Barry P. Caplan

Partner, Banking and Finance Group Co-Chair

1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.243.1627 Direct

Assistant: Janine E. Hume: 503.243.1661 x 269

Practice Areas
Overview

Barry joined Sussman Shank LLP in 1968. He has practiced in most areas including litigation and representation of many business clients. Prior to joining the firm he was a Deputy District Attorney. A partner since 1970, he was the firm's first managing partner from 1980 to 1986. Barry has also previously chaired the firm's Bankruptcy practice group for a number of years. 

His areas of expertise continue to include:

  • Chapter 11 Bankruptcy Reorganization (Debtor, Creditor and Creditors' Committee and Asset Purchase)
  • Real Property Transactions
  • Receiverships
  • Distressed Business Workouts
  • Provisional Process
  • Business Litigation
  • Lender Liability
  • Creditors' Rights and Remedies
  • Loan Agreements
  • Foreclosure and Receivership
  • Secured Transactions
  • Sales and Purchases of Businesses
Education
B.A., Business Administration - University of Washington
LL.B., University of California at Berkeley
Admitted to Practice
Oregon State Bar
      U.S. District Court, Oregon
Representative Cases
North Pacific Group of Companies
Served as lead counsel to the federal court receiver appointed to liquidate the assets of the North Pacific debtor companies.  Our attorneys, Barry Caplan and Jeff Misley, led a team that promptly sold the company's major assets, paid its secured creditors in full within weeks of the receiver's appointment, and implemented a further liquidation strategy for the remaining assets and for distributions to creditors.
Sunwest Companies
Represented a group of financial institution lenders in one of the largest and most complex Chapter 11 bankruptcy cases ever filed in the state of Oregon involving assisted living and nursing homes located throughout the United States.  Successfully asserted and protected our lender clients' rights and remedies regarding their collateral in the negotiation of a $1.2 billion sale of the companies' assets.
Douglas Wilson, Receiver
Represented a nationally known receiver in a Superior Court of Washington case in which a large national bank was foreclosing on valuable property in downtown Seattle.  Although defendants both delayed and defended the matter, we helped the Receiver find a stalking horse bidder and subsequently obtained bidding procedures whereby a competitive bid led to an auction which tripled the proceeds from the sale (and was the largest per square foot amount paid for undeveloped property to that date in Seattle).  The sale was approved free and clear of liens under the Washington Receivership Statute. 
Troutman's Emporium
Represented Creditors' Committee as co-counsel with a New York law firm in a Chapter 11 of a sizable chain of stores.  As part of the case, was able to submit a joint plan of reorganization which allowed for the orderly liquidation of the stores, their inventories (undergoing out-of-business sales and later liquidation sales), and by selling the designation rights to the leases at several locations in shopping centers and elsewhere.  All secured creditors were paid in full, and creditors got a substantial dividend. 
Oregon Arena Corporation
Represented as local counsel (with nationally known lead counsel) a corporation in Chapter 11 which owned the arena in which the Portland Trail blazers of the NBA were the lead tenant.  In addition, many other events were held in the arena.  Owner had dispute with Secured Lenders resulting in a contested plan of reorganization in the matter.  Dispute was ultimately resolved between the parties after Lenders acquired the arena, but owner reacquired and revitalized the arena after the case was completed. 
United Pipe
Represented federal court receiver in aid of liquidation of sizable Oregon company in foreclosure by bank.  Successfully liquidated all assets and were able to pay secured debt and ultimately a 50% dividend to unsecured creditors. 
Camera World
Represented the assignee for the benefit of creditors of a major in-store and website camera retailer in two multi-million dollar sales of the company's assets.  Prepared the formal asset assignment agreement and sale documents, and handled creditor-related claim and payment issues.  All secured and priority claims were paid in full, with unsecured creditors receiving a large percentage of their claims through an earn-out.
Purchasing Assets Through Bankruptcy
Represented a well-known Oregon company who desired to purchase assets and Portland-area locations of a well-known Chapter 11 debtor. There were competing bidders from two other states. The combined bids of our client and one other party were greater than the single bid from two out-of-state bidders, each of whom wanted all of the locations of the debtor. Prepared pleadings to obtain appropriate bidding procedures to enable our client to "partner" with another interested party from Oregon. Client was successful in obtaining the highest bid at an auction for the assets the client wanted.  Prepared or approved all of the necessary documentation to finalize the sale of those assets. Success of our efforts enabled the acquisition of the operations synergistic to our client's existing business.
Wind-Down of Business Operations
Represented a long-time Portland retailer at several locations in a year-long program involving reduction of operations and ultimately a going-out-of-business sale. Advised  client on steps to take which enabled all priority and secured debt to be satisfied. Successful in enabling company to satisfy secured debt (and, in turn, minimize individual owner's guaranty exposure to lender).
Honors

