Overview
The recipient of numerous awards from prominent ranking agencies, Benjamin W. Kadden guides energy-industry companies and other organizations through major transitions, including restructurings and mergers and acquisitions. A leader in the fields of corporate bankruptcy and commercial law, Ben also serves as the managing partner of the firm, providing client-centric guidance and vision. Always placing a premium on professionalism, ethical behavior and honesty, he candidly tells clients whether he believes their preferred course of action will likely result in a good or a poor return on their investment in his legal services.
Ben’s client base primarily comprises companies that are either based in or have substantial presences in the Gulf Coast states—Louisiana, Texas, Alabama, Mississippi and Florida. With deep experience in and knowledge about the bankruptcy, creditors’ rights, corporate and commercial law, and asset-based finance areas, Ben advises clients in a wide range of industries, including oil and gas companies and those adjacent to the industry, including exploration, production, service and pipeline businesses. In addition, he counsels organizations in the maritime and tourism arenas, among others.
Although based in New Orleans, Ben also spends a lot of his time in Lugenbuhl’s Houston office, handling the large amount of bankruptcy work arising out of that jurisdiction. Ben also advises on transactions involving numerous Gulf Coast businesses, with a focus upon representation of non-public buyers and sellers in equity and asset sales. Because of his experience in complex Chapter 11 bankruptcy cases, he brings to his practice direct experience and knowledge regarding the purchase or sale of assets by distressed companies, including navigating the process while a buyer or seller is in bankruptcy. He likes nothing better than guiding an organization through a rough patch and helping them save its business and its employees’ jobs.
In delivering highly regarded client service, Ben draws on a dynamic combination of intelligence, insight, people skills, political savviness and tactical talents and describes himself as “a three-dimensional chess player.” His ability to see several steps ahead is particularly crucial in Chapter 11 matters, which often entail several parties, many moving parts, and a constant need to reassess who is an ally and who is not.
Ben is incredibly skilled and diligent, and has an excellent peripheral sense of bigger issues across a broad spectrum of the legal landscape.
Bankruptcy/Restructuring Client – Chambers
Outside the Office
Ben loves spending time with his wife and three kids. When he was a kid he was a hockey player on many travel teams, and he is paying it forward to his own children. His son plays on three baseball teams, one daughter plays two softball teams, and his other daughter is a competitive dancer. So when Ben is not practicing law or managing the firm, he is running around taking kids from one place to the next—and enjoying every second of it.
Significant Chapter 11 Bankruptcy & Creditor Matters
- Special Counsel for the Debtors in the Chapter 11 Bankruptcy Case of Mountain Express Oil Company, et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
- Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of JAB Energy Solutions II, LLC, et al., United States Bankruptcy Court, District of Delaware
- Co-counsel for the DIP Lenders and an ad hoc group of the Debtors’ (i) 10.50% senior secured priming notes due 2025; (ii) 6.75% senior secured notes due 2025; (iii) Euro floating rate senior secured notes due 2025; and (iv) 11.50% senior secured notes due 2026 in the Bankruptcy Case of Carlson Travel, Inc., et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
- Co-counsel for Atlantic Maritime Services, LLC in connection with the filing, preservation, and enforcement of statutory lien rights under the Louisiana Oil Well Lien Act in the Bankruptcy Case of Fieldwood Energy, LLC, et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
- Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Burkhalter Rigging, Inc., et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
- Co-counsel for Wilmington Savings Fund Society, FSB (WSFS), in its capacity as Trustee under that certain (i) Indenture, dated as of May 27, 1998, among The Neiman Marcus Group LLC (f/k/a The Neiman Marcus Group, Inc.), as issuer, and Neiman Marcus Group LTD Inc. (f/k/a Neiman Marcus, Inc.), as guarantor, (ii) First Supplemental Indenture, dated as of July 11, 2006, (iii) Second Supplemental Indenture, dated as of August 14, 2006, and (iv) Third Supplemental Indenture, dated as of June 7, 2019, for the 7.125% Senior Debentures due 2028 in the bankruptcy case of Neiman Marcus Group LTD LLC, et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
