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Bennett S. Silverberg

Bennett S. Silverberg

Bennett S. Silverberg

Partner

Bankruptcy & Corporate Restructuring

Bennett S. Silverberg

Partner

Bankruptcy & Corporate Restructuring

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 automotive, 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 Constar International Holdings LLC, Digital Domain Media Group, Inc. and CODA Automotive, Inc.; and the official equity security holders' committee in the Chapter 11 case of KIT digital, Inc.

REPRESENTATIVE MATTERS

  • Represent the Official Committee of Unsecured Creditors in the Chapter 11 case of Constar International Holdings LLC.
  • Represent the Official Committee of Equity Security Holders in the Chapter 11 case of KIT digital, Inc.
  • Represent the Official Committee of Unsecured Creditors in the Chapter 11 cases of CODA Automotive, Inc. and certain of its affiliates.
  • Represent 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 US 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.

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)

BAR ADMISSIONS

  • New York
  • US District Courts for the Southern and Eastern Districts of New York
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