Practice Areas
Banking and Finance
Bankruptcy and Creditors' Rights
Business
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. In 2006, 2007, 2008 and 2009 he was named to the list of Oregon Super Lawyers in the practice area of Bankruptcy and Creditor/Debtor Rights. His areas of expertise include:
- Chapter 11 Bankruptcy Reorganization (Debtor, Creditor and Creditors' Committee and Asset Purchase)
- Real Property Transactions
- Provisional Process
- Business Litigation
- Lender Liability
- Creditors' Rights and Remedies
- Loan Agreements
- Foreclosure and Receivership
- Secured Transactions
- Sales and Purchases of Businesses
Representative Clients in Prominent Chapter 11 Cases
For Debtor
- Hanna Car Wash
- Larry's Sports Center
- Oregon Arena Corp.
- Rubenstein Furniture
- Trinity Carpet Brokers, Inc.
For Creditors Committee
- McCormick & Baxter
- Troutman's Emporium
For Secured Lender and/or Purchaser of Assets
- Several lenders in Sunwest Management, Inc. related cases
- Numerous cases over last 25 years
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"
Admitted to Practice
Oregon State Bar
U.S. District Court, Oregon
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
Articles
Past Speaking Engagements
2009 NACM Oregon Executive Forum
Opportunities to Profit in Chapter 11 - Hidden Benefits for You and Your Business
