Loveland, Benjamin W.

Benjamin W. Loveland

Benjamin Loveland's practice focuses on the representation of distressed debt investors in chapter 11 bankruptcy proceedings and other financial restructurings. He routinely represents indenture trustees, agents, noteholders, and lenders in large and complex bankruptcy cases and resulting litigation. Mr. Loveland also has deep experience assisting clients with pre-investment diligence and transaction structuring against the insolvency background, and has helped borrower clients with refinancing and restructuring transactions. Mr. Loveland rounds out his practice with extensive knowledge of cross-border insolvency matters, distressed sales, and issues involving the intersection of bankruptcy and intellectual property law.

Professional Activities

  • Co-Chair of Boston Bar Association Bankruptcy Section's Young Lawyers Committee (2010–2012)
  • Member (and former co-chair) of American Bankruptcy Institute Northeast Conference Emerging Insolvency Professionals Committee (2015 – present)
  • Member of American Bankruptcy Institute Northeast Conference Advisory Board (2015 – present)
  • Vice Chair of M. Ellen Carpenter Financial Literacy Program (2014–2016)
  • Board Member of Courageous Sailing for Youth, Inc.

Experience

Recent Highlights

Among other clients, Mr. Loveland has represented:

  • Wilmington Trust, as indenture trustee for the first lien notes, in the chapter 11 case of Cobalt International Energy, Inc.
  • Wilmington Savings Fund Society, as indenture trustee for second lien notes in the chapter 11 case of Avaya, Inc.
  • GLAS USA, as administrative agent for a €600 million PIK loan, in connection with the involuntary chapter 11 proceeding of EB Holdings (Ecobat)
  • Wilmington Trust, as indenture trustee for the second lien notes, in the chapter 11 case of SunEdison, Inc., including in related avoidance litigation
  • The indenture trustee for, and a steering committee of holders of, bonds in the Energy XXI oil and gas chapter 11 case
  • Several funds and other financial creditors in connection with their acquisition of a majority interest in GT Advanced Technologies under its confirmed chapter 11 plan of reorganization
  • Lenders and bondholders in the chapter 11 case of Texas Competitive Electric Holdings (TCEH) and Energy Futures Holdings (EFH) and related litigation, including make-whole dispute and letter of credit payment priority litigation in the Delaware bankruptcy court and district court and in the Third Circuit Court of Appeals
  • Major bondholder in aspects of the American Airlines chapter 11 case, including chapter 11 plan negotiations and litigation surrounding aircraft sale transactions
  • Major technology company in its bid for the patent portfolio of Nortel Networks in its chapter 11 section 363 sale
  • Foreign financial institutions in defense of fraudulent transfer litigation brought by SIPA Trustee for Bernard L. Madoff Investment Securities LLC and BVI liquidators for the Fairfield Funds

Recognition

Honors & Awards

  • Recognized as a "40 Under 40 Emerging Leader" by M&A Advisor in 2016
  • Named a "Massachusetts Super Lawyers Rising Star" for bankruptcy in the 2012-2017 issues of Boston Magazine
  • Selected as a participant in the National Conference of Bankruptcy Judges NextGen Program in 2013

Insights & News

Credentials