- Lead Counsel for Kenneth Lefoldt, the Liquidating Trustee, in connection with post-confirmation litigation following confirmation of the Plan in COPsync, Inc., et al., United States Bankruptcy Court, Eastern District Louisiana
- Special Counsel for the Debtors, in connection with efforts by the Debtors, in the Bankruptcy Case of Seadrill Partners, LLC, et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
- Co-counsel for the initial DIP Lender and Stalking Horse Bidder, Hartree Partners, L.P. in the Bankruptcy Case of Bouchard Transportation Co., et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
- Co-counsel for an Ad Hoc Group of Holders of FTS International, Inc.’s 6.25% Senior Secured Notes Due 2022 in the Bankruptcy Case of FTS International, Inc., et al., United States Bankruptcy Court, Southern District of Texas, Houston Division
- Lead Counsel for Orion Drilling Company, LLC in connection with a workout and restructuring of its indebtedness, United States Bankruptcy Court, Southern District of Texas
- Lead Counsel for CRG Financial, LLC in connection with the investigation, diligence, and acquisition of multiple secured claims held by a significant creditor in the Bankruptcy Case of MTE Holdings, LLC, et al., United States Bankruptcy Court, DE
- Counsel for Gulf Fleet Holdings, Inc., as well as 10 of its subsidiaries and affiliates in Chapter 11 with over $100,000,000 in assets and approximately $65,000,000 in claims, Western District of Louisiana, Lafayette Division
- Debtor’s Counsel for Bender Shipbuilding & Repair Co., Inc. in Chapter 11 with over $100,000,000 in assets and $100,000,000 in claims, Southern District of Alabama
- Debtor’s Counsel for East Cameron Partners, LP in Chapter 11 proceeding with assets of over $100,000,000 and debt of approximately $185,000,000, Western District of Louisiana, Lafayette Division
- Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Burkhalter Rigging, Inc., et al., and certain affiliates, Southern District of Texas, Houston Division
- Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Midway Oilfield Constructors, Inc., et al., Southern District of Texas, Houston Division
- Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Whistler Energy II, LLC, et al., Eastern District of Louisiana
- Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Cases of Saratoga Resources, Inc., Harvest Oil & Gas, LLC, et al., Western District of Louisiana, Lafayette Division
- Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of A&B Valve and Piping Systems, LLC, et al., Western District of Louisiana, Lafayette Division
- Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Graham Gulf, Inc., et al., Southern District of Alabama
- Lead Counsel for the Official Committee of Unsecured Creditors in the Chapter 11 Bankruptcy Case of Virgin Oil Company, Inc., et al., Eastern District of Louisiana
- Special Counsel for the Unsecured Creditors’ Committee in the Chapter 11 Bankruptcy Case of The Trico Marine Group, et al., District of Delaware
- Counsel for Citicorp North America, Inc. in the foreclosure of Oakwood Mall, a shopping mall in metropolitan New Orleans
Significant Admiralty & Energy Transactions
- Represented Trinity Yachts, LLC, TY Offshore and certain affiliates in the formation and consolidation of assets and operations in the Gulf Coast Shipyard Group, as well as the subsequent equity investment by Littlejohn & Co., LLC, a private investment firm
- Participated in the sale of the marine assets of Gulf Fleet Holdings, Inc., et al. for an amount exceeding $26,000,000 in connection with their pending Chapter 11 Bankruptcy Cases
- Participated in the sale of assets of Bender Shipbuilding & Repair Co., Inc. for an amount exceeding $40,000,000 in connection with its pending Chapter 11 Bankruptcy Case
- Represented a non-public seller in the sale of assets with an approximate value of $10,000,000
- Represented shareholders of Rigdon Marine Corporation in sale of stock to and assumption of debt by GulfMark Offshore Corporation
- Represented a non-public seller in the sale of marine assets with an approximate value of $80,000,000
- Represented a non-public seller in the sale of marine assets with an approximate value of $35,000,000
Professional
- Louisiana State Bar Association (2000-Present)
- Bankruptcy Section Chair (2019-2021)
- Texas Bar Association (2012-present)
- Turnaround Management Association (2005-2008)
- Judge Jerry A. Brown Louisiana Bankruptcy American Inn of Court (2012)
Community
