Bens practice focused on bankruptcy matters.

Ben’s practice focused on representing debtors, creditors, committees, trustees, and examiners in Chapter 11 bankruptcies. In addition, he represents parties in federal and state court receiverships. Ben joined Hunton & Williams in 1970 and was elected to the partnership in 1977. Prior to joining the firm, Ben served in the United States Army from 1968-1970.

Ben counseled clients involving bankruptcy and creditors rights matters for over 40 years. He was a Lecturer in Law on Business Reorganization under Chapter 11 of the Bankruptcy Code at the University of Virginia School of Law since 1992 and spoke many times to the Mid-Atlantic Institute on Bankruptcy and Reorganization Practice.

Ben is admitted to practice before the United States Supreme Court; United States Courts of Appeals for the Second, Third, Fourth, Sixth, and Eleventh Circuits; the United States District Court for the Eastern and Western Districts of Virginia; the United States Bankruptcy Court for the Eastern and Western Districts of Virginia; United States Court of Claim; Supreme Court of Virginia and all Virginia state courts.

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 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.
  • Represented the Debtor in the Chapter 11 liquidation of Chesapeake Corporation.
  • Represented the Debtor in the Chapter 11 reorganization of publicly traded local exchange and cellular carrier.
  • Represented the Chapter 11 Trustee in the Chapter 11 reorganization of FasMart.
  • Represented the Creditors’ Committee in the Chapter 11 reorganization of Bear Island Paper Company.
  • Examiner in the Chapter 11 case of Polymer Group, Inc., et al.
  • Represented the Equity Committee in the Chapter 11 liquidation of Heilig-Meyers Company.
  • Represented the secured debt in the Chapter 11 bankruptcy of AMF Bowling, Inc.
  • Represented of second lien lenders in the Chapter 11 bankruptcy of Workflow Management, Inc.
  • Represented the owner of the Greenbrier Hotel in connection with its Chapter 11 bankruptcy.
  • Represented the largest unsecured creditor in the Michael Vick Chapter 11 bankruptcy.
  • Represented the Trustee in Bankruptcy in the Chapter 11 bankruptcy of Merry-Go-Round.

Memberships

  • Former Chairman, Bankruptcy Law Section, Virginia State Bar, Virginia and Richmond Bar Associations
  • Member, American Bar Association
  • Member, American Bankruptcy Institute
  • Member, Fourth Circuit Judicial Conference
  • Founding Member, Mid-Atlantic Institute on Bankruptcy & Reorganization
  • Board of Trustees, Westminster-Canterbury Corporation (Richmond)
  • Board of Directors, Goodwill of Central Virginia
  • Past President and Board Chair, Historic Richmond Foundation

Awards & Recognition

  • Gardener G. DeMallie, Jr. Continuing Legal Education Award, Virginia State Bar
  • Fellow, American College of Bankruptcy and former member of its Board of Regents
  • Fellow, Virginia Law Foundation
  • Formerly selected as a Best Lawyer for Bankruptcy, Virginia, Best Lawyers in America. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Formerly recognized as a Leader for Insolvency & Restructuring Law, Who’s Who Legal
  • Formerly named among the Legal Elite for Bankruptcy Law, Virginia Business magazine. A description of the selection methodology can be found on Virginia Business’s webpage.
  • Formerly selected as a Super Lawyer for Bankruptcy Law, Virginia Super Lawyers magazine. A description of the selection methodology can be found on Super Lawyers’ webpage.

Insights

  • Events

    • Lecturer, Mid-Atlantic Institute on Bankruptcy and Reorganization Practice, 1986 to Present
    • Lecturer, Recent Developments in Creditors’ and Debtors’ Rights, Virginia State Bar Annual Meeting, 2004-2009
    • Lecturer, International Bankruptcy Law, NYU Law School, 2009
    • Adjunct Professor, Creditors' Rights and Bankruptcy, University of Richmond School of Law, 1979

    Publications

    • Editor, Enforcement of Liens & Judgments in Virginia, currently in its Sixth Edition, 2013
    • Co-author, Chapter on “Roles of Attorneys and Other Professionals” in the Virginia Lawyer Practice Handbook entitled Bankruptcy Practice in Virginia, 2013