Benjamin is a leader in New Orleans in the fields of corporate bankruptcy and commercial law, which is demonstrated by his Best Lawyers (2019-2022) recognition, his Chambers and Partners USA Guide ranking (2017-2022), his Super Lawyers (2021-2022) and Super Lawyers' Rising Star recognition (2014-2019), a 'New Orleans Magazine' Top Lawyer (2014-2021), and a recipient of an AV Preeminent rating by Martindale-Hubbell.

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Benjamin W. Kadden


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Biography

From our New Orleans office, Benjamin focuses on several practice areas including bankruptcy, restructuring, and creditors’ rights; corporate and commercial law, mergers and acquisitions; litigation; and asset-based finance. After graduating from Louisiana State University in 2002, Benjamin earned his law degree from Tulane University Law School in 2005. During law school, he served as a judicial clerk for the Honorable Magistrate Judge Alma Chasez, United States District Court for the Eastern District of Louisiana (2004-2005), and as a volunteer clerk for the Honorable Judge Sarah Vance, United States District Court for the Eastern District of Louisiana (2003).

Some of the Chapter 11 proceedings where Benjamin acted as debtor’s counsel include Gulf Fleet Holdings, Inc., East Cameron Partners, L.P., and Bender Shipbuilding & Repair Co. He has also served as counsel for various official committees of unsecured creditors, including acting as lead counsel in the Chapter 11 Bankruptcy Cases of JAB Energy Solutions II, LLC, Burkhalter Rigging, Inc., Midway Oilfield Constructors, Inc., Whistler Energy II, LLC, Saratoga Resources, Inc., A&B Valve and Piping Systems, L.L.C., Graham Gulf, Inc., and Virgin Oil Company, Inc., and as special counsel to the Official Committee of Unsecured Creditors in the Trico Marine bankruptcy.

Benjamin has also actively participated in a number of merger and acquisition transactions pertaining to numerous businesses based in the Gulf Coast, with a focus upon representation of non-public buyers and sellers in equity and asset sales. Because of his experience in complex Chapter 11 bankruptcy cases, Benjamin has direct experience and knowledge regarding the purchase or sale of assets by distressed companies, including navigating the process while a buyer or seller is in bankruptcy.

In addition to his private practice, Benjamin is a Past-Chair of the Lousiana State Bar Association's Bankruptcy Section and regularly provides pro bono services for the Propeller Network, which efforts were recognized by the Louisiana State Bar Association in 2015 by his receipt of the Pro Bono Publico Award.  

Benjamin is recognized in Best Lawyers (2019-2022), listed in the Chambers and Partners USA Guide (2017-2022) in Bankruptcy/Restructuring, recognized by Super Lawyers (2021-2022) and Super Lawyers' Rising Star (2014-2019), and a Top Lawyer by New Orleans Magazine in Bankruptcy and Insolvency and Reorganization Law (2014-2022). Benjamin also enjoys an AV Preeminent Rating by Martindale-Hubbel.

