Michael J. Barrie

Michael focuses on representing clients in real estate finance, capital markets, and joint venture transactions, as well as all clients generally in complex commercial, partnership, insolvency, and bankruptcy related dispute resolution and litigation. Michael achieves maximum value and effectiveness for his clients by developing and executing a strategically tailored, pragmatic approach to each engagement. His twenty plus years of transactional and litigation experience uniquely allows him to effectively and holistically counsel clients as a trusted partner in navigating all aspects of leveraged finance and risk; from initial diligence, structuring, and closing, through securitization, sale, agency and co-lender participation, workout, and, should the need arise, enforcement and litigation.   

In his transactional practice, Michael advises lenders, capital partners, borrowers, and sponsors in connection with traditional and alternative debt investments, such as bridge lending, leveraged finance, preferred equity investment, joint venture, and capital market transactions.

Michael also frequently litigates in Federal and state courts nationwide, including bankruptcy courts and Delaware’s Chancery Court, and has served as lead counsel in dozens of jury trials, bench trials, and hearings. Michael has also litigated and argued numerous appeals in the intermediate appellate courts of California, Pennsylvania, New Jersey, and New York, the highest appellate courts of Pennsylvania, Delaware, Ohio, and West Virginia, and the United States Courts of Appeal for the Second, Third, and Sixth Circuits. 

The following are examples of Michael's recent representative experience:

Representative Transactions

• Representation of capital partner in a $1.2 billion joint venture involving the acquisition and leveraging of an industrial logistics and indoor/outdoor storage portfolio.
• Representation of senior and mezzanine lender in connection with a combined $450 million investment in a sixty-seven industrial property portfolio.
• Representation of capital partner in a $350 million first lien debt transaction collateralized by forty-seven industrial assets.
• Representation of borrower in connection with its corporate restructuring into a Delaware Statutory Trust and restructuring of its $12 million senior secured loan.
• Representation of senior secured lender in loan sale relating to a $100 million investment secured by an industrial development project located in Boston, Massachusetts.
• Representation of senior lender in connection with a $19.5 million loan secured by waterfront piers in Philadelphia, Pennsylvania.
• Representation of lender in a senior secured acquisition loan and mezzanine construction loan for a total of $62 million investment in a high-end single-family home development project in New York.
• Representation of senior lender and preferred equity investor in connection with multiple transactions aggregating $114.5 million collateralized by various commercial real estate assets in New York, New York.
• Representation of senior lender in connection with four loans totaling approximately $75 million secured by multifamily projects throughout the Southeastern United States.
• Representation of senior lender in connection with a $65 million loan secured by an office building in Minneapolis, Minnesota.
• Representation of lender in connection with a $70 million note-on-note transaction involving a bankrupt hotel project in New York, New York.
• Representation of capital partner in connection with a $125 million acquisition facility collateralized by an industrial real estate portfolio.
• Representation of mezzanine lender in connection with a $70 million rescue construction loan involving a hotel project in Manhattan, New York.
• Representation of senior lender in connection with a $71 million in acquisition and construction financing for a hotel project in Manhattan, New York.
• Representation of B Note Lender and Agent in connection with a syndicated $66 million loan for the acquisition and rehabilitation of a multi-family project in South Bend, Indiana.
• Representation of B Note Lender and Agent in connection with a syndicated $70 million loan for the acquisition and tenant improvements relating to an office building in Short Hills, New Jersey.
• Representation of senior lender in connection with a $52.5 loan secured by a retail project in Los Angeles, California.

