Jane Rue Wittstein has 27 years of experience litigating at the trial and appellate levels in state, federal, and bankruptcy courts across the country. In bankruptcy litigation and appeals, Jane has represented debtors, reorganized debtors, lender groups, creditors, and unsecured creditors' committees in numerous adversary proceedings and contested matters, including pension terminations, revocation
actions, DIP financing proceedings, preference actions, claims objections, fraudulent conveyance proceedings, turnover actions, and plan objections.
Jane has litigated in various chapter 11 cases in New York, Delaware, New Jersey, Maryland, Texas, and Florida, including Lehman Brothers Holdings, Thornburg Mortgage, Harry & David Holdings, Davis Petroleum Corporation, Old Carco Liquidation Trust (successor-in-interest to Old Carco LLC, f/k/a Chrysler LLC), Interep National Radio Sales, FLYi, Meridian Automotive Systems, Musicland, TWA, and Drexel Burnham Lambert. In 2011, Jane obtained Delaware bankruptcy court approval of the distress termination of Harry & David's pension plan over the PBGC's objection after a two-day bench trial. From 2006 to 2011, Jane successfully defended Evercore Capital Partners and Davis Petroleum Corporation in various litigations and appeals up to the Fifth Circuit challenging the acquisition of Davis Petroleum through a prepackaged bankruptcy sale. Jane has also litigated various aspects of bankruptcy jurisdiction, including removal to
bankruptcy court and withdrawal of the reference for noncore matters.
Jane's nonbankruptcy experience is extensive, including more than a decade of product liability litigation (pharmaceutical, automotive, and toxic tort), contract disputes, securities litigation, and commercial arbitration. She currently serves on the National Council of the Ohio State University College of Law.
Lehman Holdings defends actions brought by Barclays for alleged failure to pay placement fees Chrysler sold to Fiat-led "New Chrysler" after historic court proceedings Davis Petroleum obtains summary judgment against former shareholders' action seeking revocation in reorganization.
The Ohio State University (J.D. with honors 1985; Order of the Coif; Research Editor, Law Journal); Miami University (B.A. cum laude 1982)