Ben Kahn

Member
Greensboro, North Carolina
(T) 336.373.1600
(F) 336.387.8920
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Practices
Practices

Benjamin Kahn focuses his practice is the areas of bankruptcy law and commercial litigation. Mr. Kahn is certified as a Specialist in Business and Consumer Bankruptcy Law by the American Board of Certification and by the Board of Legal Specialization of the North Carolina State Bar.

Mr. Kahn has represented creditors' committees, individual secured and unsecured creditors, guarantors, lessors, debtors, trustees, and others in numerous bankruptcy cases under Chapters 7, 11, 12 and 13 of the United States Bankruptcy Code in the Western, Middle, and Eastern Districts of North Carolina and other jurisdictions including Delaware, the Southern District of New York, South Carolina, and Mississippi.

Career Highlights
Career Highlights
  • Board Certified Specialist in Business and Consumer Bankruptcy - American Board of Certification and North Carolina State Bar Board of Legal Specialization
  • Selected for "Best Lawyers in America" in Bankruptcy and Creditor-Debtor Rights Law (2010)
  • Named among North Carolina's "Legal Elite" by Business North Carolina (2006, 2007, 2008, 2009 and 2010)
  • North Carolina "Super Lawyer" for Bankruptcy & Creditor/Debtor Rights Law (2007, 2008, 2009 and 2010)
  • Named by peers as one of Top 100 Super Lawyers in North Carolina 2010
  • U.S. Bankruptcy Court, Middle District of North Carolina, Honorable Jerry G. Tart, Chief Judge, Law Clerk
  • U.S. Bankruptcy Court, Middle District of North Carolina, Honorable Catharine R. Carruthers, Law Clerk
  • U.S. Bankruptcy Court, Middle District of North Carolina, Local Rules Committee Member
  • North Carolina Bar Foundation - Course Planner for the 21st Annual Bankruptcy Institute
  • North Carolina Bar Association Bankruptcy Section Council - Strategic Planning Subcommittee, Bankruptcy Manual Contributing Author, Section Secretary (2002-2003)
  • Co-Chair, Middle District Bankruptcy Seminar
Representative Matters

Carolina Blue Enterprises, Inc. (representation of primary creditor/franchisor of restaurant chain)

JA Jones (bankruptcy counsel for co-surety and various creditors)

SEC vs. Elfindepan, S.A. et al. (attorney for SEC receiver)

Foster Utilities, Inc. (representation of surety)

Travelers Inns of Charlotte, Inc. (representation of Special Servicer for primary secured lender)

Convenience USA (representation of creditor, lessor and guarantor group)

FAMCO, Inc. (representation of creditors' committee)

Midway Airlines (representation of commercial lessor of large equipment and representing Chapter 7 Trustee)

PSINet.com, Inc. (representation of advertising agency creditor)

US Mortgage (representation of owner of serviced loans)

News
News

Publications
Publications
  • "Unforgiving Mistakes: Beaman v. Head and Its Progeny"
    October 2009-Recently, there has been a spate of bankruptcy decisions in the Eastern District of North Carolina involving real estate documentation errors. This article looks at Beaman v. Head and the cases that followed in its wake. What lesson is there to learn? Real estate documentation mistakes can be unforgiving and incurable in bankruptcy.
Presentations
  • An Overview of Chapter 11 for the Non-Bankruptcy Lawyer, North Carolina Bar Association, September 2009
  • Homebuilder/Construction Bankruptcies and Lien Issues, 31st North Carolina Bar Association Bankruptcy Institute, 2008 
  • Someone Filed Bankruptcy?  No Problem, I'm a Construction Lawyer, North Carolina and South Carolina Bar Association Annual Construction Seminar, Wild Dunes, South Carolina, 2007
  • Various Issues Related to the Treatment of Non-Residential Real Estate Leases in Bankruptcy, Including BAPCPA Revisions, 28th Annual Middle District Bankruptcy Seminar, May, 2007. 
  • Panelist, The Three Deadly D's-- Disclosure, Disinterestedness & Disgorgement: How to Get What You Earned and Keep What You Got!, American Bankruptcy Institute Spring Seminar and Annual Meeting, Washington, DC, 2006
  • Local Rules Update, Twenty-Seventh Annual Middle District Bankruptcy Seminar, 2006
  • Allowance, Payment and Disgorgement of Professional Fees in Administratively Insolvent Chapter 11 Cases, 29th North Carolina Bar Association Bankruptcy Institute, 2006 
  • Enforceability of Covenants Against Competition in the North Carolina Bankruptcy Courts, 28th North Carolina Bar Association Bankruptcy Institute, 2005
  • Ethics -- The Engagement and Retention of a Client, 23rd North Carolina Bar Association Bankruptcy Institute, 2000
  • Ethical Considerations in Bankruptcy, Twenty-First Annual Middle District Bankruptcy Seminar, 2000
  • Case Update, Eighteenth Annual Middle District Bankruptcy Seminar, 1997
  • Case Update, Seventeenth Annual Middle District Bankruptcy Seminar, 1996

Education
Education
  • University of North Carolina at Chapel Hill, B.A., 1990
  • University of North Carolina at Chapel Hill, J.D., with honors, 1993
Bar & Court Admissions
Bar & Court Admissions
  • North Carolina
  • U.S. District Court Western District of North Carolina
  • U.S. District Court Middle District of North Carolina
  • U.S. District Court Eastern District of North Carolina
  • U.S. Court of Appeals 4th Circuit
Civic & Professional Memberships
Civic & Professional Memberships
  • Board of Directors American Board of Certification
  • American Bar Association
  • Greensboro Bar Association
  • North Carolina Bar Association
  • American Bankruptcy Institute
  • Beth David Synagogue (Vice President and member of Board of Trustees)
  • Greensboro Jewish Federation (Board of Trustees)