Ben Butterfield is an associate in the Business Restructuring & Insolvency Group in the New York office of Morrison & Foerster.
Mr. Butterfield has represented debtors, secured creditors, unsecured creditors, official creditors’ committees, and directors and officers in complex restructuring transactions, including both out-of-court financial restructurings and chapter 11 proceedings. Mr. Butterfield has also represented clients in connection with international insolvency-related matters, including litigation-oriented matters as well as transactional work.
Prior to joining Morrison & Foerster, Mr. Butterfield was an associate in the New York office of another large law firm. He earned his J.D. from the New York University School of Law.
Mr. Butterfield is admitted to practice in New York.
In re Real Industry, Inc.(Bankr. D. Del.) Counsel to Real Industry, Inc., Real Alloy Recycling, Inc., and their affiliated debtors in their chapter 11 cases. Real Industry is a holding company with approximately one billion dollars in tax attributes. Real Alloy, a subsidiary of Real Industry, is a large-scale recycler of aluminum with operations throughout the United States, Canada, Mexico, and Europe. The debtors collectively filed for chapter 11 to restructure approximately $400 million in funded debt obligations and approximately $75 million in other obligations. In May 2018, Real Industry’s chapter 11 plan, which preserved its tax attributes, went effective and Real Alloy closed a sale of all its assets and operations, preserving 2,000 jobs and critical business relationships.
In re Ciber, Inc., et al.(Bankr. D. Del.). Counsel to Ciber, Inc. and its affiliated debtors, industry leaders in information technology, consulting, and outsourcing services, in their chapter 11 cases. Advised the companies in the successful 363 sale of substantially all of their North American and Indian assets for $90.7 million, nearly doubling the initial stalking horse bid, and assisted with the development of a liquidating plan providing for the distribution of sale proceeds and remaining value to stakeholders.
In re 21st Century Oncology Holdings, Inc., et al.(Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of 21st Century Oncology Holdings, Inc. and its subsidiaries and affiliates, the largest global provider of integrated cancer care services. At the time of its filing, 21st Century Oncology had more than $1.1 billion of prepetition funded debt that it was seeking to restructure through its chapter 11 cases.
In re UCI International, LLC, et al.(Bankr. Del.) Counsel to the official committee of unsecured creditors of UCI International, one of North America's largest manufacturers of automotive replacement parts.
In re Republic Airways Holdings Inc., et al.(Bankr. S.D.N.Y.) Counsel to the official committee of unsecured creditors of Republic Airways Holdings Inc. and its affiliated debtors in their chapter 11 cases. Republic provides regional passenger services through its wholly owned subsidiaries, Shuttle America and Republic Airlines, which operate approximately 1,000 daily flights through codeshare agreements with United Continental Holdings, Inc., Delta Air Lines, Inc., and American Group, Inc.
In re Maxus Energy Corporation (Bankr. D. Del). Counsel to Maxus Energy Corporation and four affiliated debtors in their chapter 11 cases, which addressed over $12 billion in claims, predominantly in connection with environmental liability relating to the country's largest superfund site—the Passaic River and related bodies of water. The Maxus chapter 11 cases concluded in July 2017 following confirmation of an innovative chapter 11 plan supported by over 99% of creditors.
In re Peabody Energy, Inc., et al. (Bankr. E.D. Mo.) Counsel to the Official committee of unsecured creditors of Peabody Energy, the world’s largest privately owned coal producer, and 153 of its subsidiaries, which collectively held $10.1 billion in prepetition debt. In the bankruptcy court, our team succeeded in securing material improvements to unsecured-creditor recoveries in the confirmed plan of reorganization. We successfully defended the plan, which provided substantial recoveries to both secured and unsecured creditors, in the district court against challenges by the hold-out creditors and again in the Eighth Circuit.
In re Patriot Coal Corporation, et al.(Bankr. E.D. Va.) Counsel to the official committee of unsecured creditors in the chapter 11 cases of Patriot Coal Corporation, a leading producer and marketer of metallurgical and thermal coal in the eastern U.S. with approximately 2,900 active employees at the time of filing, approximately $791 million in prepetition funded debt, and significant legacy liabilities (primarily in the form of retiree benefits, pension obligations, and environmental obligations).
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