Overview
Barbra Parlin is an attorney in Holland & Knight's New York office and a member of the firm's Litigation Section. Ms. Parlin’s practice focuses on advising parties involved in complex commercial insolvency and restructuring proceedings, as well as related litigation and transactional matters.
Ms. Parlin represents both U.S.-based and foreign companies, court appointed liquidators, indenture trustees, secured and unsecured lenders, asset buyers, landlords, licensors, parties to prepetition contracts and leases and litigants in adversary proceedings in connection with both domestic and cross-border insolvency cases and out of court restructurings and wind-down proceedings. In addition, she advises clients on the business aspects of bankruptcy and workouts, providing counsel with respect to pre-bankruptcy planning, transaction review, claims, distressed asset and claims sales, lending and investment strategies. Ms. Parlin's experience crosses a broad array of industries, including corporate and structured finance, aviation, securities, manufacturing, transportation, construction, real estate, higher education, energy, technology, telecommunications, retail, healthcare, resort and hospitality, leasing, professional firms and maritime. She appears on behalf of clients in matters pending in bankruptcy courts around the country, as well as in other state and federal courts.
Ms. Parlin also has broad experience in matters concerning corporate governance and fiduciary duties, director and officer liability, derivative actions, securities and common law fraud litigation and investigations, and other commercial litigation. She has advised boards of directors with respect to their fiduciary obligations and has managed a broad range of litigation matters, including bankruptcy and avoidance litigation, securities fraud, shareholder derivative litigation, SEC investigations, merger and acquisition (M&A) litigation, corporate governance actions, construction litigation, directors' and officers' insurance issues, and other general commercial litigation.
Ms. Parlin has served as the Holland & Knight New York office recruiting partner, chair of the New York office diversity committee, and as partner-coordinator of the New York office Women's Initiative. She currently is a member of the New York office operations committee.
Ms. Parlin is a member of the advisory board for the New York City annual ABI Conference.
Representative Experience
- Represent numerous aircraft lessors in connection with Chapter 11 cases of counterparty airlines, including with respect to:
- negotiation of stipulations for post-petition equipment usage and terms for return of rejected equipment
- post-petition lease amendments and claim allowance agreements
- sale of claims to third-party buyers
- representation on official committee of unsecured creditors
- Represent Joint Official Liquidators of numerous offshore investment funds in connection with:
- Chapter 15 proceedings pending in U.S. Bankruptcy Court for the Southern District of New York
- administration and liquidation of fund assets including numerous asset sales and other securities transactions
- administration and corporate governance of fund as well as numerous direct and indirect non-debtor subsidiaries
- litigation arising out of pre-liquidation operation and management of insolvent fund, including actions pending in the U.S. District Courts for the Southern District of New York and the District of Delaware, and the U.S. Bankruptcy Court for the Southern District of New York
- litigation finance
- Represent indenture trustee for bondholders in Chapter 15 case filed in connection with Brazilian RJ Proceeding
- Represent aviation lessor in Chapter 15 case of Mexican airline
- Represent asset buyer in connection with purchase of assets from liquidators of Irish fund
- Represent administrative agent for secured loan facility in connection with numerous Chapter 11 cases involving borrowers, related litigation by liquidating trustee
- Represent pre-petition secured lender in Chapter 11 liquidation of borrower, including defeating equity committee request for authority to commence litigation seeking $50 million damages and equitable subordination of lender’s claims and successful resolution of claim
- Represent Indenture Trustee for bondholders individually and as member of Official Committee of Unsecured Creditors in Chapter 11 case of California utility
- Advise private equity fund sponsor/investment manager with respect to fiduciary obligations in connection with Chapter 11 case of fund, portfolio companies
- Represent secured account depository bank in connection with Chapter 11 case of account holder and negotiation of depository agreement with U.S. trustee
- Represent distressed investor in connection with acquisition of Dominican telecommunications company via Chapter 11 plan
- Represent agent bank in connection with Chapter 11 restructuring of shipping company
- Advise aviation equipment lessor in Chapter 11 cases of U.S.-based airlines
- Represent lessors in connection with assumption/rejection of commercial leases in Chapter 11 cases of lessees and related proceedings
- Represent aviation equipment lessor in avoidance action seeking to recharacterize leases, recover pre-delivery payment made by lessor to equipment manufacturer
- Represent private equity fund in connection with debtor in possession financing and acquisition of substantially all assets of paper mill in Section 363 sale
- Represent private equity sponsor/lender in connection with Chapter 11 case of retail portfolio company
- Represent former equity owner in $300 million fraudulent conveyance action arising out of leveraged buyout
- Represent state pension fund and other defendants in mass fraudulent conveyance actions arising out of leveraged buyout of media company and chemical company
- Represent officers and directors of debtor companies in post-liquidation fiduciary duty litigation
- Represent counterparties in connection with Chapter 11 cases of securities broker and related entities
- Advise board of directors of Norwegian shipping company with respect to restructuring options
- Advise asset-based lenders in connection with out-of-court restructurings of shipping company
- Advise Danish liquidators in connection with wind-down of U.S. subsidiary
- Represent buyer in out-of-court acquisition of distressed nursing homes and related businesses
- Advise buyer concerning fraudulent conveyance and section 365 issues arising out of acquisition of hundreds of time share/vacation properties
- Advise utility in connection with insolvency of power supplier and customers
- Represent former joint venture partner in wind-down and out-of-court liquidation of company, including fiduciary obligations
- Advise operator of port facilities as to insolvency-related matters
- Advise private equity investors as to true sale/recharacterization
- Represent law firm in fraudulent conveyance/unfinished business proceeding arising out of purchase of debtor firm’s foreign offices and retention of former partners
- Represent law firm in litigation alleging claims for successor liability, tortious interference and aiding and abetting breach of fiduciary duty claims against firm by retired partners/post-confirmation litigation trustee
- Represent foreign liquidator of Dubai bank in litigation to recover funds attached by creditors before commencement of insolvency case
- Represent trademark licensor defendant in class action securities fraud litigation by vacation club members arising out of bankruptcy of vacation club
- Represent counterparty in post-confirmation patent/contract litigation filed on behalf of debtor telecommunications company
- Represent Native American tribe in litigation arising out of disputes of oil and gas leases located on reservation
- Represented bondholder of Brazilian company to obtain judgment arising out of bond payment default
- Represent railroad operator in civil rights litigation by former service provider
Credentials
- New York University School of Law, J.D., cum laude
- Yale University, B.A., Religious Studies, magna cum laude
- New Jersey
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the District of New Jersey
- American Bar Association
- New York State Bar Association, Bankruptcy Litigation Committee
- American Bankruptcy Institute
- New York Super Lawyers magazine, Metro Bankruptcy and Creditors' Rights, 2013-2021
- Holland & Knight Rising Star, Class of 2006
- George A. Katz Memorial Award for Academic Excellence in Securities Regulation, New York University School of Law
- Staff and articles editor, New York University Environmental Law Journal