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Partner
Bankruptcy, Restructuring & Creditors' Rights Practice
Richmond
(804) 788-8479 Phone
(804) 788-8218 Fax
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| Practices |
Bankruptcy,
Restructuring &
Creditors' Rights
Corporate
Restructuring and
Insolvency
Litigation
Telecommunications
Troubled and
Defaulted Bond
Issues
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Practice focuses on bankruptcy and creditors' rights, commercial litigation, construction litigation including mechanics’ liens and Miller Act claims, counseling clients concerning the Bankruptcy Code, the Uniform Commercial Code, real property, landlord/tenant, insolvency and loan workout issues and extensive litigation experience in state and federal courts with emphasis on representing parties in bankruptcy, debt restructuring and out of court workouts.
Relevant Experience 
- Represented the indenture trustee in a workout of the defaulted bonds of a private university.
- Represented a major mutual fund as bondholder in successfully enjoining a tender offer under the Trust Indenture Act.
- Represented a NYSE company as debtor in its winding up under Chapter 11 of the Bankruptcy Code.
- Represented the directors of a publicly-held corporation in defeating a fraudulent conveyance/breach of fiduciary duty suit arising out of a failed leveraged buyout.
- Represented a NYSE company in its acquisition of a competitor through the use of a pre-packaged Chapter 11 plan.
- Extensive appellate experience in the Supreme Court of Virginia in the creditors' rights area such as piercing the corporate veil and sales of collateral as well as in the United States Courts of Appeal involving bankruptcy issues.
- Representation of creditors' committees, indenture trustees, trustees in bankruptcy and equity holders in bankruptcy proceedings.
Background
- U.S. Army, 1968–70
- Lecturer in Law at the University of Virginia Law School, since 1992
Membership
- Member, American, Virginia and Richmond Bar Associations
- Member, Commercial Law League of America
- Past Chairman, Bankruptcy Law Section, Virginia State Bar
- Founding Member, Mid-Atlantic Institute on Bankruptcy & Reorganization
Awards and Professional Recognition
- American College of Bankruptcy; Listed in Best Lawyers in America.
Education - LL.B., University of Virginia School of Law, 1968
- B.A., University of Virginia, History, 1965
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Benjamin Ackerly
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