Representative Real Estate Litigation, Receivership, Workouts, Restructuring and Bankruptcy Engagements

• Representation of senior secured lender in a receivership and deed-of-trust sale relating to a $28.4 million facility secured by a multi-family project on Omaha, Nebraska.
• Representation of senior secured lender in workout, litigation, and eventual UCC sale relating to a pledge of equity interests collateralizing an $11 million loan for a mixed-use project in New York, New York.
• Representation of senior and mezzanine lenders in connection with the restructuring of approximately $52.6 million in various loans secured by three mixed-use assets in New York, New York.
• Representation of senior secured lender in connection with the restructuring of a $14.6 million loan secured by a condominium project in New York, New York.
• Representation of preferred equity provider in litigation in Delaware’s Chancery Court involving a $35 million preferred equity investment for a student housing project located in Austin, Texas.
• Representation of senior lender in connection with the bankruptcy acquisition and restructuring of a $22 million loan collateralized by multi-family project in Houston, Texas.
• Representation of senior secured lender and preferred equity investor in workout and litigation relating to a $100 million investment secured by an industrial development project located in Boston, Massachusetts.
• Representation of Senior Secured Lender in a receivership and sale relating to a $18 million facility secured by skilled nursing and assisting living facilities located outside of Philadelphia, Pennsylvania.
• Representation of bond holder in litigation against bond trustee.
• Representation of senior secured lender in workout, litigation, bankruptcy, and restructuring relating to a $33 million secured by pharmaceutical and industrial development projects located in Rockland and Kings Counties, New York.
• Representation of Senior Secured Lender in a workout relating to a $21 million facility secured by seven skilled nursing and assisting living facilities located in Florida, Colorado, and California.
• Representation of Senior Secured Lender in a workout and deed of trust sale relating to $63 million in loans secured by a mixed-use development project located in Venice Beach, California.
• Representation of Senior Secured Lender in a workout relating to a $12 million loan secured by a single use commercial property located in Staten Island, New York.
• Representation of Senior Secured Lender in a workout, receivership, bankruptcy, and bankruptcy litigation relating to a $32 million loan secured by a retail and professional/office development project located in Frisco, Texas.
• Representation of Senior Secured Lender in restructuring of a $25 million loan secured by all operating and real estate assets of an Ohio heating, electrical, air conditioning, plumbing and fire protection company, including the financing of a multi-million bolt-on acquisition.
• Representation of Senior Secured Lender in work out, receivership, foreclosure, and eventual loan sale relating to an $18 loan secured by a hotel located in Florida.
• Representation of Senior Secured Lender in the acquisition, workout, and litigation relating to a $28 million facility secured by all of the assets of a shopping mall in Wilmington, Delaware, resulting in a $40 million judgment entered against borrowers and guarantors on a full-recourse basis.
• Representation of Senior Secured Lender in a workout and deed-in-lieu transaction relating to $28 million facility secured by an assisted living facility located in Vermont.
• Representation of Senior Secured Lender in the acquisition and workout relating to a $5.3 million facility secured three skilled nursing and assisting living facilities located in West Virginia.
• Representation of Senior Secured Lender in the acquisition and restructuring of a $4 million loan secured by all operating assets of a software company based out of Louisville, KY.
• Representation of Senior Secured Lender in the acquisition, workout, and foreclosure of a $3 million loan secured by all real estate assets of a mixed used project located in Pennsylvania.
• Representation of Senior Secured Lender in the acquisition and restructuring of a $6 million loan secured by all operating and real estate assets of a charter school located in Wilmington, Delaware.
• Representation of Senior Secured Lender in the acquisition and restructuring of a $21 million loan secured by all operating and real estate assets of a Pennsylvania restaurant chain having nearly 50 locations.
• Representation of Senior Secured Lender in the acquisition and restructuring of a $2.1 million loan secured by multi-family projects located in Pennsylvania.
• Representation of Senior Secured Lender in workout and litigation relating to a $4.2 million loan secured by a retail shopping center located in Hazelton, Pennsylvania.
• Representation of Senior Secured Lender in workout, receivership and foreclosure litigation relating to a $6.5 million loan secured by a retail shopping center located in Burlington County, New Jersey.
• Representation of Senior Secured Lender in the restructuring, receivership, bankruptcy, and foreclosure of a $4 million loan secured by a hotel located in Spokane, Washington.
• Representation of Senior Secured Lender in workout and foreclosure litigation relating to a $2.8 million loan secured by a residential condominium project located in Sussex County, New Jersey.
• Representation of Senior Secured Lender in workout, bankruptcy, and foreclosure litigation relating to a $6 million loan secured by a behavior health hospital located in Youngstown, Ohio.
• Representation of Senior Secured Lender in workout, restructuring, and bankruptcy relating to $14 million in loans secured by two nursing facilities located in Texas.
• Representation of Senior Secured Lender in workout and restructuring of a $28 million loan secured by the operations and real estate relating to a metal forming company located in Ohio.
• Representation of the Senior Secured Lender in connection with workouts, restructurings, receiverships, bankruptcies, and liquidation of commercial loans within a $150 million commercial loan portfolio acquired from an FDIC receivership.
• Representation of the Senior Secured Lender in connection with a workout and foreclosure relating to a $17 million facility secured by an office building located outside of Philadelphia, Pennsylvania.
• Representation of the Senior Secured Lender in connection with workouts, bankruptcy, and foreclosures relating to four commercial loans in the combined principal amount exceeding $30 million and secured by retail and multifamily real estate projects located in Texas, Missouri, Illinois.
• Representation of the Senior Secured Lender in connection with the workout and restructuring of a $7 million loan secured by a multi-family complex located in Pennsylvania.
• Representation of the Senior Secured Lender in connection with the workout and foreclosure of a $14 million facility secured by an industrial property located in Indiana.
• Representation of the Senior Secured Lender in connection with the workout of a $32 million facility secured by a portfolio of industrial properties located in Western Ohio.
• Representation of the Senior Secured Lender in connection with the workout, bankruptcy, and foreclosure relating to a $6 million facility secured by multiple nurseries located throughout Pennsylvania.
• Representation of the Senior Secured Lender in connection with the workout and foreclosure relating to a $4 million facility secured by all the real and personal assets of a car dealership in located in Central Pennsylvania.
• Representation of the Senior Secured Lender in the workout of combined $58 million facility secured by a shopping center in Ohio.

