For more than three decades, Ben Feder has focused his practice on bankruptcy and restructuring matters. He is appreciated by clients and colleagues alike for his extensive experience and legal acumen, outstanding negotiation and drafting skills, and creativity and effective advocacy when protecting and maximizing value for his clients.
Ben represents indenture trustees, bank lenders, debtors, bondholders, creditors’ committees and other parties in interest, in all phases of Chapter 11 and other cases under the Bankruptcy Code, in U.S. and foreign workouts, and in out-of-court restructurings. Much of his work centers on distressed M&A transactions, representing purchasers in the acquisition of troubled companies. Ben has also appeared pro hac vice in bankruptcy cases in jurisdictions throughout the United States.
Whether Ben is working with a company facing financial challenges, a major creditor of a troubled business, or an investor seeking to buy a distressed enterprise or select assets, his commitment and perseverance to each client’s objectives benefit those he serves.
In December 2014, Ben completed the comprehensive ABI/St. John’s 40 Hour Bankruptcy Mediation Training program, and was accepted onto the official panel of mediators for the Southern District of New York, the Eastern District of New York, and the District of Delaware.
From 1995–1998, Ben was a founder and principal member of Westchester Brewing Company. Earlier in his career, Ben served as a law clerk to the Honorable Cecelia H. Goetz in the U.S. Bankruptcy Court for the Eastern District of New York.
Ben is the primary author of the Kelley Drye’s bankruptcy blog, and he creates and distributes the firm’s Distressed M&A Opportunities Report.
Distressed M&A Purchasers
Oreck Corporation; 667 East 34th Street Owners Corporation; AE&E; Amagansett Family Farm; Ambassador Eyewear; Asia Global Crossing (the first acquisition by a Chinese company of assets in a U.S. Chapter 11 case); Broadway Trading; Compass Learning; Pappas Telecasting; Pillowtex; Pocket Communications; Stone & Webster; and Telergy.
Indenture Trustees
Arch Coal; American Eagle Energy; Caesars Entertainment Operating Corporation; Energy Future Holdings; General Motors; iHeart Communications; Nebraska Books; Midstates Petroleum; Motorcoach Industries; Reichhold Industries; Residential Capital; Vanguard Resources; and Warren Resources.
Debtors
Barzel Industries; Contessa Premium Foods; Delphi; SGL Carbon; U.S. Datanet; and Winstar.
Pre-Petition Lenders
Al Copeland Enterprises (Popeye’s Famous Fried Chicken); Ames Department Stores; Cabrini Medical Center; Owens Corning; Quality Stores; R.H. Macy & Co.; and Radnor Holdings.
DIP Financing Lenders
AMF; Niagara Frontier Hockey (Buffalo Sabres); MicroAge; and Stage Stores.
International Restructurings
Afen (UK); Catalyst Paper (Canada); Lightstream Resources (Canada); Ocean Rig (Cayman Islands); Telewest Communications (UK), TPI Polene (Thailand); and Sociedad Commercial del Plata (Argentina).
Other Significant Creditor Representations
Nortel; Hawker Beechcraft; Magna Entertainment Corporation; and Visteon Corporation.
Retail Manufacturing/Distribution Deal of the Year (Sale of Oreck Corporation to Royal Appliance Manufacturing Co.), The M&A Advisor, 2014
Legal Aid Society Pro Bono Award, 2004
American Bankruptcy Institute
Turnaround Management Association’s The Journal of Corporate Renewal, editorial advisory board, 2011.