BARRY A. SULLIVAN

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Since 2005, Barry has acted as lead or local counsel in over $9 Billion in real estate and corporate financings and over $5 Billion in real estate sales and development projects. Notable transactions and matters include:

 

·         Lead counsel on the $475,000,000 construction financing of a luxury Hawaii development.

 

·         Lead counsel on the corporate reorganization and sale of a significant local company to a Fortune 300 company.

 

·         Lead counsel on the complex, “first-of-its-kind” $400 M CMBS debt restructure.

 

·         Lead counsel and managing director on the financing and partner buyout of The Kahala Mandarin Oriental (for borrower), a transaction complicated due to the ultimate beneficial shareholder’s Japanese bankruptcy. This work led to the publication of one of the first appellate decisions applying Chapter 15 of the US Bankruptcy Code and a featured article in the American Bankruptcy Institute.

 

·         Lead counsel for ground lessees in the negotiation and documentation of new or amended ground leases and material extensions on numerous major resorts and commercial properties in Waikiki and throughout Hawaii.

 

·         Counsel for the lessor, lessee, borrower, lender, buyer or seller on over 40% of the hotel room inventory in Waikiki.

 

·         Lead counsel in the acquisition or sale of numerous hotels and resort properties, including the Four Seasons Resort at Historic Kaupulehu, the Kona Village Resort, The Kahala Resort, The Makena Beach and Golf Resort, Maui Westin Resort, Maui Ritz Carlton, Queen Kapiolani Waikiki Beach Hotel, Hilton Garden Inn, Lotus Hotel, and multiple hotels in Waikiki and elsewhere.

 

·         Local counsel on multiple hotel, office, rental housing, condominium, and shopping center acquisitions and financings.

 

·         Debt, restructure and/or litigation counsel on numerous hotel and commercial properties during and following the 2008 financial crisis, including substantial portfolio work for Lehman Brothers and various other private equity borrowers and lenders, in excess of $1.5 Billion.

 

·         Plaintiff’s counsel in the recovery of over $75 M in awards, settlements or judgments.

 

Barry has been recognized as a Hawaii Super Lawyer ™ every year since its inception in real estate and selected as one of Hawaii’s Best Lawyers in each of securitization and structured finance law, real estate law, corporate law, and commercial litigation.

 

Barry earned a B.A. in Economics, with College Honors from the University of Cincinnati in 1988. In addition to his academic work, he served as an infantry soldier in the U.S. Army and Army National Guard, was elected as the Student Body President, appointed as a Student Trustee on the University Board of Trustees, and received both the Citicorp Scholarship and the Edwin Frank Prize in Finance. Barry was a semi-professional bicycle racer and raced throughout the U.S. and Europe before attending graduate school and then law school where he graduated, cum laude, in 1992 from Cornell Law School.

 

Education

J.D., Cornell Law School, 1992 
cum laude
Cornell International Law Journal

 

Graduate study, Economics and Finance, University of Cincinnati, 1988-1989

 

B.A., Economics with College Honors, University of Cincinnati, 1988 
Citicorp Scholar in Finance; Edwin Frank Scholarship Winner
Student Body President; Student Trustee; Student Body Vice President

 

Admissions & Courts
Hawaii (all state and federal courts)

U.S. Court of Appeals, Ninth Circuit

Memberships

Hawaii State Bar Association

American Bankruptcy Institute

Urban Land Institute

NAIOP

 

Legal Publications

Stranger in Paradise? The Role of a Foreign Bankruptcy Trustee in Chapter 15, American Bankruptcy Institute Journal, April 2008 (co-author) 27-APR AMBKRIJ 26