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 in 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. He is also a Certified Mediator by the North Carolina Dispute Resolution Commission.

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
  • Elected as Conferee to the National Bankruptcy Conference
  • Certified Mediator - North Carolina Dispute Resolution Commission
  • Board Certified Specialist in Business and Consumer Bankruptcy - American Board of Certification and North Carolina State Bar Board of Legal Specialization
  • Recognized in Chambers and Partners USA as Leading Individual in Bankruptcy/Restructuring 2012
  • Voted by peers as one of the Top 10 "Super Lawyers" in North Carolina in 2013, receiving the third highest point total of all lawyers across all practice areas
  • North Carolina "Super Lawyer" for Bankruptcy & Creditor/Debtor Rights Law (2007-2013)
  • Voted by peers as one of Top 100 "Super Lawyers" in North Carolina (2010-2013)
  • Selected for "Best Lawyers in America" in Bankruptcy and Creditor-Debtor Rights Law (2010-2013)
  • Named among North Carolina's "Legal Elite" by Business North Carolina magazine for eight consecutive years (2006-2013)
  • 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. Aron, Law Clerk
  • U.S. Bankruptcy Court, Middle District of North Carolina, Local Rules Committee Member
  • North Carolina Bar Foundation - Course Planner for the 26th Annual Bankruptcy Institute
  • North Carolina Bar Association Bankruptcy Section Council - Strategic Planning Subcommittee, Bankruptcy Manual Contributing Author, Section Secretary (2002-2003)
  • President, 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
  • Single Real Estate Asset - Some Basic Concepts and Current Issues
    With the uncertain and difficult times, we are seeing more and more failures with land development projects. Many of these developments qualify as single asset real estate (“SARE”). In 2005, Congress amended the United States Bankruptcy Code (the “Code”) to provide for certain specific treatment and provisions with respect to SARE. This talk is intended as an introduction to some issues arising out of SARE cases. This is not intended as a comprehensive discussion of the myriad issues that may arise in SARE cases, and, as is always the case in any Chapter 11 bankruptcy filing, qualified bankruptcy counsel should be consulted.
  • Forbearance Agreements
    Given the current economic conditions, creditors repeatedly are faced with the decision whether to foreclose upon or to repossess collateral that may or may not be readily convertible into proceeds, or to enter forbearance agreements with their borrowers in what frequently amounts to last-ditch efforts to see if the borrower might improve its business to the point that repayment of the obligation becomes a viable option. With many forbearance agreements being followed up by bankruptcy petitions, there are a number of considerations that lenders should have in mind when considering and drafting forbearance agreements. This webinar is intended to be a short overview of some of the central bankruptcy considerations in drafting forbearance agreements. It is not intended as a comprehensive analysis of all issues that may arise in the context of pre-bankruptcy work-outs or complex forbearance agreements. As with any debtor/creditor documents, parties should consult counsel.
  • "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
  • Chapter 11 Bankruptcy: A Panel Discussion Regarding Valuation, the Head Grading Case, and Dirt for Debt, NC Creditors Bar Association, January 11, 2013

  • North Carolina Foreclosure and Lien Cases Since 2011, Eastern Bankruptcy Institute, June 1, 2012

  • Dirt for Debt; 32nd Annual Middle District Bankruptcy Seminar, April 29th, 2011

  • Expert Witnesses (Not Just a Smart Guy from Out of Town) and What is the Basis of a Valuation Opinion, 34th Annual North Carolina Bar Association Bankruptcy Institute, November 18, 2011

  • Perfection & Enforcement of Materialmen's & Subcontractor Liens in Bankruptcy, 31st Annual Middle District Bankruptcy Seminar, June 14th, 2010
  • 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

Events
Events
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
  • National Bankruptcy Conference
  • Board of Directors American Board of Certification
  • 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 2007-2012