Ben brings a creative, no-nonsense approach to achieving business objectives for equipment finance organizations, secured creditors, statutory and judgment lienholders, banks, asset buyers, real property lessors, lenders, servicers, receivers, trustees, creditor committees, and trade creditors.
Overview
Clients appreciate Ben's experience and deep industry knowledge involving personal property leasing, bankruptcy and restructuring matters, secured finance, distressed asset acquisitions and workout scenarios, lien and judgment enforcement situations, insolvency proceedings, and complex financial services litigation. With an insider's understanding of the business and jargon, he quickly assesses challenging financial situations, analyzes risks, and plots a course for stability in inherently unstable markets.
Ben is particularly focused on representing equipment leasing and finance organizations. He is well-versed in Articles 2A and 9 of the Uniform Commercial Code. He has documented numerous lease and loan transactions for captive, bank-affiliated and independent equipment finance companies and has successfully enforced their rights in lawsuits, mediations, arbitrations, and bankruptcy and restructuring proceedings.
Experience
Routinely advises lenders, creditors, servicers and committees in Chapter 7, 11 and 12 bankruptcies.
Serves as outside counsel for a number of agribusiness lenders in the United States, providing practical advice regarding workouts, foreclosures, enforcement matters, secured transactions and intercreditor relationships.
Successfully represented the main secured creditor in contested receivership litigation involving the liquidation and sale of the assets of a specialty manufacturing company.
Regularly defends lenders and servicers in a wide variety of contested matters, including claims of wrongful foreclosure, fraud, and breach of contract, as well as alleged violations of RESPA, TILA, FCRA, TCPA, FDCPA, and other consumer protection laws.
Represented receiver in sale of distressed medical business, handling numerous litigated employment, regulatory, and lien priority disputes.
Advisor to equipment lessors in connection with financial transactions covering a wide variety of assets and industries, including technology, agriculture, industrial/manufacturing, transportation, construction, medical, government and energy.
Practices & Industries
Admissions
- Minnesota
- North Dakota
- Wisconsin
- U.S. District Court for the District of Minnesota
- U.S. Bankruptcy Court for the District of Minnesota
- U.S. District Court for the District of North Dakota
- U.S. Bankruptcy Court for the District of North Dakota
- U.S. District Court for the Western District of Wisconsin
- U.S. District Court for the Eastern District of Wisconsin
- U.S. Bankruptcy Court for the Western District of Wisconsin
- U.S. Bankruptcy Court for the Eastern District of Wisconsin
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Court for the District of Nebraska
- U.S. District Court for the District of Colorado
- U.S. Bankruptcy Court for the District of Colorado
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Southern District of Illinois
- U.S. Bankruptcy Court for the Northern District of Illinois
- U.S. Bankruptcy Court for the Central District of Illinois
- U.S. Bankruptcy Court for the Southern District of Illinois
- U.S. Bankruptcy Court for the District of Delaware
- U.S. Bankruptcy Court for the District of Iowa
Education
University of Minnesota Law School, J.D.
University of Minnesota, B.A., summa cum laude