2006-2017 Oregon Super Lawyers in the areas of Bankruptcy and Creditor/Debtor Rights

Professional Organizations
American Bar Association
     Business Law Section, UCC (Secured Transactions) and Leasing Committees
Commercial Financial Services Committee
American Bankruptcy Institute (Unsecured Trade Creditors' Committee)
Multnomah County Bar Association (CLE and Professionalism Committees)
Oregon State Bar
      Debtor/Creditor Section
      Business Law Section
Oregon Law Commission Receivership Working Group (2016-2017)
Board of Bar Examiners (1977-1980, Chairman 1980)
Commercial Law League of America
      Chairman, Western Region (1986 - 1987)
National Association of Credit Management-Oregon
      Board of Directors (1993 - 1999); Chairman (1997 - 1998)
Civic Organizations
Jewish Federation of Portland
      Board of Directors (1990-1996); Vice President (1994-1996)
Publications
Oregon State Bar Continuing Legal Education
      Bankruptcy Law
            "Consummating the Chapter 11 Plan of Reorganization"
      Civil Litigation Manual
            "Collection of Judgments"
      Creditors' Rights and Remedies
            "Provisional Process"
            "Supplemental Proceedings"
NACM-Oregon, Inc.
      Business Credit Journal
            "Setoff & Recoupment" Pamphlet
            "Proofs of Claim in Bankruptcy"
      Credit Today Magazine
            "You Take the Gavel - Subordinate Debentures"
Oregon Business Lawyer
     "How the Recent Bankruptcy Law Changes Affect the Use of Chapter 11 by Business"
The Oregon Certified Public Accountant
     "New Bankruptcy Law Impacts Corporate Debtors"
Articles
Speaking Engagements
NACM Western Region & CFDD National Conference (2015)
Oregon Executive Forum
Opportunities to Profit in Chapter 11 - Hidden Benefits for You and Your Business
News
1642
Practice Areas
Education
B.A., Business Administration - University of Washington
LL.B., University of California at Berkeley
Admitted to Practice
Oregon State Bar
      U.S. District Court, Oregon
Honors

2006-2017 Oregon Super Lawyers in the areas of Bankruptcy and Creditor/Debtor Rights

Barry P. Caplan

Partner, Banking and Finance Group Co-Chair


1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.243.1627 Direct

Assistant: Janine E. Hume: 503.243.1661 x 269
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Barry joined Sussman Shank LLP in 1968. He has practiced in most areas including litigation and representation of many business clients. Prior to joining the firm he was a Deputy District Attorney. A partner since 1970, he was the firm's first managing partner from 1980 to 1986. Barry has also previously chaired the firm's Bankruptcy practice group for a number of years. 

His areas of expertise continue to include:

