Ted Benchik

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Nauman Smith
200 North 3rd Street
18th Floor
Harrisburg, PA 17101
717-236-3010 ext. 126
717-234-1925 (fax)
tbenchik@nssh.com

Bio

Ted represents businesses and individuals in bankruptcy, debt restructuring, and workouts. He also has represented businesses and business owners, ranging from publicly traded companies to start-ups in all aspects of entity formation and litigation. Ted has argued cases before the Indiana Supreme Court and the Seventh Circuit Court of Appeals, resulting in successful challenge to an attempt to close an airport.

Resume

Education

  • University of Notre Dame, B.A., (Honors program), 1980
  • Indiana University, J.D., (Moot Court), 1991

Bar Admissions

  • Ohio, 1991
  • Indiana, 1993
  • Pennsylvania, 2021

Court Admissions

  • United States District Court for the Northern and Southern Districts of Indiana
  • Seventh Circuit Court of Appeals
  • United States Tax Court

Highlights

Bankruptcy Law

Ted has practiced all facets of bankruptcy for twenty-nine years.  He has represented debtors and creditors in chapters 7 and 11 cases involving the banking, manufacturing, and warehousing industries including the acquisition of assets from bankruptcy estates.

  • In re Terry Limited Partnership, 169 B.R. 182 (1993), aff’d 27 F.3d 241(1994), cert. denied 513 U.S. 948 (1994)(Default contractual interest rate awarded to oversecured mortgagee of highrise office building)
  • Goldberg v. Craig et al. (In re Hydro-Action, Inc.), 341 B.R. 186 (2006)(Summary judgment granted in favor of principal officer of debtor corporation against trustee’s preferential transfer claim)

Litigation

Representation of publicly traded and closely held corporations in real estate, construction and aviation

  • Capitol Speedway v. Styers, 837 N.E.2d 229 (Ind. Ct. App. 2006), rehearing denied, 844 N.E.2d 1079 (2006), affirmed following remand, 898 N.E.2d 369 (reversal of verdict in favor of auto racetrack tenant following trial and secured award of attorney fees in favor of landlord following successful appeal)
  • Hewitt v. Buckingham Management LLC, 45 N.E.3d 1278 (Ind. Ct. App. 2016)(first Indiana decision upholding landlord’s right to terminate leasehold solely other than for nonpayment)
  • SMDfund, Inc. v. Fort Wayne-Allen County Airport Auth., 831 N.E.2d 725 (Ind. 2005)(airport authority reversed decision to close historic general aviation airport following challenge to constitutionality of legislation enabling establishment of the authority)

Legal Ethics

Ted has authored materials and presented at continuing education seminars on the attorney ethics, particularly in the contract negotiation and estate planning fields.

Ethics for the Business Contract Attorney (author and presenter), Negotiating Indemnification, Representations and Warranties in Indiana, Natl. Business Institute, April 13, 2021

Ethics and Estate Planning (presenter), Guide to Wills and Trusts, Natl. Business Institute, Oct. 17, 2016

Ethical Challenges in Estate Administration (author and presenter), Estate Administration Procedures, Natl. Business Institute, May 8, 2017

Maintaining an Ethical Balance in Probate Practice (presenter), The Probate Process from Start to Finish, Natl. Business Institute, December 8, 2017

Legal Ethics (author and presenter), Medicaid Planning, Natl. Business Institute, November 8, 2019


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