Jay R. Bender

Chair, Bankruptcy, Restructuring & Distressed Investing Practice Group at Bradley Arant Boult Cummings LLP

Jay R. Bender

Jay R. Bender

Chair, Bankruptcy, Restructuring & Distressed Investing Practice Group at Bradley Arant Boult Cummings LLP

Biography

Jay represents debtors, banks, secured creditors, indenture trustees, and purchasers of distressed assets in complex chapter 11 and chapter 9 bankruptcy cases and in out-of-court workouts, reorganizations, restructurings, and liquidations. Jay also has extensive experience in state and federal court receivership actions, both in representing creditors seeking the appointment of a receiver for their collateral and in representing the court-appointed receivers.

Jay represents debtors, banks, secured creditors, indenture trustees, and purchasers of distressed assets in complex chapter 11 and chapter 9 bankruptcy cases and in out-of-court workouts, reorganizations, restructurings, and liquidations. Jay also has extensive experience in state and federal court receivership actions, both in representing creditors seeking the appointment of a receiver for their collateral and in representing the court-appointed receivers.

Jay has served as lead bankruptcy counsel in numerous chapter 11 and chapter 9 bankruptcy cases. He recently represented Dixie Pellets, Inc., a biofuel manufacturer and exporter, in its chapter 11 case, in which he obtained confirmation of Dixie's chapter 11 plan. He also recently represented Moore-Handley, Inc., one of the country’s largest wholesale hardware distributors, in its chapter 11 case, in which he successfully obtained approval of the sale of Moore-Handley’s business over the objection of the company’s union and unsecured creditor's committee. He has represented debtors in many other bankruptcy cases, including the chapter 11 cases of J.A. Jones, Inc., one of the largest construction companies in the country, and over 40 of its subsidiaries. Jay also has served a lead bankruptcy counsel for The West Jefferson Amusement and Public Park Authority, the former owner of the Visionland Amusement Park in Birmingham, in the largest chapter 9 bankruptcy case ever in the State of Alabama.

Jay regularly represents secured lenders and indenture trustees in bankruptcy cases and receivership proceedings and in out-of-court negotiated workouts, loan restructurings, and orderly liquidations involving privately- and publicly-traded borrowers. Jay has bought and sold distressed businesses through consensual, buy-sell agreements, and through more unconventional means, such as 363 bankruptcy sales, receivership sales, foreclosures, UCC sales of collateral, and hostile takeovers accomplished through confirmation of non-consensual chapter 11 creditors' plans. Jay has considerable experience dealing with disputes involving distressed construction businesses, including the representation of owners, contractors, subcontractors, sureties, and construction lenders in such matters. Jay also has represented secured lenders, suppliers and customers in a variety of matters involving distressed business in the automotive industry.

Jay is the immediate past President and a founding Board Member of the Alabama Chapter of the Turnaround Management Association. He is listed in The Best Lawyers in America, Chamber USA, and Alabama Super Lawyers for bankruptcy law, and is a member of the American Bankruptcy Institute.

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Chairman & Managing Partner at Bradley Arant Boult Cummings LLP

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Managing Partner-Huntsville, Alabama at Bradley Arant Boult Cummings LLP

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Managing Partner, Birmingham Office at Bradley Arant Boult Cummings LLP

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Managing Partner, Washington, D.C. at Bradley Arant Boult Cummings LLP

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Chair, Governmental Affairs Practice Group at Bradley Arant Boult Cummings LLP

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Partner at Bradley Arant Boult Cummings LLP

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Partner at Bradley Arant Boult Cummings LLP

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Partner at Bradley Arant Boult Cummings LLP

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Partner at Bradley Arant Boult Cummings LLP

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Partner at Bradley Arant Boult Cummings LLP

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Jay R. Bender
Chair, Bankruptcy, Restructuring & Distressed Investing Practice Group at Bradley Arant Boult Cummings LLP
Education
J.D., with Honors
Class of 1993

UNC School of Law was founded in 1845 and is part of the University of North Carolina at Chapel Hill, the nation's first state-supported university. The school has been approved by the American Bar Association since 1928. Carolina Law prepares outstanding lawyers and leaders to serve the people and institutions of North Carolina, the nation and the world. Home to numerous centers and initiatives, the school offers strong expertise in civil rights, banking, environmental law, intellectual property, entrepreneurial and securities law, critical studies, bankruptcy and constitutional inquiry.

B.A., magna cum laude
Class of 1986

Duke University is a private research university in Durham, North Carolina. Home of the Blue Devils, Duke University has about 15,000 undergraduate and graduate students and a world-class faculty helping to expand the frontiers of knowledge. The university has a strong commitment to applying knowledge in service to society, both near its North Carolina campus and around the world.

Career History
Chair, Bankruptcy, Restructuring & Distressed Investing Practice Group
Current

Bradley Arant Boult Cummings LLP is a provider of legal services in the United States. It offers services that cover housing, community development, antitrust, appellate, banking, bankruptcy, corporate restructuring, distress investing, procurement, health care, employee benefits, compensations, insurance, intellectual property, lending, natural resources, and tax. The company was founded in 1871 and is headquartered in Birmingham, AL.

Partner
Prior

Bradley, Arant, Rose & White LLP provides legal services. Its practice areas include environmental law, labor and employment, health care, employee benefits, construction, litigation, general corporate, partnership and business entity law, mergers and acquisitions, banking, bankruptcy, tax, estate planning, energy, trade regulation, international trade, securities, municipal finance, real estate, governmental affairs, white collar criminal defense, telecommunications, intellectual property, and antitrust. The company was founded in 1871 and is headquartered in Birmingham, AL.

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