Benjamin Mintz is a member of Kaye Scholer's Business Reorganization and Creditors' Rights Department. His experience includes representations in and out of bankruptcy of debtors (both corporate and individual), creditors' committees, lender groups, DIP lenders, fiduciaries, indenture trustees and individual creditors (including secured and unsecured creditors, lessors and employees). These roles have involved a variety of industries, including hedge funds, health care, retail, financial, gaming, manufacturing, entertainment, telecommunications and apparel.
MEHRMr. Mintz's current and recent representations include Harbinger Capital Partners funds as a lead investor to Delphi Corp., Montefiore Medical Center as buyer of the assets of Our Lady of Mercy Medical Center, the prepetition and DIP lender in a number of healthcare bankruptcy proceedings (e.g., New York Westchester Square, St. Vincent's Catholic Medical Center), the bank groups of Aladdin Gaming and Formica Corporation, the official creditors' committee of Regus Business Centres, the DIP lender to Spiegel (and Eddie Bauer), the receiver in the Sagam SEC receivership proceeding, a major airline manufacturer as a creditor of Varig (the Brazilian national airlines), Cisneros entities as shareholders in America Online Latin America, the foreign representatives for the SPhinX funds and the corporate monitor and distribution agent in WorldCom. Mr. Mintz also represents Rosenthal & Rosenthal, as lender or factor, in connection with several chapter 11 cases or out-of-court situations. His past debtor representations include Geotek Communications, The Caldor Corporation, Unitel Video, Strawberries Inc. and The Pietrafesa Corporation.
Mr. Mintz has extensive transaction experience including with respect
to the negotiating and drafting of complex asset purchase agreements,
loan agreements, investment agreements, subordination and intercreditor
agreements, factoring agreements, and reorganization plans. He has also
been actively involved in several litigation matters before bankruptcy
and other courts throughout the country, including appeals to federal
district and circuit courts.