Ben Kahn

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.

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.

• 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 and 2011)
• Named among North Carolina's "Legal Elite" by Business North Carolina magazine for seven consecutive years (2006-2012)
• North Carolina "Super Lawyer" for Bankruptcy & Creditor/Debtor Rights Law (2007, 2008, 2009 and 2010)
• Voted by peers as one of Top 100 Super Lawyers in North Carolina 2010 and 2011
• 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

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)

• North Carolina Attorneys Honored as “Legal Elite”
  Nexsen Pruet is pleased to announce that eight of its attorneys have been named to Business North Carolina magazine’s “Legal Elite” list for 2012.
• 62 Attorneys Named to the 2012 Edition of Best Lawyers®
  Nexsen Pruet is proud to announce that 62 of its attorneys have been named to the 2012 edition of Best Lawyers®.
• Attorneys Recognized by North Carolina Super Lawyers®
  Nexsen Pruet is pleased to announce that nine attorneys from the firm’s Greensboro and Charlotte offices have been named to the 2011 list of North Carolina Super Lawyers®. Two attorneys are named as North Carolina “Rising Stars.”
• North Carolina Attorneys Named to “Legal Elite” List
  Harper Heckman and David Senter made the list in the Construction law category. Ben Kahn made the list for Bankruptcy law and Grainger Pierce is listed in the Employment law category.
• Fifty-nine Attorneys Selected for Best Lawyers in America®; Five Practice Areas Listed Among Top in the Carolinas
  Nexsen Pruet is proud to announce that 59 of its attorneys have been named to the 2011 edition of Best Lawyers®.
• Charlotte and Greensboro Attorneys Recognized by North Carolina Super Lawyers®
  Nine attorneys from the Charlotte and Greensboro offices of Nexsen Pruet have been named to the 2010 list of North Carolina Super Lawyers®. Four more attorneys are named as “North Carolina Rising Stars.”
• Two Nexsen Pruet Attorneys Top “Legal Elite” List; Five Recognized By Business North Carolina Magazine
  Five Nexsen Pruet attorneys have been listed in Business North Carolina magazine’s “Legal Elite.” The listings appear in magazine’s January 2010 issue.
• Fifty-eight Attorneys Selected for Best Lawyers in America®
  Fifty-eight Nexsen Pruet attorneys will be included in the 2010 edition of The Best Lawyers in America®.
• Eight Nexsen Pruet Attorneys Named Among North Carolina’s Super Lawyers®
  Greensboro – Eight attorneys in the Greensboro office of Nexsen Pruet, PLLC have been named to the 2009 list of North Carolina Super Lawyers®.
• Ten Nexsen Pruet Attorneys Named as "Legal Elite"
  Ten Nexsen Pruet attorneys have been named in Business North Carolina magazine’s “Legal Elite.”
• Nexsen Pruet Creates Distressed Property and Workout Practice Group
  The new group will provide clients the necessary resources, skills, and expertise needed to navigate issues that emerge during periods of economic and financial uncertainty.
• Seven Nexsen Pruet Attorneys Named Among North Carolina's "Super Lawyers"
• Seven Nexsen Pruet Attorneys Named Among North Carolina's "Super Lawyers"
• Ben Kahn Earns National Certification in Business and Consumer Bankruptcy Law
  Benjamin A. (Ben) Kahn, a Member (partner) in Nexsen Pruet Adams Kleemeier’s Greensboro office, has successfully completed the requirements for national certification in both business and consumer bankruptcy law.
• 6 Attorneys Named Among NC's "Legal Elite"
  Business North Carolina magazine has named six attorneys from Nexsen Pruet Adams Kleemeier’s Greensboro office to its “Legal Elite” listing, an honor bestowed by the publication on less than 5 percent of the state’s lawyers.
• Six Nexsen Pruet Attorneys Named Among North Carolina's "Legal Elite"
  Business North Carolina magazine has named Six attorneys from Nexsen Pruet Adams Kleemeier to its list of the profession's "Legal Elite," an honor bestowed by the publication on just 3 percent of the state’s lawyers.

• 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.

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

• Hot Topics for Troubled Times - Forbearance Agreements