D. Alexander Barnes
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D. Alexander Barnes is a partner in the in the Creditors’ Rights, Bankruptcy and Financial Reorganization Department of Obermayer Rebmann Maxwell & Hippel LLP. He represents businesses and individuals facing preference and avoidance litigation, Chapter 11 debtors-in- possession, Chapter 7 and 11 Trustees, Liquidating Trustees, Creditor Committees, secured and unsecured creditors, asset purchasers, and equipment lessors in all facets of commercial bankruptcy. Additionally, Mr. Barnes represents individuals and business clients in commercial litigation and transactional matters.
Recognized for his results-oriented and cost-effective approach, Mr. Barnes tailors his strategy to the specific needs of his clients. He prides himself on his ability to listen to and understand the objectives of his clients, explain the litigation process in a straight-forward manner, and to develop a plan that uses creative and unique strategies to achieve successful results. Mr. Barnes is committed to keeping clients fully informed and being accessible and responsive beyond the business day.
A representative sampling of the types of matters that Mr. Barnes has handled include:
- Representing business vendors from across the country defending adversary proceedings for the avoidance of preference, fraudulent conveyance, and post-petition transfers.
- Defending recipients of transfers in alleged Ponzi schemes.
- Protecting the interests of Fortune 500 companies in obtaining relief from the automatic stay for secured collateral.
- Representing former executives of bankrupt companies in obtaining payment of earned compensation and severance benefits and in defending claw-back actions.
- Representation of class action law firms to protect the interests of the class in bankruptcy matters.
- Obtaining payment of rejection damages for holders of Oil and Gas Leases.
- Representing Fortune 500 companies in Chapter 15 cross-border insolvency proceedings.
- Objecting on behalf of a municipal development authority to proposed cure amounts on an assumed lease subject to a § 363 asset sale.
- Representing the law firm of a personal injury claimant and obtaining administrative claim status for catastrophic work-place injuries caused by bankrupt industrial equipment manufacturer.
- Serving on the creditors’ committee in the bankruptcy case of a major Delaware River terminal and maritime services provider.
- Obtaining the indemnification claim of a building lessor for asbestos abatement costs against a bankrupt fire retardant manufacturer.
- Declaratory relief to determine the extent and application of insurance coverage in bankruptcy cases involving mass-tort claims.
- Representation of Fortune 500 consumer electronics manufacturer in an injunction action against nationwide retailer following reclamation refusal.
- Obtaining relief from the automatic stay to enable a West Coast port authority to bring an action against the debtor to procure insurance proceeds for the investigation and remediation of environmental contamination.
- Protecting the interests of lessors of property occupied or possessed by debtors.
- Representing a developer of a mixed-use, “Town Center” project in Chapter 11.
Mr. Barnes is an experienced and successful appellate lawyer who has briefed and argued a number of cases of significance before the United States Court of Appeals for the Third Circuit and has filed matters before the Supreme Court of the United States. These cases involved high-profile issues that have generated significant commentary within the professional community, have received extensive media coverage, and have been followed as precedential or persuasive authority by courts throughout the country.
Mr. Barnes writes extensively on bankruptcy and business-law topics and is the editor of Obermayer’s bankruptcy blog.
Mr. Barnes has been awarded a rating of AV Preeminent from Martindale-Hubbell, signifying that a lawyer’s peers rank him at the highest level of professional excellence. Mr. Barnes also lectures on bankruptcy matters for the Pennsylvania Bar Institute.
An active member of the community, Mr. Barnes has served on the Board of Directors and as Treasurer for the Upper Main Line YMCA. Additionally, he has served on the Board of Directors for the Conestoga Youth Lacrosse Association and has coached youth travel and select tournament teams. He still plays competitive lacrosse in the masters division of national tournaments.
Notable Published Opinions
- In re Lower Bucks, 571 Fed. Appx. 139 (3d Cir. 2014)
- Wright v. Owens Corning, 679 F.3d 101 (3d Cir. 2012)
Professional & Civic Activities
- American Bankruptcy Institute
- Pennsylvania Bar Association
- New Jersey Bar Association
- American Bar Association
Related Articles & Publications
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- THE SUPREME COURT DISMISSES STRUCTURED DISMISSALS
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- Bankruptcy Avoidance Litigation Part II – Do I Really Have to Give That Payment Back?
- Bankruptcy Avoidance Litigation — Do I Really Have to Give That Payment Back?
- The Third Circuit Affirms the Denial of Third-Party Releases for Lack of Adequate Disclosure
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