition Medicare Payments Reaffirmed by Bankruptcy Court,” (co-authors Benjamin Beller and John Veraja), ABI Journal, February 2020.

“3rd Circ. Sheds Light On Ch. 11 Liability Release Approval,” Law360, January 19, 2019

“Third Circuit Approves Non-Consensual Releases Based on “Exceptional Facts” in Millennium Lab Holdings,” (co-authors Lisa Schweitzer, Sean A. O’Neal, Luke Barefoot, and Thomas Lynch), Cleary Gottlieb Alert Memo, January 6, 2020.

“Cross”-Border Wall? Not for U.S. Recognition of Foreign Insolvency Proceedings,” (co-authors Luke Barefoot, Lisa Schweitzer, Benjamin Beller, and Ryan Yeh), International Comparative Legal Guide to: Corporate Recovery & Insolvency Laws and Regulations 2019, May 2019.

“Healthcare Master Leases in Bankruptcy: Out of One, Many?” (co-authors Steven Horowitz, Joshua Panas, and Benjamin Beller), Pratt’s Journal of Bankruptcy Law, September 2018.

“In a Health Provider Restructuring, Beware the Master Lease,” (co-authors Steven Horowitz, Joshua Panas, and Benjamin Beller), Law360, June 2018.

“The Supreme Court’s Not-So-Final Judgment: Fraudulent Transfer Actions In The Wake Of Stern V. Marshall,” (co-author Thomas Kessler), Pratt’s Journal of Bankruptcy Law, December 2017.

“Things to Watch in Retail: Key Takeaways,” (co-authors Luke Barefoot, Steven Horowitz, Daniel Ilan and Lisa Schweitzer), Cleary Gottlieb Alert Memo, June 23, 2017. 

“Chapter 15 Litigation: A Primer After the First Decade” (co-authors Lisa Schweitzer & Matthew Livingston) in the Norton Bankruptcy Law Advisor, May 2017.

“Waivers, Amendments and Standstills,” in The Law and Practice of Restructuring in the UK and US, Oxford University Press, 2d ed. (co-authors James Bromley, Kara Hailey, and Victor Chiu), 2017.

“Chapter 11 Venue – Defending (or Upending) the Debtor’s Choice” (co-author Hugh Murtagh), Pratt’s Journal of Bankruptcy Law, January 2016.

“Defining ‘Bad Faith’ Is Hard To Do: Objective and Subjective Criteria for Dismissing a Bankruptcy Petition” (co-author Matthew Smith), Pratt’s Journal of Bankruptcy Law, Nov./Dec. 2014.

“The Triumph of Finality” (co-author Lindsee Granfield), 31-Nov. Am. Bankr. Inst. J. 24, Nov. 2012.

“Has RadLax Made ‘Indubitably Equivalent’ Arguments Any Less Indubitably Confusing”? (co-author Lisa Schweitzer), 8 Jnl. of Bankr. L. 511, Sept. 2012.

“Equitable Mootness and Challenges to Confirmed, Consummated Plans” (co-author Lisa M. Schweitzer), N.Y.L.J., September 27, 2010.

“From Protection to Favoritism? The Federal Policy Toward Arbitration Vis-a-Vis Competing State Policies,” Case comment: 11 Harv. Negotiation L. Rev. 473 (2006).

Events