Gerald Bender

Partner

Gerald Bender is a partner in O'Melveny's New York office and a member of the Restructuring Practice. Gerry's practice covers all aspects of financial restructuring, including representations of unofficial and official noteholders’ and creditors’ committees, institutional investors, secured and unsecured creditors and debtors in out-of-court restructurings and Chapter 11 reorganizations. He regularly represents acquirors of assets of, and investors in, troubled companies. Gerry has significant experience in the negotiation and documentation of restructuring-related transactions as well as the litigation of complex bankruptcy and commercial disputes.

Prior to joining O'Melveny, Gerry was a partner at Stroock & Stroock & Lavan LLP and prior to that was counsel at Fried, Frank, Harris, Shriver & Jacobson LLP, where he practiced in the financial restructuring area.

Gerry is a contributing author to the leading bankruptcy treatise, Colliers on Bankruptcy, and is a frequent author and lecturer on various restructuring-related topics.

Illustrative Professional Experience

• Chapter 11 Debtor Representations: ANC Rental (Alamo/National Car Rental Company); Bill’s Dollar Stores, Inc. (chain of general merchandise stores in the South); Escada (USA) Inc. (luxury retailer); Family Golf Centers, Inc. (roll-up of golf range and family entertainment centers); Maxway Corporation and Danners, Inc. (chain of general merchandise stores in the South); Morse Shoe Company (the parent company of Payless Shoe Stores); Nutramax Corporation (diversified health products company); Salant (garment manufacturer);Wingspread Corporation (garment manufacturer).
• Official Creditors’ Committee Representation: Advanced Glassfiber Yarns; Desa Holdings; Formica; Galey & Lord; General Chemicals; Philadelphia Newspapers; Tropical Sportswear; Ziff Davis.
• Public Ad Hoc Committee Representations: Adelphia; Harvard Industries; Mirant; Nextwave; NSC/Pueblo; OSG; Refco.
• Advise Private Equity and Hedge Fund Clients with respect to acquisition of debt and control positions and portfolio company issues.
• Represent buyers and sellers in Section 363(b) sales and other distressed M&A transactions.

Professional Activities

Admitted to Practice, US District Court, Southern and Eastern Districts of New York
Contributing Author, Colliers on Bankruptcy, 15th Edition; Best Practices for Corporate Restructuring; Bankruptcy Practice and Strategy (Warren, Gorham & Lamont, 1988)
Speaking Engagements, "The Interplay between Repurchase Agreements and Other Financial Products and the Bankruptcy Code," presented at the Joint Meeting of the Bankruptcy Litigation and Creditor's Rights Committees of the American Bar Association, at the Annual Meeting of the ABA Section of Business Law, Dallas, Texas, April 2007; "Hedge Fund and Private Equity Fund Participation in Chapter 11 Cases," presented at the Joint Meeting of Bankruptcy Litigation and Creditor's Rights Committees of the American Bar Association, at the Annual Meeting of the ABA Section of Business Law, San Francisco, August 2008