Benjamin Mintz | People | Arnold & Porter

Benjamin Mintz has practiced in the restructuring and bankruptcy area for more than 25 years. He has extensive transactional and litigation experience and has played active roles in many high-profile restructuring matters. Mr. Mintz's broad-based transaction experience includes negotiating and drafting 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 has substantial experience in cross-border matters including sovereign representations.

Mr. Mintz's clients include ad hoc lender groups, lenders, hedge funds, asset managers, administrative agents, indenture trustees and other senior secured investors, as well as debtors, creditor committees, litigation/liquidation trustees, fiduciaries, equity holders, sovereigns, and other individual creditors. Mr. Mintz has experience in a variety of industries, including real estate, energy, airlines, healthcare, travel, 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.

Focus Areas

Bankruptcy and Restructuring

Experience

Kyrgyz Republic in connection with Chapter 11 case of Kumtor Gold.
LoanCore Capital as secured lender in connection with various real-estate Chapter 11 bankruptcy proceedings.
Largest investors and creditors in the Zetta Jet bankruptcy case in the Central District of California.
AT&T in connection with its fire victim claim against PG&E Corporation in Northern District of California bankruptcy case.
Tiffany & Company in the Southern District of New York bankruptcy case of Republic Metals and in related litigation regarding the disputed ownership of refined metals.

DZ Bank, in connection with its receivables purchase facility, with respect to Pyxus International Inc., one of the world's largest tobacco suppliers, Chapter 11 prepackaged bankruptcy case.
Wilmington Trust, National Association, as second lien agent, with respect to the CCAA proceeding in Quebec and ancillary US Chapter 15 case in the District of Delaware of Cirque du Soleil, a Montreal-based entertainment company and the largest contemporary circus producer in the world.
GLAS USA LLC, as term loan agent to Chesapeake Energy Corporation, one of the largest energy and exploration companies in its Chapter 11 case in the Northern District of Texas.
Steering committee of first-lien noteholders to Techniplas LLC, a leading automotive component manufacturer, in connection with the company's Chapter 11 filing and ultimate successful sale of core assets for $110 million to the group.
Ad hoc group of term lenders to Libbey Inc., one of the world's largest table glass and stemware manufacturers, which filed Chapter 11 in the District of Delaware.

Equity Security Holders in the Southern District of New York bankruptcy of Lakeland Tours LLC (WorldStrides Travel).
HelpMeSee Inc., an eye surgery charity, in the Southern District of New York bankruptcy case of WonderWork, Inc; Litigation Trustee of WonderWork Inc.
Silverpeak Credit Partners as secured lender in connection with Chapter 7 case of Unity Envirotech in District of Delaware.
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.
Crocs Inc., in the Nevada bankruptcy case of USA Dawgs, Inc.
Term lenders and syndicate agent in Paragon Offshore Inc. Chapter 11 proceeding in Delaware.
Special Committee of Board of Directors of SFX Entertainment 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 NV.
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, a Chapter 11 debtor in Southern District of Florida bankruptcy case.
MidCap Financial Services in providing exit financing to Relativity Media in Southern District of New York bankruptcy case.
Joint Official Liquidators of SPhinX Funds in Chapter 15 cases in Southern District of New York.
Expert opinions 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 (St. Vincent's Catholic Medical Center, Restora, Johnson Memorial Medical Center, KidsPeace, St. Mary's Hospital, Caritas Healthcare, New York Westchester Square).
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.).