Jane Rue Wittstein

Of Counsel

New York + 1.212.326.3415

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Jane Rue Wittstein has more than 35 years' experience litigating at trial and appellate state, federal, and bankruptcy courts across the country. She represents both debtors and creditors in chapter 11 cases. Jane's nonbankruptcy experience is also extensive, handling commercial, securities, and product liability litigation for clients in industries including financial services, energy, pharmaceuticals, satellites, semiconductors, and automotive.

Jane's bankruptcy proceedings include MF Global Holdings Ltd., NII Holdings, Harry & David, and Davis Petroleum. As counsel to MF Global's Plan Administrator, Jane successfully challenged the constitutionality of Congress's 2018 increase of US Trustee quarterly fees (reaching a favorable settlement after the Supreme Court's decisions in Siegel v. Fitzgerald, 596 U.S. 464 (2022) and Office of United States Trustee v. John Q. Hammons, 602 U.S. 487 (2024)); obtained court-approved settlements in 2016 yielding over $150 million in distributions to creditors from former officers of MF Global and their insurers; won damages for violation of the Barton doctrine from dissenting insurers who commenced actions in Bermuda without leave of the Bankruptcy Court; and secured approval acquiring the SIPA (Securities Investor Protection Act) estate's remaining assets in 2015, with the court noting this "represents a creative and novel way to move these cases toward successful conclusions." Additional highlights include winning summary judgment and prejudgment interest for NII against AT&T in October 2020, winning a bench trial to terminate Harry & David's underfunded pension plan, and successfully defending Evercore and Davis Petroleum in various proceedings through the Fifth Circuit challenging a prepackaged bankruptcy sale.

Experience

  • Secured lenders win victory in Sanchez BankruptcyJones Day obtained a unanimous judgment in favor of the Ad Hoc Group of Senior Secured Noteholders and DIP Lenders (the "Ad Hoc Group") in an appeal following Sanchez Energy Company's long-running, hard-fought bankruptcy case. Once the decision becomes final, it will provide Jones Day's clients with shares of reorganized Sanchez worth approximately $700 million.
  • PAG invests in Key Safety Systems to finance acquisition of global assets of Takata CorporationJones Day represented PAG Asia Capital Ltd. and PAG Asia II LP in connection with its investment in Key Safety Systems, a subsidiary of China-based Ningbo Joyson Electronic Corporation, to finance the acquisition of substantially all of the global assets of Takata Corporation out of bankruptcy in the U.S. and Japan and certain non-bankruptcy transactions elsewhere in the world.
  • MF Global obtains fast track confirmation of chapter 11 plan of liquidationJones Day represented an ad hoc group of financial institutions holding more than $1.6 billion in claims in the chapter 11 bankruptcy cases of MF Global Holdings Ltd. and its related debtors.
  • MF Global wins Court approval to acquire assets of SIPA estateJones Day represents MF Global Holdings Ltd. ("Holdings") as Plan Administrator in the implementation of its Plan of Liquidation.
  • NII Holdings obtains approval for reorganization planJones Day client NII Holdings, Inc. obtained approval for its chapter 11 reorganization plan following a 9-day contested trial on confirmation.
  • Green Field ad hoc committee forges consensus with partiesJones Day represented an ad hoc group of holders of $250,000,000 13% Senior Secured Notes issued by fracking and oilfield services provider Green Field Energy Services, Inc. (GFES).
  • Computershare Trust Company achieves win-win litigation settlement on behalf of Travelport senior noteholdersJones Day, on behalf of Computershare Trust Company, N.A. in its capacity as indenture trustee for various series of senior unsecured notes issued by Travelport LLC, successfully resolved litigation arising out of a 2011 transaction, including claims for fraudulent transfer brought by Computershare on behalf of all senior noteholders in connection with such transaction.
  • Onex is represented as equity sponsor and creditor in chapter 11 case for Hawker BeechcraftJones Day represented Onex Corporation, as equity sponsor and creditor, in the chapter 11 case for Hawker Beechcraft Corporation which was a world-leading manufacturer of business, special-mission and trainer aircraft.
  • Royal Bank of Scotland obtains dismissal of certain claims pending in Thornburg bankruptcy caseJones Day obtained dismissal of 22 out of 31 claims for The Royal Bank of Scotland Plc that were filed by the Chapter 11 Trustee in the chapter 11 case of Thornburg Mortgage, Inc.
  • Lehman Brothers bankruptcy estate obtains advice in connection with potential litigation concerning derivative transactionsJones Day represents Lehman Brothers Holdings Inc. and its affiliated debtors and debtors-in-possession in the chapter 11 bankruptcy proceedings before the United States Bankruptcy Court.
  • Harry & David negotiates pre-arranged bankruptcy planJones Day represented Harry & David Holdings, Inc. and its affiliates in their chapter 11 cases filed in the District of Delaware.
  • Lehman Holdings defends actions brought by Barclays for alleged failure to pay placement feesJones Day represented Lehman Brothers Holdings Inc. and certain Real Estate Funds, which were all at one time owned by Lehman (collectively, "Lehman") in two actions brought by Barclays alleging that Lehman failed to pay more than $30 million dollars in placement fees to the "Private Investment Management" group, a former division of Lehman that was purchased by Barclays.
  • Interep National Radio Sales files for bankruptcyJones Day represented Interep National Radio Sales, Inc. and its direct and indirect wholly-owned subsidiaries in their ongoing chapter 11 cases commenced as a means to implement the terms of a pre-negotiated plan of reorganization for the company that will provide for a comprehensive restructuring of the company's balance sheet, principally by effecting an equity conversion of the company's $100 million in Senior Subordinated Notes.
  • Davis Petroleum obtains summary judgment against former shareholders' action seeking revocation in reorganizationJones Day defended the reorganized debtors Davis Petroleum Co. in an adversary proceeding brought by a former shareholder seeking revocation of the confirmed prepackaged reorganization plan under section 1144 of the Bankruptcy Code; obtained dismissal on summary judgment.
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    July 2024 Newsletters

    Business Restructuring Review Vol. 23 No. 4 | July–August 2024

    July 2024 Newsletters

    Ohio Bankruptcy Court Offers Guidance on (the Amended) Ordinary Course Payment Preference Defense

    September 2023 Newsletters

    Business Restructuring Review September-October 2023 | Vol. 22 No. 5

    September 2023 Newsletters

    Ninth Circuit: Standard for Constitutional Standing Applies to Bankruptcy Appeals

    July 2023 Newsletters

    Business Restructuring Review July-August 2023 | Vol. 22 No. 4

    September 2022 Newsletters

    Business Restructuring Review Vol. 21, No. 5 | September–October 2022

    September 2022 Newsletters

    Fifth Circuit: District Court Improperly Referred Bankruptcy Appeal to Magistrate Judge for Final Determination

    July 2022 Newsletters

    U.S. Supreme Court Bankruptcy Roundup

    March 2022 Newsletters

    Business Restructuring Review | Vol. 21 No. 2 | March–April 2022

    March 2022 Newsletters

    U.S. Supreme Court Bankruptcy Roundup
    View All

    Additional Speaking Engagements

    • April 12, 2012
      PLI's Bankruptcy & Reorganizations 2012: Current Developments panel with Judge Drain on Current Jurisdictional and Procedural Issues - Stern v. Marshall and its progeny
    • April 14, 2011
      PLI's Bankruptcy & Reorganizations: Current Developments 2011 Current Jurisdictional and Procedural Issues

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