Welcome to SussmanShank.com

Professional Experience
Mr. Caplan joined Sussman Shank LLP in 1968 after working for three years as a Deputy District Attorney. He became a partner in 1970, and was proud to serve as the firm's first managing partner from 1980 to 1986. Barry also chaired the firm's Bankruptcy practice group for a number of years. Currently, Barry holds a position on the firm's management committee.

From 2006-2011 he has been named to the Oregon Super Lawyers® list in the practice area of Bankruptcy and Creditor/Debtor Rights. His areas of expertise include:

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
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)

Education
B.A., Business Administration - University of Washington
LL.B., University of California at Berkeley

Civic Organizations
Portland Metropolitan Chamber of Commerce
Business Youth Exchange, Registry Board of Directors (1992-1993)
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"

Reported Cases
Oregon State Bar v. Gilchrist, 272 Or 552, 538 P2d 913
Interstate Production Credit Association v. Fireman's Fund Insurance Company, 944 F2d 536
Becker v. North's Restaurants, Inc., 157 Or App 136

Past Speaking Engagements
2009 NACM Oregon Executive Forum
Opportunities to Profit in Chapter 11 - Hidden Benefits for You and Your Business

Representative Work

Assignment for the Benefit of Creditors
Our firm was hired to represent an assignee for the benefit of creditors of a major retail and website camera operation in Oregon. Two multi-million dollar asset purchase agreements and related documents were completed and closed within one-week to one-month of the firm being engaged. We prepared the formal Assignment for the Benefit of Creditors, approved or drafted all documentation of the transactions, and handled all creditor-related issues with priority claimants, sizable secured creditors and a large number of unsecured creditors. Within a short period of time after the Assignment, the sale of assets was completed, and all debt, totaling several million dollars, was paid in full except unsecured creditors who are receiving a five-year earn-out, which could provide them with a large percentage payment of their obligations. No bankruptcy proceeding was ever sought by the creditors or needed by the debtor.
Lenders' counsel in Sunwest
Represented lenders owed a total of over $100 million in one of the biggest and most complex bankruptcy cases in Oregon. Obtained relief or restructuring of loans for all clients.
Purchasing Assets Through Bankruptcy
Sussman Shank assisted 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. We prepared pleadings to obtain appropriate bidding procedures to enable our client to "partner" with another interested party from Oregon. Thereafter, our client was successful in obtaining the highest bid at an auction for the assets the client wanted. We then prepared or approved all of the necessary documentation to finalize the sale of those assets. The success of our efforts enabled the acquisition of the operations synergistic to our client's existing business.
Wind-Down of Business Operations
We 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. The business, although successful for many years, had lost money in recent years and was unable to continue. We advised the client on steps to take which enabled all priority and secured debt to be satisfied. All unsecured creditors were kept informed of the company's owner's desire to maximize recovery at a minimal cost. While the unsecured creditors did not recover their old debt, we were successful in enabling the company to satisfy the secured debt (and, in turn, minimize the individual owner's guaranty exposure to the lender).