James T. Bentley
Of Counsel
James focuses his practice on corporate restructuring and represents numerous constituencies in bankruptcy and out-of-court workouts.
Key Matters
Some of the experience represented below may have been handled at a previous firm.
Secured Creditors
- Lender in out of court restructuring and debt for equity exchange of several television stations.
- Ad hoc group of secured creditors in the out of court restructuring and debt for equity exchange of a defense manufacturer.
- Ad hoc group of secured creditors in the out of court restructuring and debt for equity exchange of provider of full-service turnkey communications solutions, electrical infrastructure design and construction services company.
- Secured creditor in the foreclosure of a multi-state dental service organization.
- TPG Specialty Lending, Inc., in its capacity as ABL Agent, in Chapter 11 case of iHeartMedia, Inc., et al.
- Burford Capital in connection with its investment in litigation being prosecuted by Motors Liquidation Company Avoidance Action Trust, in Chapter 11 case of Motors Liquidation Company, f/k/a General Motors Corporation, et al.
- TRGP in connection with its investment in intellectual property claims prosecuted by plaintiff against major retailer.
- Group of lenders in connection with the out-of-court restructuring of EB Holdings II, Inc. bond debt.
- Black Diamond and Spectrum Investment as prepetition first lien lenders and DIP lenders in Chapter 11 case of Allied Systems Holdings Inc.
- Wells Fargo Capital Finance, as secured lender in Chapter 11 case of Oceanaire Restaurant Company.
- Group of secured lenders in connection with Chapter 11 case of Digital Domain Media Group, featuring a roll-up DIP and 363 sale to a strategic purchaser.
- Counsel to secured creditor regarding the negotiation of the consensual use of cash collateral for an oil and gas company in Chapter 11 case of Mahalo Energy (USA) Inc.
- Goldman Sachs Special Situations, as secured creditor regarding the negotiation of the consensual use of cash collateral and exit financing for an oil and gas company in Chapter 11 case of Osyka Corporation.
- Numerous other secured creditors in out-of-court asset foreclosure.
Unsecured Creditors and Equity Holders
- Ad hoc group of unsecured creditors in the Chapter 11 cases of Neiman Marcus Group Ltd. LLC, et al.
- Unsecured creditor in the Chapter 11 case of Bluestem Brands, Inc., et al.
- Ad hoc group of hospitals in the Chapter 11 cases of Purdue Pharma, L.P.
- Several utility bond holders in Chapter 11 cases of PG&E Corporation and Pacific Gas and Electric Company
- Ad hoc group of unsecured creditors in the Chapter 11 cases of Barneys New York, Inc.
- Panasonic Corporation of North America in the Chapter 11 cases of Dura Automotive Systems
- Member of creditors' committee in Chapter 11 cases of Caesars Entertainment Operating Company, Inc., et al.
- Chair of creditors' committee in Chapter 11 cases of Trump Entertainment Resorts, Inc., et al.
- Chair of creditors' committee in Chapter 11 cases of RIH Acquisitions NJ, LLC d/b/a The Atlantic Club Casino Hotel, et al.
- Panasonic Corporation of North America in Chapter 11 cases of TK Holdings, Inc., et al. (Takata).
- Member of creditors' committee in Chapter 11 cases of Angelica Corporation, et al.
- Multiemployer benefit plan and 401(k) savings plan as members of creditors' committee in Chapter 11 cases of HMX Acquisition, LLC, et al. (Hartmarx)
- Represented equity sponsor in out-of-court reorganization of global operations for manufacturer of sealing systems for automotive applications.
- Significant unsecured creditor and trade vendor in the negotiation of post-bankruptcy trade terms and claim settlement in Chapter 11 cases of Delphi Automotive, et al.
Distressed M&A
- Affiliates of Murray Energy Corporation in connection with their acquisition of mining complexes in Chapter 11 case of Mission Coal Company, LLC, et al.
- Group of second lien bondholders in their credit bid acquisition of the assets of the largest casual Mexican food restaurant chain in the United States in Chapter 11 case of Real Mex Restaurants, Inc.
- Albertsons Companies as purchaser in Chapter 11 cases of Haggen Holdings LLC et al.
- Group of secured lenders in their credit bid acquisition of several television stations in Chapter 11 case of Pappas Telecasting Inc.
- Fortress as secured creditor, DIP lender and credit bid buyer in Chapter 11 cases of Everything But Water.
- Fortress, as credit bid buyer of several radio stations in Chapter 11 cases of Millcreek Broadcasting et al.
- Numerous credit bidding acquisitions on behalf of secured creditors.
Health care
- National Health Care, Inc., as purchaser of skilled nursing facility and real property in Chapter 11 cases of Hebrew Health Care, Inc., et al.
- Primary Care Development Corporation, as seller of a health clinic in Chapter 11 case of Caritas Healthcare, Inc.
- Advise numerous clients on acquisitions, claims trading and financing of government receivables in the healthcare industry.
Debtors
- Counsel to the Debtors in the Chapter 11 cases of Fore Aero Holdings and its subsidiaries.
- Special Counsel to the debtors in Chapter 11 cases of Bertucci’s Holdings, et al.
- Counsel to the foreign representative in the Chapter 15 cases of Premium Point Master Mortgage Credit Fund, Ltd., Premium Point Offshore Mortgage Credit Fund, Ltd.; Premium Point ERISA Master Mortgage Credit Fund, Ltd.; Premium Point ERISA Offshore Mortgage Credit Fund, Ltd.; Premium Point Master New Issue Opportunity Fund, Ltd.; Premium Point Offshore New Issue Opportunity Fund, Ltd.; Premium Point Mini-Master New Issue Opportunity Fund, Ltd.; and PPI Acq, Ltd.
Litigation
- Defendant in connection with fraudulent transfer litigation in the SunEdison bankruptcy case.
- Wilmington Trust Co. in litigation to establish ownership of a $400 million tax refund for the bankruptcy estate in the Chapter 7 case of Downey Financial Corp.
- Directors and officers seeking stay relief to access proceeds of a D&O insurance policy in Chapter 11 case of Profile Technologies, Inc.
- Defended numerous creditors in preference and fraudulent transfer actions.
Various Structured Finance and Securities Transactions
- Albertsons Companies in the issuance and sale of $1.75 billion in convertible preferred equity of Albertsons Companies to a group of investors led by Apollo Global Management Inc.
- Counsel various parties in securitization and CMBS transactions. Provide advice in connection with bankruptcy-remote structures, true sale, nonconsolidation, and safe harbor opinions.
Pro Bono
- Represented individuals seeking hardship discharges of their student debt obligations for the New York City Bar Association’s Pro Bono & Legal Services Committee
- Coordinating attorney for task force of attorneys in partnership with CUNY Citizenship Now.
- Coordinating attorney for task force of attorneys in partnership with the Clemency Project.
- Counsel various indigent New Yorkers on behalf of the New York City Bankruptcy Assistance Project in connection with the preparation of Chapter 7 petitions.
- Represented individual in divorce by publication on behalf of Sanctuary for Families.