Jay R. Bender

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.