Our Attorneys
Barry M. Kazan is a partner at Mintz & Gold and Co-Heads the firm’s Bankruptcy and Restructuring practice. For more than 30 years, Barry has represented creditors, debtors, and strategic business partners in connection with some of the most notable bankruptcies arising under Chapter 11, Chapter 15, and Chapter 7 of the Bankruptcy Code. He regularly advises clients on corporate restructuring, including debt and business restructuring, creditors’ rights, and distressed asset transactions.
Barry’s current bankruptcy practice centers around creditors and defendants involving novel and complex recovery actions in bankruptcies stemming from the failure of cryptocurrency exchanges, the collapse of institutional firms caused by ponzi schemes, unsuccessful leveraged buyouts, mass tort liabilities, and economic pressures on the consumer retail market. Barry has also used the single asset real estate provisions of the bankruptcy code to achieve expeditious resolution of disputes centered around real property.
In addition, Barry has wide-ranging experience representing debtors, asset purchasers in 363 sales, dip lenders, claims traders, debtholders, equity interests, and other stakeholders usually engaged in Chapter 11 proceedings (including management, professionals, advisors, and special counsel).
Barry is also an active member of the firms’ commercial litigation and appellate practice and is an experienced trial lawyer with regular appearances in state, federal, and bankruptcy courts, and before arbitration tribunals.
Barry’s litigation practice centers on class action defense, creditors’ rights, distribution and franchise law, real estate workouts, fraudulent conveyance actions, corporate governance, and ERISA. However, it would be difficult to find a substantive area of the law to which he has had not had significant exposure. Barry believes it is incumbent that lawyers know their clients’ businesses and has intimate knowledge of the following industries: consumer electronics, financial services, life sciences, chemical manufacturing and distribution, and commercial real estate.
While Barry spends significant time in the courtroom, he spends an equally significant time assisting lawyers and clients in the boardroom. Traditionally, he represents high-net-worth individuals, privately- and publicly-held companies, and funds. He is regularly consulted to advise on issues with the goal of avoiding bankruptcy and litigation – either by reviewing contracts at inception, assisting with restructuring, or by negotiating resolutions of disputes before they reach litigation. His partners and clients value his judgment, his practical advice, his creativity, and the efficient way in which he reaches a “win” for the client. In addition to his skills as an attorney, he has extensive knowledge of litigation project management including early case assessment, budgeting, planning, and reporting tools.
- Representing funds in enforcement of creditors’ rights in connection with debt/equity investments in distressed life sciences companies and asset-backed real estate transactions
- Representing creditors and institutional loan participants in litigation (preference, fraudulent conveyance) in the cryptocurrency exchange bankruptcies.
- Representation of former shareholders in fraudulent conveyance claims brought by creditor trusts in connection with failed leveraged buyouts
- Representation of investors in fraudulent conveyance claims brought by the trustee for Bernie Madoff to recover distributions made directly and through feeder funds
- Representing assignees and creditors in ABCs (Assignments for the Benefit of Creditors) under state law dissolution proceedings
- Defense of officers, directors and shareholders against fiduciary duty claims brought on behalf of bankruptcy estates.
- Lead counsel for publicly-traded life sciences corporation in dispute with former CEO pending in Delaware Chancery and New York Federal Courts
- Lead counsel for retail chain in defense of consumer-facing class actions.
- Successful representation of trade creditors in all facets of bankruptcy process.
- Representation of clients in prosecution and defense of fraudulent conveyance actions.
- Secured winning credit bids of assets out of bankruptcy and foreclosure proceedings.
- Representation of minority shareholder in contested valuation proceeding.
- Lead counsel for client in multidistrict litigation involving numerous class actions alleging consumer fraud in connection with retail sales of petroleum products
- Defeated certification of nationwide and statewide class of purchasers of DVD players and, separately, for purchasers of rear projection televisions
- Defeated certification of statewide class of mobile home owners in Florida and obtained final dismissal on the merits against putative class representatives
- Obtained summary judgment dismissal in favor of chemical company in birth defect action shortly before trial.
- Defeated preliminary injunction sought by target seeking to enjoin tender offer under Williams Act.
- Negotiated withdrawal of multi-million-dollar breach of contract claim in connection with government contract for engineering company.
- Turnaround Management Association
- American Bankruptcy Institute
- Asian American Bar Association of New York
- Korean American Lawyers Association of Greater New York
- Filipino American Lawyers Association of New York