- Founding Board Member, Bastion Community of Resilience
- Benchmark Litigation: United States (National); Louisiana Future Litigation Star
- Best Lawyers (2019-2024)
- Super Lawyers (2014-2019, 2021-2024)
- Chambers USA Guide (2017-2024)
- Lawdragon 500: Global Bankruptcy & Restructuring Lawyer (2024)
- “Lawyer of the Year” Best Lawyers (2023)
- New Orleans CityBusiness Magazine’s “Power 50 Most Influential People” in the Greater New Orleans Area (2023)
- New Orleans Magazine’s “Top Lawyers” (2014-2023)
- Inside New Orleans Reader’s Favorite “Elite Lawyers” (2021-2023)
- LSBA Citizen Lawyer Award (2017-2018)
- LSBA Pro Bono Publico Award (2015)
- “Involuntary Bankruptcy: A Powerful Tool in the Creditor’s Arsenal, but Proceed with Caution”- Co-Presenter, Benjamin Kadden, 29th Annual Bankruptcy Law Conference, Baton Rouge, Louisiana, November 2, 2023
- “A Business Files for Bankruptcy: The First 60 Days”- Co-Presenter, Benjamin Kadden, EDLA Third Federal Bench and Bar Conference, New Orleans, Louisiana, October 27, 2023
- “Putting the Success in Succession Planning- Ensuring a Lasting Legacy for Your Firm- Co-panelist, Benjamin Kadden, TAG International Conference, Rome, Italy, October 18, 2023
- “The Rumble in the Bankruptcy Jungle: Avoiding an Ethical TKO in Bankruptcy Court” – Co-presenter, Benjamin Kadden, 28th Annual Bankruptcy Law Conference, Baton Rouge, Louisiana, November 9, 2022
- “It’s Not Easy Being Green: Ethical Pitfalls for Bankruptcy Novices” – Presented by Hon. Meredith S. Grabill, U.S. Bankruptcy Court; Eastern District of LA., Benjamin W. Kadden and Ashley L. Belleau of Lugenbuhl, Bankruptcy Law Webinar Part II, New Orleans, Louisiana, April 20, 2022
- “Bankruptcy Issues in the Oil & Gas Industry” – Co-panelist, Benjamin W. Kadden, Professional Landmen’s Association of New Orleans Executive Night & Seminar, New Orleans, Louisiana, February 23, 2022
- “Equitable Mootness & Other Post-Confirmation Issues (Including Litigation Trusts And Burdens Of Proof On Fraudulent Transfer Adversaries, Etc.) ” – Co-panelist, Benjamin W. Kadden, Fifth Circuit Bankruptcy Bench-Bar Conference, New Orleans, Louisiana, February 2-4, 2022
- “Hot Topics and Future of Chapter 11 in Louisiana” – Co-presented by the Hon. John W. Kolwe, Michael Crawford of Taylor Porter Brooks & Phillips, Laura Ashley of Jones Walker, and Benjamin W. Kadden and James Thurman of Lugenbuhl at Louisiana State University Law Center’s 27th Annual Bankruptcy Law Conference in Baton Rouge, Louisiana on December 1, 2021
- “Oil & Gas Distress: Price and Quantity Considerations beyond COVID-19” – Co-presenter, Benjamin W. Kadden, Turnaround Management Association (TMA) Virtual Town Hall Series: Leading Through Crisis, New Orleans, Louisiana, May 20, 2020
- “Insight for the Implications of the Oil & Gas Industry as a Result of the COVID-19 Epidemic” – Co-presenter, Benjamin W. Kadden, Louisiana Financial Executive Group (Louisiana FEG) Virtual Weekly Town Hall Series, New Orleans, Louisiana, May 19, 2020
- “Effects of Insolvency on Maritime Transactions and Rights” – Presented by Benjamin Kadden and Delos Flint, Jr., 2019 Southeastern Admiralty Law Institute Seminar (SEALI), New Orleans, Louisiana, June 27, 2019
- “What One Court Giveth, Another Court Taketh Away: Recent Decisions Relating To The Breadth Of Protections Afforded To Claimants Under The Louisiana Oil Well Lien Act” – Presented by Benjamin Kadden, 66th Annual Mineral Law Institute, Baton Rouge, Louisiana, March 15, 2019
- “Are You Distressed? Chapter 11 Bankruptcy Counseling For Non-Bankruptcy Attorneys” – Presented by Benjamin Kadden and Meredith Grabill, 2018 Procrastinators’ Programs, New Orleans, Louisiana, December 19, 2018
- “Creating and Sustaining a Culture of Service Excellence Through Effective Recruiting and Retention” – Presented by Benjamin Kadden and co-panelists at TAG Alliances Spring International Conference in Barcelona, Spain, on May 3, 2018
- “Professionalism – A Judge’s View; Lawyer Commentary (The Judge’s View Counts)’ – Co-presented by the Hon. John W. Kolwe and Benjamin W. Kadden at Louisiana State University Law Center’s 23rd Annual Bankruptcy Law Seminar, on November 2, 2017
- “Navigating Bankrupt Seas – For the Benefit of Maritime Operators,” Southeastern Admiralty Law Institute, with Delos Flint, Jr., 2019
- “What One Court Giveth; Another Court Taketh Away: Understanding LOWLA and the Impact of Recent Decisions on the Breadth of the Protections Afforded to Claimants by the Louisiana Legislature,” Mineral Law Institute Papers, with Meredith S. Grabill, 2019
- “Local Bankruptcy Rules: Louisiana (E.D. La.),” Practical Law Practice Bankruptcy & Restructuring, with Meredith S. Grabill, 2018
