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Peter J. Barrett

Partner

Peter represents unsecured and secured creditors, trustees, lessors, equity holders and corporate debtors in insolvency matters, including Chapter 11 reorganizations, business liquidations and loan workouts.

Peter also represents clients in connection with acquisition of distressed assets and insolvency-related litigation. Based in the Richmond, Virginia office of Kutak Rock, Peter regularly appears in bankruptcy courts across the country to represent the interests of firm clients. Peter also serves as a member of the panel of Chapter 7 bankruptcy trustees for the Eastern District of Virginia, Richmond Division.

Publications
  • "Understanding Recent Trends and Changes Impacting Bankruptcy Clients and Attorneys,” Bankruptcy and Financial Restructuring 2013 – Top Lawyers on Trends and Key Strategies for the Upcoming Year, 2013 (author)
  • “Key Cases in Chapter 11 and Chapter 5 Litigation Matters,” Bankruptcy and Financial Restructuring 2012 – Top Lawyers on Trends and Key Strategies for the Upcoming Year, 2012 (author)
  • "The Impact of Recent Legislative Changes and Judicial Decisions on Creditors’ Rights,” Inside the Minds: Creditors’ Rights in Chapter 11 Cases, 2011 (author)
  • “Recent Developments, Bankruptcy Law News,” Virginia State Bar Bankruptcy Section, 2003-2004 (editor)
Speaking Engagements
  • "Bankruptcy and Indian Tribes: From the Basics of Bankruptcy to Tribal Sovereign Immunity," State Bar of Arizona and the Tribal In-House Counsel Association, CLE, September 2019 (co-presenter)
  • “Chapter 11 Financing: Roll-Ups, Roll-Overs and Creeping Roll-Overs,” American Bankruptcy Institute’s Southeast Bankruptcy Workshop, 2019 (panelist)
  • “Retail Wind-Downs,” 33rd Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, 2018 (panelist and co-author)
  • “Essentials of Bankruptcy Law,” Virginia Continuing Legal Education’s Essentials Seminar, 2017 (panelist)
  • “Hot Topics in Bankruptcy,” 32nd Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, 2017 (panelist and co-author)
  • “Claims Allowance and Objections,” Virginia Continuing Legal Education’s Annual Bankruptcy Practice Seminar, 2017 (panelist and co-author)
  • “GM Successor Liability Appeal,” American Bankruptcy Institute Asset Sales Committee Call, 2016 (moderator)
  • “Bankruptcy Litigation,” Virginia CLE: Everything a Bankruptcy Attorney Should Know Seminar, 2015 (panelist and co-author)
  • “Recent Developments – Case Law Updates,” 22nd Annual Hal J. Bonney, Jr. Seminar on Bankruptcy Law and Practice, 2014 (panelist and co-author)
  • “The Basics of Bankruptcy Law,” Virginia CLE: How-To Seminar, 2014 (panelist)
  • “Recent Developments in Bankruptcy,” Northern Virginia Bankruptcy Bar Association Annual Meeting, 2013 (panelist and co-author)
  • “Recent Developments in Virginia Bankruptcy Law,” Virginia Bar Association’s 16th Annual Bankruptcy Law Conference, 2013 (panelist and co-author)
  • “Recent Developments in Bankruptcy,” Northern Virginia Bankruptcy Bar Association Annual Meeting, 2012 (panelist and co-author)
  • “Recent Developments in Virginia Bankruptcy Law,” Virginia Bar Association’s 15th Annual Bankruptcy Law Conference, 2012 (panelist and co-author)
  • “Asset Sales Under Section 363 of the Bankruptcy Code,” 41st Annual Barbara A. Everly Advanced Procedures Bankruptcy Seminar, 2011 (panelist)
  • “Recent Developments in Bankruptcy,” Northern Virginia Bankruptcy Bar Association Annual Meeting, 2011 (panelist and co-author)
  • “The Basics of Bankruptcy Law,” Virginia Continuing Legal Education’s How-To Seminar, 2011 (panelist)
  • “Recent Developments in Virginia Bankruptcy Law,” Virginia Bar Association’s 14th Annual Bankruptcy Law Conference, 2011 (panelist and co-author)
  • “Recent Developments in Bankruptcy,” Northern Virginia Bankruptcy Bar Association Annual Meeting, 2010 (panelist and co-author)
  • “Recent Developments in Bankruptcy,” Virginia Bar Association’s 13th Annual Bankruptcy Law Conference, 2010 (panelist and co-author)
  • “A Sign of the Times: How to Handle a Failed Construction Project,” 30th Annual Construction and Public Contracts Law Seminar, 2009 (panelist)
  • “Recent Developments,” 24th Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, 2009 (panelist and co-author)
  • “Recent Developments in Bankruptcy,” Northern Virginia Bankruptcy Bar Association Annual Meeting, 2009 (panelist and co-author)
  • “Recent Developments in Bankruptcy,” Virginia Bar Association’s 12th Annual Bankruptcy Law Conference, 2009 (panelist and co-author)
  • “Buying Distressed / Bankrupt Retail Companies,” Distressed Retail and Shopping Center Real Estate Symposium, 2008 (moderator)
 

