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.


  • 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.
  • 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.


"Hobson's Choice" in Debt Restructuring Violates TIA Section 316(b)
North American Distressed Debt Market Outlook 2015
Kaye Scholer LLP and DebtWire, Inc.
Distressed Debt Market Outlook Panel Discussion
Kaye Scholer LLP, Citigroup, Debtwire, and River Birch Capital Panel Discussion


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 American Bar Association, Section of Civil Rights and Social Justice


  • JD, Columbia Law School, 1995, Harlan Fiske Stone Scholar, 1992-1995
  • BA, Cornell University, 1992
  • 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

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