  • Chapter 11 Bankruptcy Reorganization (Debtor, Creditor and Creditors' Committee and Asset Purchase)
  • Real Property Transactions
  • Receiverships
  • Distressed Business Workouts
  • Provisional Process
  • Business Litigation
  • Lender Liability
  • Creditors' Rights and Remedies
  • Loan Agreements
  • Foreclosure and Receivership
  • Secured Transactions
  • Sales and Purchases of Businesses
Publications
Oregon State Bar Continuing Legal Education
      Bankruptcy Law
            "Consummating the Chapter 11 Plan of Reorganization"
      Civil Litigation Manual
            "Collection of Judgments"
      Creditors' Rights and Remedies
            "Provisional Process"
            "Supplemental Proceedings"
NACM-Oregon, Inc.
      Business Credit Journal
            "Setoff & Recoupment" Pamphlet
            "Proofs of Claim in Bankruptcy"
      Credit Today Magazine
            "You Take the Gavel - Subordinate Debentures"
Oregon Business Lawyer
     "How the Recent Bankruptcy Law Changes Affect the Use of Chapter 11 by Business"
The Oregon Certified Public Accountant
     "New Bankruptcy Law Impacts Corporate Debtors"
Articles
News
Representative Cases
North Pacific Group of Companies
Served as lead counsel to the federal court receiver appointed to liquidate the assets of the North Pacific debtor companies.  Our attorneys, Barry Caplan and Jeff Misley, led a team that promptly sold the company's major assets, paid its secured creditors in full within weeks of the receiver's appointment, and implemented a further liquidation strategy for the remaining assets and for distributions to creditors.
Sunwest Companies
Represented a group of financial institution lenders in one of the largest and most complex Chapter 11 bankruptcy cases ever filed in the state of Oregon involving assisted living and nursing homes located throughout the United States.  Successfully asserted and protected our lender clients' rights and remedies regarding their collateral in the negotiation of a $1.2 billion sale of the companies' assets.
Douglas Wilson, Receiver
Represented a nationally known receiver in a Superior Court of Washington case in which a large national bank was foreclosing on valuable property in downtown Seattle.  Although defendants both delayed and defended the matter, we helped the Receiver find a stalking horse bidder and subsequently obtained bidding procedures whereby a competitive bid led to an auction which tripled the proceeds from the sale (and was the largest per square foot amount paid for undeveloped property to that date in Seattle).  The sale was approved free and clear of liens under the Washington Receivership Statute. 
Troutman's Emporium
Represented Creditors' Committee as co-counsel with a New York law firm in a Chapter 11 of a sizable chain of stores.  As part of the case, was able to submit a joint plan of reorganization which allowed for the orderly liquidation of the stores, their inventories (undergoing out-of-business sales and later liquidation sales), and by selling the designation rights to the leases at several locations in shopping centers and elsewhere.  All secured creditors were paid in full, and creditors got a substantial dividend. 
Oregon Arena Corporation
Represented as local counsel (with nationally known lead counsel) a corporation in Chapter 11 which owned the arena in which the Portland Trail blazers of the NBA were the lead tenant.  In addition, many other events were held in the arena.  Owner had dispute with Secured Lenders resulting in a contested plan of reorganization in the matter.  Dispute was ultimately resolved between the parties after Lenders acquired the arena, but owner reacquired and revitalized the arena after the case was completed. 
United Pipe
Represented federal court receiver in aid of liquidation of sizable Oregon company in foreclosure by bank.  Successfully liquidated all assets and were able to pay secured debt and ultimately a 50% dividend to unsecured creditors. 
Camera World
Represented the assignee for the benefit of creditors of a major in-store and website camera retailer in two multi-million dollar sales of the company's assets.  Prepared the formal asset assignment agreement and sale documents, and handled creditor-related claim and payment issues.  All secured and priority claims were paid in full, with unsecured creditors receiving a large percentage of their claims through an earn-out.
Purchasing Assets Through Bankruptcy
Represented a well-known Oregon company who desired to purchase assets and Portland-area locations of a well-known Chapter 11 debtor. There were competing bidders from two other states. The combined bids of our client and one other party were greater than the single bid from two out-of-state bidders, each of whom wanted all of the locations of the debtor. Prepared pleadings to obtain appropriate bidding procedures to enable our client to "partner" with another interested party from Oregon. Client was successful in obtaining the highest bid at an auction for the assets the client wanted.  Prepared or approved all of the necessary documentation to finalize the sale of those assets. Success of our efforts enabled the acquisition of the operations synergistic to our client's existing business.
Wind-Down of Business Operations
Represented a long-time Portland retailer at several locations in a year-long program involving reduction of operations and ultimately a going-out-of-business sale. Advised  client on steps to take which enabled all priority and secured debt to be satisfied. Successful in enabling company to satisfy secured debt (and, in turn, minimize individual owner's guaranty exposure to lender).
Speaking Engagements
NACM Western Region & CFDD National Conference (2015)
Oregon Executive Forum
Opportunities to Profit in Chapter 11 - Hidden Benefits for You and Your Business
Professional Organizations
American Bar Association
     Business Law Section, UCC (Secured Transactions) and Leasing Committees
Commercial Financial Services Committee
American Bankruptcy Institute (Unsecured Trade Creditors' Committee)
Multnomah County Bar Association (CLE and Professionalism Committees)
Oregon State Bar
      Debtor/Creditor Section
      Business Law Section
Oregon Law Commission Receivership Working Group (2016-2017)
Board of Bar Examiners (1977-1980, Chairman 1980)
Commercial Law League of America
      Chairman, Western Region (1986 - 1987)
National Association of Credit Management-Oregon
      Board of Directors (1993 - 1999); Chairman (1997 - 1998)
Civic Organizations
Jewish Federation of Portland
      Board of Directors (1990-1996); Vice President (1994-1996)