Gerald C. Bender Partner

New York
T 646.414.6803 | F 973.535.3275



Backed by more than 30 years of experience in all aspects of financial restructuring, Gerry develops creative, cost-effective solutions for clients looking to realize maximum recovery and value from distressed situations. His representations include unofficial and official creditors’ committees, institutional investors, secured and unsecured creditors, and debtors in out-of-court restructurings and Chapter 11 reorganizations. He handles the negotiation and documentation of restructuring-related transactions as well as the litigation of complex bankruptcy and commercial disputes.

In addition, Gerry regularly represents companies that invest in or acquire debt or assets of troubled companies, such as private equity funds, hedge funds, and other control investors. His clients span a diverse range of industries, including airline, automotive, broadcasting and cable, oil and gas, construction, gaming, health care, housing, manufacturing, media, pharmaceutical, retail, shipping, telecommunications, and textile industries.

A frequent author and lecturer on various restructuring-related topics, Gerry is a contributing author to the leading bankruptcy treatise, Collier on Bankruptcy and authors a chapter of the Collier Bankruptcy Practice Guide on Securities Law issues in Chapter 11.

Representative Matters

Chapter 11 Debtor Representations

  • ANC Rental (Alamo/National Car Rental Company) - third largest car rental company with more than $1 billion in debt
  • Bill's Dollar Stores, Inc. - chain of general merchandise stores
  • East Orange General Hospital – not-for-profit hospital
  • Escada (USA) Inc. - women's luxury fashion house
  • Family Golf Centers, Inc. - golf range and family entertainment centers
  • Jekyll & Hyde – restaurant and entertainment
  • Love Culture - low priced women’s clothing 
  • Maxway Corporation and Danners, Inc. - chain of general merchandise stores, in the then largest-ever Chapter 11 cases in the Carolinas
  • Morse Shoe Company - parent company of Payless Shoe Stores
  • Nutramax Corporation - diversified health products company
  • Salant - garment manufacturer
  • Wingspread Corporation - garment manufacturer

Official Creditors' Committee Representations

  • Advanced Glassfiber Yarns
  • Desa Holdings
  • Exide Technologies
  • Formica
  • Galey & Lord
  • General Chemical Industrial Products 
  • Journal Register
  • Philadelphia Newspapers
  • Standard Register 
  • Tropical Sportswear
  • Unilife Corporation
  • Ziff Davis

Select Ad Hoc Committee and Significant Creditor Representations

  • Adelphia Communications– Ad Hoc group of bondholders in multi-billion dollar restructuring of cable provider
  • China Fishery 
  • Equity holders of multi-billion dollar, multi-national fishing business
  • Harvard Industries – ad hoc group in $500 million restructuring of auto parts manufacturer
  • KV Pharmaceuticals – largest unsecured creditor and lead investor in rights offering
  • Lexington Precision - debtor-in-possession lender to automotive supplier
  • Magnachip - largest second-lien debt holder of chip maker
  • Mirant - project finance lender to power plant
  • Nextwave – significant shareholder of wireless broadband provider
  • NSC/Pueblo – ad hoc group of unsecured creditors of grocery store chain
  • OSG – largest second-lien debt holder of diversified manufacturer
  • Pacific Ethanol - Minority senior lenders in Chapter 11 case of ethanol provider
  • Refco – ad hoc group of bondholders of financial services company
  • Spectrum – major debt holder of diversified consumer good company
  • Texas Petrochemicals – significant creditor of petrochemical company
  • TransTexas Gas – significant creditor of E & P gas company
  • Thomas Nelson – private equity investor in workout of $300 million in debt of book publisher
  • Acquiror of assets of mortgage lender and plan funder and acquiror of another mortgage lender

Buyers and Sellers

  • Regularly advise clients with respect to out-of-court reorganizations, plan-related acquisitions, section 363(b) sales and other distressed M&A transactions

Publications

Securities Law Issues Affecting Chapter 11 Reorganization
Collier Guide to Chapter 11: Key Topics and Selected Industries, Section 1122 - Collier on Bankruptcy, 15th Edition, , Gerald Bender
Creditors' Committee Members Are Protected by the Barton Doctrine
Bloomberg BNA Bankruptcy Law Reporter, March 16, 2017
Gerald Bender
Seventh Circuit Takes the (River) Road Less Traveled, Creating a Circuit Split on the Issue of the Right to Credit Bid in a Sale Pursuant to a Chapter 11 Plan
The Journal of Bankruptcy Law Vol. 128, No. 10, 2011
Gerald Bender
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Press Mentions

Gerald C. Bender was quoted in Reorg Research regarding a decision by the Second Circuit in Marblegate, adopting a narrow view of the Trust Indenture Act. , Reorg Research , January 18, 2017
Gerald C. Bender comments in Debtwire regarding Exide Technologies’ DIP dispute. , Debtwire , October 30, 2014
Gerald C. Bender was quoted in the Daily Bankruptcy Review in connection with Love Culture Inc. winning approval from the U.S. Bankruptcy Court for financing from Salus Capital Partners LLC as it prepares to sell itself or find a buyer to remain in business. , Daily Bankruptcy Review , July 18, 2014
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Related Areas

Bankruptcy, Financial Reorganization & Creditors’ Rights

Education


Emory University School of Law ( J.D. , 1984 ) , Editor-in-Chief, Bankruptcy Developments Journal
Binghamton University ( B.A. , 1981 ) , English

Bar Admissions


New York

Court Admissions


U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Eighth Circuit