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Bradley Arant Boult Cummings, LLP

Jay Bender

Jay Bender

Partner

Bradley Arant Boult Cummings, LLP
Alabama, U.S.A.

tel: 205.521.8645
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Profile

Jay Bender represents debtors, banks, secured creditors, indenture trustees, and purchasers of distressed assets in complex Chapter 11 and Chapter 9 bankruptcy cases, in state and federal court receivership proceedings, and in out-of-court workouts, reorganizations, restructurings, and liquidations. He served as chair of Bradley’s Bankruptcy, Restructuring, and Distressed Investing Practice Group from 2008 through 2017.

Jay is a Fellow in the American College of Bankruptcy, and is recognized in Chambers USA and The Best Lawyers in America® for his bankruptcy and restructuring practice.

Bar Admissions

  • Alabama, 1993
  • Texas

Court Admissions
  • United States Court of Appeals, 11th Circuit
  • United States District Court, Northern District of Alabama
  • United States District Court, Middle District of Alabama
  • United States District Court, Southern District of Alabama
  • United States District Court, Northern District of Florida

Education

  • University of North Carolina School of Law, J.D., 1993, with honors
  • Duke University, B.A., 1986, magna cum laude
Areas of Practice
Professional Career

Significant Accomplishments

Jay represents lenders, indenture trustees, and other creditors in bankruptcy cases and receivership proceedings and in out-of-court negotiated workouts, loan restructurings, and orderly liquidations involving privately and publicly owned borrowers. Jay has bought and sold distressed businesses through consensual buy-sell agreements and through more unconventional means, such as 363 bankruptcy sales, confirmed bankruptcy plans (under both chapter 11 and chapter 9), receivership sales, UCC sales of collateral, “friendly” foreclosures, and hostile takeovers accomplished through non-consensual chapter 11 creditors' plans.

Jay also regularly advises financially troubled businesses and their leadership teams, both in out-of-court restructurings and in chapter 11 bankruptcy proceedings. Over his twenty years of bankruptcy practice, Jay has represented debtors in industries as diverse as health care, construction, energy, telecommunications, utilities, wholesale, manufacturing, commercial real estate, oil and gas, and mining.

Jay has extensive experience representing debtors, creditors, and other parties in chapter 9 bankruptcy cases involving distressed municipalities. Among his representative matters are the Jefferson County (Alabama) chapter 9 case, in which he represented the county in its successful restructuring of over $5.0 billion in debt; the West Jefferson Amusement and Public Park Authority bankruptcy proceeding, in which he served as lead bankruptcy counsel in what was then the largest chapter 9 case in Alabama history; and the Natchez Regional Medical Center chapter 9 bankruptcy, in which he represented a publicly traded health care company in its acquisition of an operating hospital pursuant to a confirmed chapter 9 plan of adjustment. Jay is a coauthor of Representing Creditors in Chapter 9 Municipal Bankruptcies (Aspatore 2014).

Jay has developed special expertise representing creditors, debtors, investors, and buyers of financially troubled health care providers. He is the founder and co-chair of the firm’s Distressed Health care team, a multidisciplinary group comprised of our firm’s bankruptcy and restructuring professionals, together with attorneys from the firm’s nationally recognized Health Care practice and its Corporate and Public Finance group. Jay has represented clients in distressed health care cases involving hospitals, surgical centers, continuing care retirement communities (CCRCs), skilled nursing facilities, assisted living facilities, rehabilitation therapy providers, physician groups, imaging centers, and hospices.

Jay has handled numerous engagements involving disputes regarding distressed construction projects and businesses, including the representation of owners, contractors, subcontractors, sureties, and construction lenders in such matters. He also has represented secured lenders, suppliers and customers in a variety of matters involving distressed automotive manufacturers and suppliers.


Blogs

BuildSmart
Bradley Arant Boult Cummings, LLP 

Significant issues can arise during the three phases of the design and construction process. Effective planning, performance and completion are critical to the success of any construction project. So is informed counsel that addresses a variety of business issues, including mergers and...

Declassified
Bradley Arant Boult Cummings, LLP 

The Declassified blog offers commentary and insights on the latest class action suits, significant class action opinions, relevant changes to laws and rules, and important class action trends. Declassified covers topics ranging from significant Supreme Court and appellate court decisions regarding...

Family Business Advocates
Bradley Arant Boult Cummings, LLP 

Bradley’s Family Business Advocates Blog is a resource for family business owners and advisors. All business owners must plan ahead, think strategically and manage risk in order for their businesses to thrive. Family business owners must also manage family dynamics in the business, build...

It Pays to Be Covered™
Bradley Arant Boult Cummings, LLP 

Bradley’s It Pays to Be Covered™ Blog discusses insurance law developments and industry trends in property and casualty insurance, including the growing cyber insurance market, coverage for drones, and blockchain exposures. We also address practical risk management strategies of interest to risk...

Patent 213
Bradley Arant Boult Cummings, LLP 

Patent law, like most things in life, is subject to change. Changes to patent laws not only impact investment in your existing IP, but directly shape strategies to protect your freedom to operate. The Patent 213 blog provides up-to-date, insightful analysis of the evolution in the written...

Tennessee Appellate Review
Bradley Arant Boult Cummings, LLP 

A successful appeal depends on counsel’s substantive understanding of appellate rules, procedures, and strategies. The Tennessee Appellate Review blog is a resource for commentary and insights on the latest state and federal appellate news. Join the conversation as we analyze decisions from the...

The Law of Order
Bradley Arant Boult Cummings, LLP 

Bradley’s The Law of Order blog serves as a general parliamentary procedure resource, providing information about creation and revision of governing documents (constitutions, bylaws, or rules), application of Robert’s Rules of Order and other procedural authorities in a variety of contexts (such as...

Underwritten
Bradley Arant Boult Cummings, LLP 

Underwritten covers topics related to life, health, disability and long-term care insurance. Our team of experienced attorneys and authors offers insight on the issues insurers face as they seek to serve their policyholders and to mitigate risk. The blog covers significant court decisions,...

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