Representative Non-Real Estate Commercial Litigation Engagements

• Representation of Plaintiff in a theft of trade secrets case in Federal court in New Jersey and in the United States Court of Appeals for the Third Circuit, resulting in a precedential opinion.
• Representation of Plaintiff in a theft of trade secrets and breach of contract case in Delaware’s Court of Chancery.
• Representation of Plaintiff in an action against former officers and directors of an electric bus manufacturer in Federal Court in North Carolina.
• Representation of Plaintiff in connection with workout and litigation relating to a $72 million facility secured by all of the assets of a metal forger in Texas, resulting in a jury verdict against the lender in Texas.

Representative Debtor-Side Workout and Bankruptcy Engagements

• Representation of Debtors in bankruptcy of a finance company that focuses on originating, acquiring, investing in, and servicing reverse mortgages and securities backed by reverse mortgage loans.
• Representation of Debtors in a Chapter 15 cross-border insolvency involving a Canadian pharmaceutical company.
• Representation of Borrower in connection with discounted payoff, bridge mezzanine loan, and permanent loan in connection with a CMBS loan collateralized by a mixed-use asset in New Jersey.
• Representation of stalking horse purchaser in connection with an acquisition of a retail center located in a metropolitan public transportation hub in New York, New York.
• Representation of Debtors in workout and bankruptcy of a national furniture chain having in excess of 170 locations throughout the mid-Atlantic and mid-West regions of the United States.
• Representation of the Debtors in connection with the workout and bankruptcy of one of the largest hemp producers in the United States, located in Kentucky.
• Representation of the Ad Hoc Committee of Senior Noteholders and the Administrative Agent of the Debtor-In-Possession financing facility in connection with a regional hospital chain consisting of thirteen hospitals throughout the Midwest.
• Representation of Chapter 11 Trustee and plan liquidating trustee for an electric bus manufacturer based in Charlotte, North Carolina.
• Representation of the Borrower in connection with a restructuring relating to a combined $110 million in loans secured by a shopping mall located in Oregon.
• Representation of the Borrower in connection with the workout and restructuring of an internet search engine optimization company based in California.
• Representation of Debtor in connection with the workout and bankruptcy of a commission fabric finisher based in Pennsylvania and North Carolina.
• Representation of the Borrower in connection with the workout and restructuring of a fifty-restaurant chain located throughout the Southwest, United States.