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Partner
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Phone: 260-423-8845
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Fax: 260-423-8920
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E-mail: tpy@barrettlaw.com
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Practice Area: Bankruptcy and Creditors` Rights
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PRACTICE AREAS
- Commercial bankruptcy with concentration on creditors` rights, including Chapter 11 and Chapter 7 representation ofsecured creditors, financial institutions, trade creditors/suppliers, landlords/tenants, creditors committees, prospective asset purchasers, venture capital entities and selected Debtors
- Insolvency-related commercial workouts, reorganizations and associated litigation on behalf offinancial institutions, trade creditors/suppliers, and manufacturers
- Commercial loan transactional matters for institutional lenders and selected borrowers
- Admitted to practice before the Indiana state courts, the United States Court of Appeals for the Seventh Circuit, and the United States District Court for the Northern and Southern Districts of Indiana
SELECTED REPRESENTATIVE CASES
- Co-counsel for Chapter 11 Debtor in In re Monon Corporation
- Primary insolvency counsel for both a major national industrial scrap supplier, and its affiliated aluminum castings manufacturer, and a major national steel mini-mill operator in Chapter 11 and Chapter 7 cases, bankruptcy-related litigation and voluntary workouts pending throughout the United States
- Insolvency counsel for Johnson Controls, Inc., a secured creditor owed $12 million, in In re Universal Plated Plastics, Inc. (Northern District, Indiana)
- Insolvency counsel for FINOVA Capital Corporation, a Chapter 11 secured creditor owed in excess of $5 million, in In Re Consolidated Industries Corp. (Northern District, Indiana)
- Litigation counsel for seven (7) separate trade creditor defendants in Adversary Proceedings to set aside alleged preferential transfers in In re Advance Mixer Corporation (Northern District, Indiana)
- Insolvency counsel for Conopco, Inc. d/b/a Good Humor Breyers, a Chapter 11trade creditor owed in excess of $2 million and Adversary Proceeding defendant, in In re Heartland Processing, Inc. (Southern District, Indiana)
- Insolvency and bankruptcy litigation counsel for Amana Company, L.P., Bard Manufacturing, Inc. and Goodman Manufacturing Company, holding combined Chapter 7 unsecured claims exceeding $15 million, in In re Consolidated Industries Corp. (Northern District, Indiana)
- Insolvency and bankruptcy preference litigation counsel for a major Chapter 11 trade creditor, holding a $10 million unsecured claim, and member of the Official Creditors Committee/Executive Committee in In re LTV Steel Corporation (Eastern District, Ohio)
- Insolvency counsel for Congress Financial Corporation, a Chapter 7 secured creditor owed in excess of $11 million, in In re HPA/ Monon Corporation (Northern District, Indiana)
- Insolvency and bankruptcy preference litigation counsel for Gate City Steel d/b/a Prime Source Supply, a Chapter 11 secured and trade creditor owed in excess of $2 million, in In re Reinforcing Enterprises, Inc. and Estes Rebar, Inc. (Northern District, Indiana)
- Insolvency and supervising corporate counsel for Calvary Temple Church, Inc. re winding down business operations and asset liquidation (Northern District, Indiana) to Green Thumb Organics, Inc. and four (4) national affiliates, in $8 million bank workout and receivership proceeding (Northern District, Indiana).
- Local counsel to FINOVA Capital Corporation, a Chapter 11 owner trustee of the multiple 757 aircraft, in In Re ATA Holdings Corp., et al. (Southern District, Indiana)
REPRESENTATIVE CLIENTS
- OmniSource Corporation, Superior Aluminum Alloys, L.L.C., Commercial Metals Company, Congress Financial Corporation, Steel Dynamics, Inc., Johnson Controls, Inc., FINOVA Capital Corporation, Rea Magnet Wire Corporation, Travelers Insurance Company, Heller Financial, Inc., U.S. Bancorp, Attorneys Title Guaranty Fund, Conopco, Inc. d/b/a Good Humor Breyers, Gate City Steel, Bard Manufacturing, Inc., Amana Company, L.P., Goodman Manufacturing Company, Alcoa, Inc., Ambassador Steel Company, Sky Bank, Associates Commercial Corp., Volvo Commercial Finance Corp., Paws, Inc., Ventra Corporation, Old National Bank, Societe Generale Bank, GMAC Commercial Mortgage Corporation, Link Snacks, Inc., ConAgra Foods, Inc., Landstar Logistics, Inc., GE Capital Small Business Corp., Flex-N-Gate Canada Co.
PROFESSIONAL INVOLVEMENT
- National Seminars Presented:
- Chapter 11 Dismissals/Conversions: Bad Faith Filings, Winter CLE Conference, Legal Education Institute, Inc. And The Bureau of National Affairs, Inc. (Vail, CO, 1994, 1996, and 1999)
- Associates Commercial Corp. V. Rash: What The Supreme Court Should Have Said, Annual Meeting, American Bankruptcy Institute (Washington, D.C., 1997)
- Fraudulent Conveyances and Reasonably Equivalent Value, Legal Education Institute, Inc. And The Bureau of National Affairs, Inc., (Vail, CO, 1995)
- "Retirement Exemption Issues A-Z", Central States Bankruptcy Conference (Traverse City, MI, 2003)
- State Seminars Presented:
- In excess of 75 presentations on behalf of the Indiana Continuing Education Forum, National Business Institute and other providers of legal education
- Memberships:
- Member, Allen County Bar Association, Board of Directors (2004-present)
- Allen County Bar Association, Director (2005-present)
- Member, Indiana State Bar Association, President (1999-2000)
- Board of Governors (1997-2001)
- Member, American Bar Association
- Indiana Chairman, Bankruptcy Committee, Seventh Circuit Bar Association (1991-2003)
- President, Indiana Continuing Legal Education Forum (1998-1999)
- Board of Directors, American Bankruptcy Institute (1994-2000);
Vice Chair, Membership Committee (1994-2000)
- Fellow, Indiana Bar Foundation
- Board of Directors, Indiana Bar Foundation
- Advisory Board, Central States Bankruptcy Conference (1996-present)
- Board of Visitors, Indiana University School of Law, Indianapolis and Bloomington (1998-2000)
- Fellow, American College of Bankruptcy
- Sagamore of the Wabash (2000)
- Named "Fort Wayne Best Lawyers Bankruptcy and Creditors` Rights Lawyer of the Year" for 2011 by Best Lawyers in American publication
PUBLISHED WORK
- Co-author, Bankruptcy - A Survival Guide for Lenders, American Bankruptcy Institute (First Edition,1997; Second Edition, 2008)
COMMUNITY INVOLVEMENT
- Past President, YMCA Central Branch
- Board of Directors, YMCA Central Branch
EDUCATION
- Indiana University (J.D., 1977)
- Hanover College (B.A., cum laude, 1974)
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