Benjamin Mintz has extensive transactional and litigation experience and has played active roles in many high-profile restructuring matters. Mr. Mintz'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.

Mr. Mintz'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. Mr. Mintz has experience in a variety of industries including health care, energy, real estate, retail, financial, gaming, manufacturing, entertainment, telecommunications, and apparel. Mr. Mintz 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.

Experience

  • King Street Capital as lender/investor in various Chapter 11 cases and other restructurings.
  • Tiffany & Company in the SDNY bankruptcy case of Republic Metals and in related litigation regarding the disputed ownership of refined metals.
  • HelpMeSee Inc., an eye surgery charity, in the SDNY bankruptcy case of WonderWork, Inc. 
  • Welltower, Inc., in the West Virginia bankruptcy case of Passage Healthcare Property LLC, a senior living facility operator, resulting in the successful termination of Welltower’s lease with Passage.
  • Major investors and creditors in the bankruptcy cases of Zetta Jet USA Inc. and Zetta Jet Pte Ltd., in the United States Bankruptcy Court for the Central District of California and in related litigation in California State Court.
  • Crocs, Inc. in the Nevada bankruptcy case of U.S.A. Dawgs, Inc.
  • Term lenders and syndicate agent in Paragon Offshore, Inc. Chapter 11 proceeding involving total term, revolver, and noteholder claims of approximately $2.4 billion. During the course of two separate multi-day trials, on behalf of Cortland Capital and the term loan lenders that are owed in excess of $642 million, successfully defeated confirmation of the debtors' plan of reorganization which sought to reinstate the term loan debt. As per its press reports, the Debtor is now attempting to pursue a consensual plan of reorganization process with all stakeholders.
  • Special Committee of Board of Directors of SFX Entertainment, a live music conglomerate that is focused on electronic dance music festivals throughout the world, in connection with SFX's Chapter 11 case.
  • Wilmington Savings Funds Society as indenture trustee for distressed bonds in a restructuring and potential litigation against Constellium N.V., the corporate parent of Wise Metals, which representation culminated in Wise Metals' redemption of the bonds at par plus a premium payment.
  • Gravity Midstream in connection with the $100 million acquisition of a crude processing unit, terminal and certain related assets located in the Texas Gulf Coast from Trigeant pursuant to a plan of reorganization.
  • MidCap Financial Services in providing exit financing to Relativity Media in the form of a collateralized loan secured by a revenue stream from a library of films.
  • Joint Official Liquidators of SPhinX Funds in Chapter 15 cases in SDNY.
  • Expert opinion to UK tribunals regarding application of Chapter 15 to UK foreign proceeding.
  • 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.
  • Corporate Monitor (Richard Breeden) of Worldcom, Inc.
  • Montefiore Medical Center as buyer of Our Lady of Mercy Medical Center.
  • Bank groups of Jones Stephens, Tishman DC office portfolio, Aladdin Gaming and Formica Corporation.
  • Official creditors' committee of Regus Business Centres.
  • 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.
  • Legal opinions (safe harbor transactions, non-consolidation, true sale, etc.)

Perspectives

Tribune Media Court Extends Safe Harbor Protections to Former Shareholders
Advisory
Leveraging Secured Lender Bankruptcy Cramdown Rules and Setting Interest Rates: Debtor and Lender Strategies
Panelist, Strafford
"Hobson's Choice" in Debt Restructuring Violates TIA Section 316(b)
Advisory
North American Distressed Debt Outlook 2015 Update
Panelist, Debtwire Investors Summit
North American Distressed Debt Market Outlook 2015
Kaye Scholer LLP and DebtWire, Inc.
More

Recognition

Healthcare Deal of the Year, Champion's Awards
Awarded by ACG New York (2014)
Pro Bono Publico Award for Affirmative Litigation
Received from the Legal Aid Society (2010)
Thurgood Marshall Award
Awarded by The Association of the Bar of the City of New York, Death Penalty Work

Credentials

Education
  • JD, Columbia Law School, 1995, Harlan Fiske Stone Scholar, 1992-1995
  • BA, Cornell University, 1992
Admissions
  • New York
  • US District Court, Southern District of New York
  • US District Court, Eastern District of New York
  • US District Court, Central District of Illinois
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Ninth Circuit
Overview

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