Dale E. BarneyDale E. Barney has extensive experience in all aspects of debtor/creditor relations, bankruptcy and insolvency litigation, and commercial and chancery litigation. Mr. Barney leads the group's dedicated litigation team, has substantial trial and appellate experience, and advises clients on all aspects of debtor/creditor disputes, workouts and structured resolutions. Mr. Barney has primary responsibility for many of the firm's secured and unsecured creditor representations, and a wide variety of general commercial, corporate and securities litigation.
Cooper Tire and Rubber Company, Armstrong World Industries, Inc., Verizon Business Global LLC, HealthNet of the Northeast, Inc., Skanska USA Building Inc., PNC Bank, Pamrapo Savings Bank, Banc One Capital Partners, Greystone Business Credit and a variety of private investors and lenders are representative of Mr. Barney’s clients. Mr. Barney has also had major involvement in a number of the firm's substantial debtor/creditors' committee cases, such as R&S Parts and Service, Inc. d/b/a Strauss Discount Auto, Manhattan Bagel Company, Inc., Mutual Benefit Overseas, Inc., Emerson Electric Company, Herman's Sporting Goods, Inc. and Twin County Grocers, Inc.
Mr. Barney has likewise represented creditor and other interests in many significant chapter 11 cases including Universal Automotive Industries, Inc., Northwest Airlines, Inc., Lynx Associates, L.P., Pascack Valley Hospital, Treasure Island, Inc., Farmland Industries, Inc., and Genuity, Inc.
Mr. Barney practices in the Superior Court of New Jersey, the United States District and Bankruptcy Courts for the District of New Jersey, the United States Court of Appeals for the Third Circuit, the United States District and Bankruptcy Courts for the Southern and Eastern Districts of New York, as well as the United States Bankruptcy Courts in other states. Mr. Barney is experienced in conducting arbitrations, mediations and alternative dispute resolution proceedings, offering clients a cost effect alternative to litigation.
EducationCollege of William & Mary, Marshall-Wythe School of Law (J.D., 1987)
Phi Alpha Delta (President, Wythe Chapter, 1985-1986)
The Colonial Lawyer (Articles Editor, 1986-1987)
University of Virginia (B.A., 1982)
Professional AdmissionsState of New Jersey 1987
United States District Court for the District of New Jersey 1987
United States District Court for the Southern District of New York 2003
United States District Court for the Eastern District of New York 2003
United States Court of Appeals for the Third Circuit 2004
Professional ActivitiesMember, New Jersey State Bar Association
Member, American Bar Association - Litigation Section, Alternative Dispute Resolution Section
Member, Garden State Credit Associates
Publications"Third Circuit Issues Precedential Decision on Deepening Insolvency Cause of Action Under Pennsylvania Law," The Business Advisor, December 2, 2011
"Third Circuit: In Pennsylvania, Creditors’ Deepening Insolvency Claims Still Fair Game," Business Litigation Alert, November 4, 2011
"What Is New In The Bankruptcy Abuse Prevention And Consumer Protection Act of 2005," Metropolitan Corporate Counsel, December 2005 (Dale E. Barney, Mark Conlan)
"The Secured Lender's State Law Remedies on Default: A Practical Approach to Foreclosure and Replevin," The Banking Law Journal, June 2004
"Defenses to Preference Actions -- Trade Creditors' Best Defenses: What to Look For," New Jersey Law Journal, May 31, 2004
"The Secured Lender's State Law Remedies on Default: A Practical Approach to Foreclosure and Replevin," The Business Advisor, March 16, 2004
"Trade Creditors' Best Defenses to Preference Actions: What to Look For," The Business Advisor, October 7, 2003
"ADR and Bankruptcy Code are Starting to Collide," The National Law Journal, May 26, 2003
Honors/Awards*Listed in The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation Bankruptcy
Listed in Super Lawyers, Bankruptcy & Creditor/Debtor Rights, 2013
AV® Peer Review Rated by Martindale-Hubbell
Representative CasesMatson America Transportation Services, LLC v. Guaranteed Overnight Delivery, Inc. [and] Armstrong World Industries, Inc., et al., Docket No. MID-L-2678-05 (N.J. Super. Ct. Law Div. March 10, 2008)
In re Midstate Mortgage Investors, Inc., Case No. 03-2153 (3d Cir. August 5, 2004)
Rickel & Associates, Inc. v. Smith (In re Rickel & Associates, Inc.), 272 B.R. 4 (Bankr. S.D.N.Y. 2002)
In re Rickel & Associates, Inc., 260 B.R. 673 (Bankr. S.D.N.Y. 2001)
In re Manor Place Development Associates, L.P., 144 B.R. 67 (Bankr. D.N.J. 1992)
In re Skil-Air Corp., 142 B.R. 692 (Bankr. D.N.J. 1992)
Jersey Central Power & Light Co. v. Weigand, 234 N.J. Super. 514 (Law Div. 1989)
*No aspect of this communication has been approved by the Supreme Court of New Jersey. Further information about methodologies for rating or selecting attorneys is available on our website’s Award Methodology page.