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.

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 Chemicals
  • Journal Register
  • Philadelphia Newspapers
  • Standard Register 
  • Tropical Sportswear
  • Ziff Davis

Recent Ad Hoc Committee and Significant Creditor Representations

  • Adelphia
  • China Fishery 
  • Harvard Industries
  • KV Pharmaceuticals
  • Mirant
  • Nextwave
  • NSC/Pueblo
  • OSG
  • Pacific Ethanol
  • Refco
  • Texas Petrochemicals
  • TransTexas Gas
  • Thomas Nelson

Other Recent Creditor and Third Party Representations

  • Equity holders of multi-national fishery
  • Minority senior lenders in Chapter 11 case of ethanol provider
  • ad hoc group of senior lenders to book publisher in workout of $300 million in debt of book publisher
  • largest second-lien debt holder of diversified manufacturer
  • largest second-lien debt holder of chip maker
  • debtor-in-possession lender to automotive supplier
  • project finance lender to power plant
  • acquiror of assets of mortgage lender
  • plan funder and acquiror of 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

Recent Publications

  • "Securities Law Issues Affecting Chapter 11 Reorganization," Collier Guide to Chapter 11: Key Topics and Selected Industries, spring 2014 Section 1122 - Colliers on Bankruptcy, 15th Edition
  • "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)
  • "Best Practices for Corporate Restructuring," Aspatore Books, Inside the Minds Series, 2006
  • "Key Provisions Affecting Business Bankruptcy," Pratt’s Guide to the Bankruptcy and Consumer Protection Act of 2005 (July 2005)
  • "Bankruptcy Court Issues Challenge to CMBS Players," Real Estate Finance Review, Vol. II (Winter, 1998); Bankruptcy Practice and Strategy (Warren, Gorham & Lamont, 1988)

Press Mentions

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
In The National Law Journal and New Jersey Law Journal, Gerald Bender's addition as Member of the Firm in Lowenstein Sandler's Bankruptcy, Financial Reorganization & Creditors' Rights Department is highlighted. , The National Law Journal, New Jersey Law Journal , September 2012
View More...

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