  • Represented the ad hoc committee of senior secured lenders and DIP lenders in the Chapter 11 cases of a coal processor and marketer and its affiliates.
  • Represented a large, national clothing retailer in its successful chapter 11 reorganization.
  • Represented an international electronics manufacturer in the successful resolution of a lawsuit seeking in excess of $250 million in damages.
  • Represented the ad hoc committee of senior secured lenders and DIP lenders in the Chapter 11 cases of a large bowling center operator.
  • Represented six affiliated debtors involved in oil and gas production and distribution in their Chapter 11 reorganizations (Turnaround Management Association – Transaction of the Year: Mid-Size Company).
  • Represented a large Appalachian coal company and its 47 subsidiaries in their Chapter 11 bankruptcy cases (Turnaround Atlas Award for Special Situation M&A Deal of the Year).
  • Represented the second largest North American home entertainment specialty retailer in its Chapter 11 cases.
  • Represented a bidding consortium in connection the 363 sale of a national sports retailer.
  • Represented a large Appalachian coal company and its 47 subsidiaries in their Chapter 11 bankruptcy cases (Turnaround Atlas Award for Special Situation M&A Deal of the Year).
  • Served as chapter 11 trustee in the bankruptcy of a luxury condominium development.
  • Represented fourteen affiliated debtors in chapter 7 bankruptcy cases following a pre-petition asset sale.
  • Represented federally recognized Indian tribes in connection with bankruptcies involving oil, gas, coal, construction, manufacturing and gaming and in connection with loan workouts.
  • Represented a number of creditors and parties in interest in disputes, including mediations and adversary proceedings, related to swap transactions in the Lehman Bros. bankruptcy cases. 
  • Represented the ad hoc committee of second lien lenders in the Chapter 11 cases of a coal and natural gas producer and its affiliates.
  • Represented a group of affiliated technology companies in their Chapter 11 cases resulting in a successful, though contentious, sale under section 363 of the Bankruptcy Code.
  • Represented the owners of a large multi-state law firm in connection with the successful settlement of litigation in and out of bankruptcy court and the confirmation of a liquidating plan granting the owners blanket releases.
  • Represented the Chapter 11 trustee in the successful sale of a fuel supplier and owner of a chain of convenience stores.
  • Represented the successful purchaser, in a joint venture with a national liquidator, in a contested sale of a chain of golf retail stores through a sale under section 363 of the Bankruptcy Code.
  • Represented a publishing company, as a judgment creditor, in the Chapter 11 case of the judgment debtor which involved in a joint plan between our client and the debtor which ultimately resulted in our client assuming ownership of the debtor as a going concern.
  • Represented the publicly traded holding company of a major bowling center operator in its Chapter 11 case.
  • Represented the DIP and exit facility lenders in the Chapter 11 cases of a coal company.
  • Represented the chair of the Official Committee of Unsecured Creditors in the Chapter 11 cases of a large, national multifamily and low-income housing developer and property manager. 
  • Represented the successful purchaser of substantially all of the assets of a multi-state chain of sports retailers through a sale under section 363 of the Bankruptcy Code.
  • Represented a Canadian manufacturer in its Chapter 15 proceedings involving asbestos-related claims.
  • Represented the petitioning creditor in one of the first involuntary Chapter 11 cases of an individual following the enactment of BAPCPA.
  • Represented a secured lessor in a dispute with the majority owner of a renowned Los Angeles recording studio in a Chapter 11 liquidation.  
  • Regularly represent the senior secured lender or agent bank in Chapter 11 cases throughout the country in industries such as real estate, hospitality, retail, entertainment and manufacturing.
  • Regularly represent creditors in the defense of preference and other insolvency-related litigation with significant claimed damages.
  • Regularly represent bankruptcy trustees in asset analysis, asset recovery, claims analysis and litigation.
  • Regularly represent national banks and large commercial lenders in the out-of-court restructuring of lending facilities ranging from as little as $1 million to more than $100 million.
  • Regularly serve as chapter 7 trustee in consumer and business bankruptcy cases.

  • Super Lawyers® Rising Stars, 2007, 2010-2012
  • The Best Lawyers in America©, multiple years