Duncan E. Barber

Duncan Barber is of counsel with the firm.

Mr. Barber has an extensive creditor rights, insolvency, and financial-restructuring practice. He deals with all aspects of businesses in financial distress. He has advised a broad range of clients at the “front end” of deals in structuring business formations and other contractual undertakings with a view toward mitigating the risks of financial distress and enforcement of rights. This includes providing bankruptcy opinions in both private and public offerings to rating agencies and lenders and other investors. Additionally, he represents creditors and debtors in all types of restructuring and workouts outside of bankruptcy. Such representation includes a complete range of financial restructuring, workout and enforcement strategies and actions, including real estate foreclosures, receiverships, commercial and lender-liability litigation, and post-judgement proceedings.

Mr. Barber has extensive experience in bankruptcy proceedings (reorganization and liquidation), where he represents many types of clients in a broad range of business segments. Such businesses include telecommunications and other high-tech and software development companies, manufacturers, retailers, franchises, airlines, resorts, natural resource companies, and numerous types of construction-development entities and projects.

Mr. Barber has represented individuals and both public and private companies across the United States and abroad. His clients include unsecured trade creditors, institutional and non-institutional lenders (secured and unsecured), borrowers, receivers, Chapter 11 debtors in possession, creditors’ committees, Chapter 7 debtors and trustees, boards of directors and individual board members, indenture trustees, bondholders and equity holders.

Mr. Barber has been an adjunct professor at the University of Denver, College of Law, where he taught bankruptcy, debtor-creditor rights, and advanced business bankruptcy under Chapter 11. He also has written and lectured on a wide range of bankruptcy and foreclosure topics for many educational organizations.

He is a member of the American Bankruptcy Institute and Turnaround Management Association.

Mr. Barber was named to the list of The Best Lawyers in America© 2019 - 2021 in the category of Commercial Litigation.

Mr. Barber is a cum laude graduate of the J. Reuben Clark Law School. He received his Bachelor of Arts degree from Brigham Young University.