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. and Real Industry, Inc.; and the official equity security holders' committee in the Chapter 11 cases of Adeptus Health, Inc. and KIT digital, Inc.

Representation

Represent 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

Represent 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.

Represent 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 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

Education

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

Bar Admissions

New York
US District Courts for the Southern and Eastern Districts 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)