Barclay Damon
Barclay Damon

J. Eric Charlton

J. Eric Charlton

Partner

p: 315.425.2716

f: 315.425.8576

icon_email echarlton@barclaydamon.com
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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

Eric has represented individual, professional, business, and banking clients for more than 35 years in simple and complex commercial litigation, collection of debts, and bankruptcy proceedings. Eric has conducted evidentiary hearings and contested matters in bankruptcy courts, jury and non-jury trials in state and federal courts, and securities arbitration hearings.

His bankruptcy services for creditors extend to all phases of the bankruptcy process, including analysis of schedules and statements, preparation of proofs of claim, use of cash collateral, motion practice with respect to the automatic stay, the negotiation of and litigation over the adequacy of disclosure statements and plan treatment for secured creditors, the defense of preference avoidance actions, and fraudulent transfer litigation.

Eric has conducted trials and taken verdicts and bench decisions in such matters as a CERCLA contribution case involving 14 participating parties, the defense of a resident alien charged with violations of the Alien Tort Statute based on actions that took place in a foreign country, the defense of several employment discrimination cases against employers, and the representation of both plaintiffs and defendants in personal injury and wrongful death cases.

As a Restructuring, Bankruptcy & Creditors’ Rights Practice Area co-chair, Eric oversees and coordinates the services provided by the other members of the practice area. Eric is also the firm’s Information Resources partner responsible for the oversight of resource acquisition, negotiations of contracts, and budget management.

Representative Experience

  • Represented a biopharmaceutical company in adversary and claims objection proceedings relating to the post-petition validity and post-rejection status of the sub-license of intellectual property in the sub-licensor's chapter 11 bankruptcy case, resulting in settlement and retention of sub-license rights. 
  • Conducted a non-jury trial on behalf of a professional engineering firm in a dispute over services rendered, resulting in a favorable decision and recovery of the full amount due plus attorney fees. 
  • Represented a plastics manufacturer in defense of preference action in bankruptcy involving a complex factual and legal ordinary course of business and new value issues; favorable settlement reached on eve of trial. 
  • Represented a real estate secured lender in a farmer’s chapter 11 bankruptcy case, resulting in the appointment of a trustee and sale of collateral. 
  • Represented a commercial bank in a contested evidentiary hearing on confirmation of a proposed chapter 13 bankruptcy plan by debtors/owners of recreational rental property to force a partial surrender of real estate collateral and modification of loan terms. 
  • Represented a major league sports team as a creditor in a general assignment for the benefit of creditors, including claims analysis and defense of preference claims. 
  • Represented an accounting firm in defense of adversary proceeding in a bankruptcy case seeking avoidance of alleged preferential transfers; reached favorable settlement during pleading stage. 
  • Represented a developer/owners in the successful workout of defaulted commercial loans, resulting in substantial discounted payoff and the retention of development property. 
  • Represented a defense contractor as counter-party to supply agreements in federal court receivership, resulting in the preservation of contract rights and line of business continuity.
  • Represented an insurance agent in an arbitration hearing for unpaid commissions, resulting in a favorable decision, award, and recovery.

Practice Areas

Education

  • Boston University School of Law, J.D., 1976
  • Boston University, B.A., 1973

Admitted To Practice

  • New York, 1977
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Bankruptcy Court, Northern District of New York
  • U.S. Bankruptcy Court, Southern District of New York
  • U.S. Bankruptcy Court, Western District of New York
  • U.S. Bankruptcy Court, Eastern District of New York

Memberships & Affiliations

  • New York State Bar Association
  • Central New York Bankruptcy Bar Association, Former President

Civic Activities

  • Volunteer Judge and Evaluator of various law school Moot Court and Trial competitions
  • Syracuse Reformed Presbyterian Church, Congregation Chairman

Speaking & Publications

  • Lectures on the enforcement of judgments, including procedures, statutory constraints, collection alternatives, and bankruptcy considerations
  • New York State Bar Association CLE, “Collections and the Enforcement of Money Judgments – Bankruptcy Issues,” June 2009

Honors

  • New York State Bar Association Empire State Counsel Honoree for the exemplary pro bono service provision, 2018
  • Selected to Super Lawyers Upstate New York: Bankruptcy & Creditor/Debtor Rights and Commercial Litigation, 2007-2008 and 2010-2018
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Prior Experience

  • Hiscock & Barclay, LLP, Partner