Presentations

  • "The Rumble in the Bankruptcy Jungle: Avoiding an Ethical TKO in Bankruptcy Court" - Co-presenter, Benjamin Kadden, 28th Annual Baton Rouge Bankruptcy Law Conference, Baton Rouge, Louisiana, November 9, 2022
  • “It’s Not Easy Being Green: Ethical Pitfalls for Bankruptcy Novices” – Presented by Hon. Meredith S. Grabill, U.S. Bankruptcy Court; Eastern District of LA., Benjamin W. Kadden and Ashley L. Belleau of Lugenbuhl, Bankruptcy Law Webinar Part II, New Orleans, Louisiana, April 20, 2022
  • “Bankruptcy Issues in the Oil & Gas Industry” - Co-panelist, Benjamin W. Kadden, Professional Landmen’s Association of New Orleans Executive Night & Seminar, New Orleans, Louisiana, February 23, 2022
  • "Equitable Mootness & Other Post-Confirmation Issues (Including Litigation Trusts And Burdens Of Proof On Fraudulent Transfer Adversaries, Etc.) " - Co-panelist, Benjamin W. Kadden, Fifth Circuit Bankruptcy Bench-Bar Conference, New Orleans, Louisiana, February 2-4, 2022
  • "Hot Topics and Future of Chapter 11 in Louisiana" - Co-presented by the Hon. John W. Kolwe, Michael Crawford of Taylor Porter Brooks & Phillips, Laura Ashley of Jones Walker, and Benjamin W. Kadden and James Thurman of Lugenbuhl at Louisiana State University Law Center's 27th Annual Bankruptcy Law Conference in Baton Rouge, Louisiana on December 1, 2021
  • "Oil & Gas Distress: Price and Quantity Considerations beyond COVID-19” – Co-presenter, Benjamin W. Kadden, Turnaround Management Association (TMA) Virtual Town Hall Series: Leading Through Crisis, New Orleans, Louisiana, May 20, 2020 
  • "Insight for the Implications of the Oil & Gas Industry as a Result of the COVID-19 Epidemic” – Co-presenter, Benjamin W. Kadden, Louisiana Financial Executive Group (Louisiana FEG) Virtual Weekly Town Hall Series, New Orleans, Louisiana, May 19, 2020 
  • "Effects of Insolvency on Maritime Transactions and Rights" - Presented by Benjamin Kadden and Delos Flint, Jr., 2019 Southeastern Admiralty Law Institute Seminar (SEALI), New Orleans, Louisiana, June 27, 2019
  • "What One Court Giveth, Another Court Taketh Away: Recent Decisions Relating To The Breadth Of Protections Afforded To Claimants Under The Louisiana Oil Well Lien Act" - Presented by Benjamin Kadden, 66th Annual Mineral Law Institute, Baton Rouge, Louisiana, March 15, 2019
  • "Are You Distressed? Chapter 11 Bankruptcy Counseling For Non-Bankruptcy Attorneys" - Presented by Benjamin Kadden and Meredith Grabill, 2018 Procrastinators' Programs, New Orleans, Louisiana, December 19, 2018
  • "Creating and Sustaining a Culture of Service Excellence Through Effective Recruiting and Retention" - Presented by Benjamin Kadden and co-panelists at TAG Alliances Spring International Conference in Barcelona, Spain, on May 3, 2018 
  • "Professionalism - A Judge's View; Lawyer Commentary (The Judge's View Counts)' - Co-presented by the Hon. John W. Kolwe and Benjamin W. Kadden at Louisiana State University Law Center's 23rd Annual Bankruptcy Law Seminar, on November 2, 2017
  • "U.S. Retailers Restructuring: How are Lenders and Property Managers Responding"- Presented by Benjamin Kadden and co-panelists to the Turnaround Management Association, Louisiana Chapter, on March 7, 2017
  • "Financing Debt and Equity: Overcoming Obstacles" and "Top Mistakes Made During an Acquisition and How to Avoid Them" - Co-presented by Benjamin Kadden and Stewart Peck at the National Business Institutes' program entitled "Buying and Selling a Business: Start-to-Finish," December 9, 2016
  • "Drilling Deeper into the Significance of Louisiana Oil Well Liens in Energy-Related Bankruptcies" - Presented by Benjamin Kadden and the Honorable Bankruptcy Judge Marvin Isgur at the University of Texas School of Law's 35th Annual Jay L. Westbrook Bankruptcy Conference, November 17, 2016
  • "Oil and Gas Industry Issues" - Presented by Benjamin Kadden at the Louisiana State University Law Center's 22nd Annual Bankruptcy Law Seminar, October 7, 2016
  • "Tips for Avoiding a Dry Hole in an Oil & Gas Bankruptcy: an ATP Case Study" - Co-presented by Benjamin Kadden, Robin Cheatham, Mark Mintz, P.J. Goodwine and Michael Rubenstein, October 15, 2015
  • “The “B” Word: Bankruptcy Primer for Offshore Marine Services Companies" - Co-presented by Benjamin W. Kadden and  Stewart F. Peck to the Offshore Marine Service Association on November 19, 2009
  • “Taking Advantage of the Louisiana Oil Well Lien Act (LOWLA)" - Co-presented by Benjamin W. Kadden and Stewart F. Peck, July 10, 2009
  • “Recent Developments in Bankruptcy: An Analysis of Bankruptcy Issues in 2008” - Co-presented by Benjamin W. Kadden and Stewart F. Peck, December 30, 2008

Publications

  • "Navigating Bankrupt Seas - For the Benefit of Maritime Operators," Southeastern Admiralty Law Institute, with Delos Flint, Jr., 2019
  • "What One Court Giveth; Another Court Taketh Away: Understanding LOWLA and the Impact of Recent Decisions on the Breadth of the Protections Afforded to Claimants by the Louisiana Legislature," Mineral Law Institute Papers, with Meredith S. Grabill, 2019 
  • “Local Bankruptcy Rules: Louisiana (E.D. La.),” Practical Law Practice Bankruptcy & Restructuring, with Meredith S. Grabill, 2018

