AREA OF PRACTICE

Bankruptcy & Corporate Restructuring

Biography

Bennett Silverberg has significant experience representing debtors and creditors in Chapter 11 reorganization cases and out-of-court restructurings. His engagements have ranged across a wide array of industries, including retail, automotive, education, food, manufacturing, real estate, lending, media, technology, and telecommunications.

Cases on which Bennett has worked include Chapter 11 debtor representations of CIT Group, Inc., Hayes-Lemmerz International, Inc., Blue Bird Bus Company, Safety-Kleen Systems, Inc., Russell-Stanley Holdings, Inc., Refco, Inc., Radio Unica Communications, Corp., VF Brands, Inc. (a/k/a Vlasic and Swanson Foods), RCN Corp., PTC Alliance Corp. and American Banknote Corp.; the official creditors' committees in the Chapter 11 cases of Chellino Crane, Inc., Constar International Holdings LLC, Boomerang Tube LLC, CODA Automotive, Inc., Corinthian Colleges, Inc., Digital Domain Media Group, Inc., Real Industry, Inc., BeavEx, Inc., Vector Launch, Legacy Reserves LP, Ultra Petroleum Corp., and Chesapeake Energy Corporation; and the official equity security holders' committee in the Chapter 11 cases of Adeptus Health, Inc. and KIT digital, Inc.

Awards

Representation

Representing the Official Committee of Unsecured Creditors in the Chapter 11 case of Chesapeake Energy Corporation.

Representing the Official Committee of Unsecured Creditors in the Chapter 11 case of Ultra Petroleum Corp.

Represented the Ad Hoc Group of Noteholders in the Chapter 11 case of McDermott International.

Representing Craig Forman in his capacity as CEO of McClatchy Co during its Chapter 11 case.

Representing the Official Committee of Unsecured Creditors in the Chapter 11 case of Vector Launch Inc.

Represented the Official Committee of Unsecured Creditors in the Chapter 11 case of Legacy Reserves LP.

Represented the Official Committee of Unsecured Creditors in the Chapter 11 case of BeavEx, Inc.

Represented the Official Committee of Unsecured Creditors in the Chapter 11 Case of Hooper Holmes, Inc.

Represented the Official Committee of Unsecured Creditors in the Chapter 11 case of Real Industry, Inc.

Represented the Official Committee of Equity Security Holders in the Chapter 11 case of Adeptus Health Inc.

Represented the Official Committee of Unsecured Creditors in the Chapter 11 case of Chellino Crane, Inc.

Represented Essex Rental Corp. (Nasdaq: ESSX) in its sale of Coast Crane Company, a provider of crane rental and related lift solutions, to Maxim Crane Works, LP, a portfolio company of Apollo Global Management.

Represented Essex Crane Rental Corp., a provider of crane rental and related lift solutions, in its sale of assets through UCC foreclosure and auction to Maxim Crane Works, LP, a portfolio company of Apollo Global Management.

Represented Essex Rental Corp. in its acquisition of Coast Crane Company, a regional crane rental company, in a Section 363 bankruptcy sale.

Represented the Term Loan Lenders and Term Loan Agent in the Chapter 11 case of The Sports Authority.

Represented the Ad Hoc Committee of Equity Security Holders in the Chapter 11 case of Bonanza Creek Energy Corporation.

Represented the Official Committee of Unsecured Creditors in the Chapter 11 case of Boomerang Tube LLC.

Represented the Official Committee of Unsecured Creditors in the Chapter 11 case of Corinthian Colleges, Inc.

Represented the Official Committee of Unsecured Creditors in the Chapter 11 case of Constar International Holdings LLC.

Represented the Official Committee of Equity Security Holders in the Chapter 11 case of KIT digital, Inc.

Represented the Official Committee of Unsecured Creditors in the Chapter 11 cases of CODA Automotive, Inc. and certain of its affiliates.

Represented the Official Committee of Unsecured Creditors in the Chapter 11 cases of Digital Domain Media Group, Inc. and certain of its affiliates.

Represented PTC Alliance Corp. and certain of its affiliates in connection with their Chapter 11 cases. Successfully obtained court approval of sale of substantially all assets of the debtors to funds managed by Black Diamond Capital Management pursuant to a credit bid over strident objections by minority lenders.

Represented Mistral Equity Partners in connection with the Chapter 11 case of its portfolio company, Orval Kent Food Co. Successfully obtained court approval of sale of substantially all assets of the debtors pursuant to a credit bid submitted by a joint venture of Mistral Equity Partners and Reser’s Fine Foods.

Represented a private equity firm in connection with the disposition of its national consumer retailer portfolio company pursuant to a UCC Article 9 foreclosure sale.

Advised U.S. and international clients regarding bankruptcy issues, including the treatment of real property leases and intellectual property licenses and cross border insolvency issues.

Represented client in connection with the acquisition of claims and other indirect interests in Bernard L. Madoff Investment Securities LLC (BLMIS) liquidation.

Education

Brooklyn Law School – J.D., cum laude, 2000
Johns Hopkins University – B.A., 1997

Bar Admissions

New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
Publications
Co-author, "Developing Best Practices When Bitcoin is Collateral," The Secured Lender, Vol. 70, Issue 2 (February 14, 2014)
Co-author, “Conflicting Decisions Cause Uncertainty (and Opportunity) in Confirming Plans in Multi-Debtor Cases," Bloomberg Real Estate Law and Industry Report (February 19, 2013)
Co-author, "Now You See It, Now You Don't: Imprecise Claim Preservation Leads to Evaporating Value," Pratt's Journal of Bankruptcy Law, Vol. 7, No. 5 (July/August 2011)
Co-author, "Sponsor Directed Secured Claim § 363(k) Cram Down Credit Bidding: The New Thermonuclear Bankruptcy M&A Strategic Weapon," Bloomberg Law Reports - Bankruptcy Law, Vol. 5, No. 3 (January 2011)
Awards and Honors
Selected by his peers for inclusion in The Best Lawyers in America© in the field of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law (2020-2021)