Richard A. Barkasy

Richard A. Barkasy

PARTNER
WILMINGTON
T: 302.295.5673
F: 302.357.3262

Mr. Barkasy has substantial experience in a wide variety of complex business and commercial litigation matters, including corporate and other litigation in the Delaware courts.

Mr. Barkasy also devotes a substantial portion of his practice to bankruptcy matters. His experience includes representing secured and unsecured creditors, official and unofficial committees, debtors and trustees in Chapter 11 cases, and bankruptcy litigation, such as preference and fraudulent conveyance cases.

Mr. Barkasy has also represented foreign debtors in obtaining recognition of foreign bankruptcy proceedings under Chapter 15 of the Bankruptcy Code.

Mr. Barkasy is an adjunct professor at Rutgers University School of Law where he has taught courses in Delaware Corporate Litigation, Complex Civil Litigation, Bankruptcy, Secured Transactions, Business Organizations, Construction Law, Commercial Law, and Products Liability.
 

Recognitions

  • The Best Lawyers in America®, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2015-present); Litigation – Bankruptcy (2021-present)
  • Pennsylvania Super Lawyers®, Bankruptcy and Creditor/Debtor Rights (2013-2022, 2024)

Business & Commercial Litigation

Mr. Barkasy has a wealth of business and commercial litigation experience in federal and state courts in Delaware, New Jersey, and Pennsylvania. He has represented clients in breach of fiduciary duty, construction, fraud, lender liability, fraudulent conveyance, construction, products liability, environmental cost-recovery, employment, and trademark cases.

Bankruptcy and Creditors’ Rights

Mr. Barkasy has represented financial institutions, corporations, universities, commercial landlords, debtors, official and unofficial committees in Chapter 11 reorganization and Chapter 15 cross-border cases, and bankruptcy litigation matters, such as:
  • Representation of foreign debtors in obtaining recognition of Indonesian, Singaporean and Irish insolvency proceedings in Chapter 15 bankruptcy cases.
  • Representation of the Ad Hoc Committees of Consumer Victims in the Chrysler and General Motors bankruptcies.
  • Counsel to Chapter 11 Trustee of public healthcare company in Delaware bankruptcy. Obtained confirmation of reorganization plan pursuant to which more than $50 million was distributed to public shareholders. Prosecuted breach of fiduciary duty claims against former Chairman and CEO.
  • Delaware counsel for consortium of airports in the Hertz bankruptcy.
  • Representation of unsecured creditors in Boy Scouts of America bankruptcy in Delaware.
  • Represented secured lender regarding $20 million construction loan in the bankruptcy of Delaware real estate developer. Prevented imposition of priming lien and obtained stay relief.
  • Counsel to steel manufacturer in the New Jersey bankruptcy of a steel distributor. Discovery of fraudulent conveyance and breach of fiduciary duty claims resulted in substantial recovery for unsecured creditors and an award of attorneys’ fees for making substantial contribution to case.
  • Represented hotel mortgage lender in overturning a confirmation order on appeal in New Jersey bankruptcy.
  • Representation of airport in American Airlines bankruptcy.
  • Represented a warehouse lender in a bankruptcy of a Long Island mortgage broker accused of double-hypothecation of collateral.
  • Delaware co-counsel to official retiree committees.
  • Represented a Pittsburgh-area construction company, Philadelphia paint manufacturer and South Jersey fast food franchisee as debtors in obtaining plan confirmation in Chapter 11 cases.
  • Representation of an equitable lien claimant in Mike Tyson’s bankruptcy.
  • Counsel to university in Enron bankruptcy.
  • Counsel to ATM business with respect to $21 million claim in New Jersey bankruptcy of armored car company.
  • Represented an unsecured creditors’ committee in a New Jersey bankruptcy of an oil and lube franchisor.
INSIGHTS

Presenter: “Cross-border Insolvency and Restructuring Under the Model Law on Cross-Border Insolvency (MLCBI), U.S. Chapter 15, and Other Frameworks,” TAG Alliances International Conference, Chicago, Illinois (Spring 2023)

Co-Author: “Will Merger-Challenge Suits Shift to New York After Gordon v. Verizon?,” Westlaw Journal Delaware Corporate (May 2017)

Co-Author: “Will other courts give ‘disclosure only’ settlements closer scrutiny like Delaware?,” Westlaw Journal Delaware Corporate (January 2017)