Significant Chapter 11 Bankruptcy & Creditor Matters

  • Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of JAB Energy Solutions II, LLC, et al., United States Bankruptcy Court, District of Delaware
  • Co-counsel for the DIP Lenders and an ad hoc group of the Debtors’ (i) 10.50% senior secured priming notes due 2025; (ii) 6.75% senior secured notes due 2025; (iii) Euro floating rate senior secured notes due 2025; and (iv) 11.50% senior secured notes due 2026 in the Bankruptcy Case of Carlson Travel, Inc., et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
  • Co-counsel for Atlantic Maritime Services, LLC in connection with the filing, preservation, and enforcement of statutory lien rights under the Louisiana Oil Well Lien Act in the Bankruptcy Case of Fieldwood Energy, LLC, et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
  • Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Burkhalter Rigging, Inc., et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
  • Co-counsel for Wilmington Savings Fund Society, FSB (WSFS), in its capacity as Trustee under that certain (i) Indenture, dated as of May 27, 1998, among The Neiman Marcus Group LLC (f/k/a The Neiman Marcus Group, Inc.), as issuer, and Neiman Marcus Group LTD Inc. (f/k/a Neiman Marcus, Inc.), as guarantor, (ii) First Supplemental Indenture, dated as of July 11, 2006, (iii) Second Supplemental Indenture, dated as of August 14, 2006, and (iv) Third Supplemental Indenture, dated as of June 7, 2019, for the 7.125% Senior Debentures due 2028 in the bankruptcy case of Neiman Marcus Group LTD LLC, et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
  • Lead Counsel for Kenneth Lefoldt, the Liquidating Trustee, in connection with post-confirmation litigation following confirmation of the Plan in COPsync, Inc., et al., United States Bankruptcy Court, Eastern District Louisiana
  • Special Counsel for the Debtors, in connection with efforts by the Debtors, in the Bankruptcy Case of Seadrill Partners, LLC, et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
  • Co-counsel for the initial DIP Lender and Stalking Horse Bidder, Hartree Partners, L.P. in the Bankruptcy Case of Bouchard Transportation Co., et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
  • Co-counsel for an Ad Hoc Group of Holders of FTS International, Inc.’s 6.25% Senior Secured Notes Due 2022 in the Bankruptcy Case of FTS International, Inc., et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
  • Lead Counsel for Orion Drilling Company, LLC in connection with a workout and restructuring of its indebtedness, United States Bankruptcy Court, Southern District of Texas
  • Lead Counsel for CRG Financial, LLC in connection with the investigation, diligence, and acquisition of multiple secured claims held by a significant creditor in the Bankruptcy Case of MTE Holdings, LLC, et al., United States Bankruptcy Court, DE
  • Counsel for Gulf Fleet Holdings, Inc., as well as 10 of its subsidiaries and affiliates in Chapter 11 with over $100,000,000 in assets and approximately $65,000,000 in claims, Western District of Louisiana, Lafayette Division
  • Debtor’s Counsel for Bender Shipbuilding & Repair Co., Inc. in Chapter 11 with over $100,000,000 in assets and $100,000,000 in claims, Southern District of Alabama
  • Debtor’s Counsel for East Cameron Partners, LP in Chapter 11 proceeding with assets of over $100,000,000 and debt of approximately $185,000,000, Western District of Louisiana, Lafayette Division
  • Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Burkhalter Rigging, Inc., et al., and certain affiliates, Southern District of Texas, Houston Division
  • Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Midway Oilfield Constructors, Inc., et al., Southern District of Texas, Houston Division
  • Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Whistler Energy II, LLC, et al., Eastern District of Louisiana
  • Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Cases of Saratoga Resources, Inc., Harvest Oil & Gas, LLC, et al., Western District of Louisiana, Lafayette Division
  • Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of A&B Valve and Piping Systems, LLC, et al., Western District of Louisiana, Lafayette Division
  • Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Graham Gulf, Inc., et al., Southern District of Alabama
  • Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Virgin Oil Company, Inc., et al., Eastern District of Louisiana
  • Special Counsel for the Unsecured Creditors’ Committee in the Chapter 11 Bankruptcy Case of The Trico Marine Group, et al., District of Delaware
  • Counsel for Citicorp North America, Inc. in the foreclosure of Oakwood Mall, a shopping mall in metropolitan New Orleans

Significant M&A Transactions

  • Represented Trinity Yachts, LLC, TY Offshore and certain affiliates in the formation and consolidation of assets and operations in the Gulf Coast Shipyard Group, as well as the subsequent equity investment by Littlejohn & Co., LLC, a private investment firm
  • Participated in the sale of the marine assets of Gulf Fleet Holdings, Inc., et al. for an amount exceeding $26,000,000 in connection with their pending Chapter 11 Bankruptcy Cases
  • Participated in the sale of assets of Bender Shipbuilding & Repair Co., Inc. for an amount exceeding $40,000,000 in connection with its pending Chapter 11 Bankruptcy Case
  • Represented a non-public seller in the sale of assets with an approximate value of $10,000,000
  • Represented shareholders of Rigdon Marine Corporation in sale of stock to and assumption of debt by GulfMark Offshore Corporation
  • Represented a non-public seller in the sale of marine assets with an approximate value of $80,000,000
  • Represented a non-public seller in the sale of marine assets with an approximate value of $35,000,000 

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