Benjamin Mintz is a partner in Kaye Scholer’s Bankruptcy & Restructuring Department. Ben has extensive transactional and litigation experience and has played active roles in many high-profile restructuring matters. Ben’s transaction experience is broad-based and includes 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 litigation matters throughout the country, including bankruptcy courts, federal district courts, state courts and appellate courts.
Ben’s clients include bank groups, lenders, hedge funds, asset managers and other senior secured investors as well as debtors, creditor committees, fiduciaries, equity holders and other creditors. Ben has experience in a variety of industries including health care, energy, real estate, retail, financial, gaming, manufacturing, entertainment, telecommunications, and apparel. Ben also has extensive experience in distressed M&A, having represented both buyers and sellers in complex distressed acquisition transactions, involving operating assets, financial assets and real estate.
- Healthcare Finance Group as the prepetition, DIP and/or exit lender in a number of healthcare bankruptcy proceedings (e.g., Restora, Johnson Memorial Medical Center, KidsPeace, St. Mary’s Hospital, Caritas Healthcare, New York Westchester Square, St. Vincent’s Catholic Medical Center
- Harbinger Capital Partners funds as a lead investor to Delphi Corp. and other matters
- Montefiore Medical Center as buyer of Our Lady of Mercy Medical Center
- The bank groups of Jones Stephens, Tishman DC office portfolio, Aladdin Gaming and Formica Corporation
- The official creditors’ committee of Regus Business Centres
- The prepetition and/or DIP lender in numerous matters (e.g., Foamex, LyondellBasell, Abitibi and Spiegel/Eddie Bauer)
- Capmark in connection with the restructuring and/or sale of distressed loan assets
- Various debtor representations (Geotek Communications, Unitel Video, The Caldor Corporation)
- Rosenthal & Rosenthal, Inc. as lender or factor in various matters
Ben is a recipient of the Healthcare Deal of the Year Award for his work on the reorganization of KidsPeace Corp., presented at the 2014 ACG New York Champion’s Awards.
Ben is a recipient of Thurgood Marshall Award and the 2010 Pro Bono Publico Award.
Publications and Speaking Engagements
Panelist, “North American Distressed Debt Outlook 2015 Update,” Debtwire Investors Summit, May 13, 2015.
Panelist, “2015 North American Distressed Debt Market Outlook,” Kaye Scholer co-sponsorship with Debtwire, February 11, 2015.
Panelist, “Section 1111(b)(2) Elections, Plan Feasibility, and Cramdown Interest Rate Complexities: Navigating Advantages for Secured Lenders and Potential Traps for Debtors,” Strafford, September 3, 2014.
Panelist, “Leveraging Secured Lender Bankruptcy Cramdown Rules and Setting Interest Rates: Strategies for Debtors and Lenders,” Strafford, May 20, 2014.
Moderator, “Cram Down,” Association of Insolvency and Restructuring Advisors 12th Annual Advanced Restructuring & Plan of Reorganization Conference, November 18, 2013.
“Artificial Impairment: Recent Case Law a Warning for Secured Creditors,” Bank News, 2013.
“Cramdown and Valuation Issues for Secured Creditors,” Dow Jones Daily Bankruptcy Review, 2013.
Moderator, “Industry to Watch – Energy,” Association of Insolvency and Restructuring Advisors 11th Annual Advanced Restructuring & Plan of Reorganization Conference, November 19, 2012.
Moderator, “2011—A Year in Review from the Perspectives of Judges and Attorneys,” Association of Insolvency and Restructuring Advisors 10th Annual Advanced Restructuring & Plan of Reorganization Conference, November 14, 2011.
Moderator, “Cram-Ups,” Association of Insolvency and Restructuring Advisors 9th Annual Advanced Restructuring & Plan of Reorganization Conference, November 15, 2010.
Co-Author, “Deepening Insolvency: A Cause of Action in Decline,” The Secured Lender, 2006.
“Revisiting Lender Liability Claims Under New Theory,” National Law Journal, 2005.
Co-Author, “Bankruptcy/WARN Act,” National Law Journal, 2004.
Co-Author, “Utility Deposits and § 366: a Delicate Balancing Act; Second Circuit Court Weighs in on the Issue,” New York Law Journal, 1997.
Co-Author, “Section 524(g) and the Futures Representative,” ALI ABA.
“Analyzing the OPTN under the State Action Doctrine — Can UNOS’s Organ Allocation Criteria Survive Strict Scrutiny?” Columbia Journal of Law and Social Problems, 1995.