Jay R. Indyke is the Chair of the Firm's Corporate Restructuring & Bankruptcy practice group. He has been a partner since 1998 at Kronish Lieb Weiner & Hellman LLP, which merged into Cooley LLP in 2006. He is resident in the New York office.
Mr. Indyke's practice is concentrated in the area of creditor's rights and bankruptcy. He has represented official creditors' committees in Chapter 11 bankruptcy proceedings in over 40 states and has also represented unofficial creditors' committees in out of court workouts and composition agreements in many industries, including apparel, media, sporting goods, electronics, textiles, clean technology, footwear, food service, furniture, toys and healthcare. He has represented debtors in Chapter 11 cases in the areas of international trading, internet, cable and telecommunications and the restaurant industry. He has represented purchasers of significant assets in several different industries. Mr. Indyke has also represented clients in a wide variety of bankruptcy-related litigation, and has played a significant role in the representation of equity committees.
Mr. Indyke was recognized by The Deal's Bankruptcy Insider as one of the top unsecured creditor lawyers in the United States for the past seven years, as well as being declared one of the top three bankruptcy M&A attorneys in 2010. He also was honored by Best Lawyers in America for his work in bankruptcy, creditor debtor rights/insolvency and reorganization law (2014 - 2016). Additionally, he has also been honored as one of the Super Lawyers of New York for the past several years and was inducted into the Global Credit Services Hall of Fame in 2006. Mr. Indyke was also quoted in an article in The Wall Street Journal on the impact of quick sales on the Chapter 11 bankruptcy process.
Noteworthy representations include:
- Currently represents unsecured creditors committees or liquidating trustees in RadioShack, City Sports, Fuhu, Joyce Leslie, Fresh Produce Holdings, ALCO Stores, Deb Shops, Skymall, Health Diagnostic Laboratory. Simply Fashions, Pacific Sunwear and Vestis Holdings.
- Lead attorney for the official committee of unsecured creditors of Mervyn's wherein the committee prosecuted a $1 billion fraudulent conveyance litigation against various private equity firms and financial institutions over asset stripping in a sophisticated and complex OPCO/PROPCO scheme leading to a significant settlement.
- Played a key role in negotiating a settlement with RadioShack's prepetition lenders over the proceeds of unencumbered assets, which efforts ultimately positioned the District of Delaware to confirm RadioShack's Chapter 11 plan
- On behalf of the Unsecured Creditors of ALCO Stores, maximized the value of the liquidated assets including inventory, owned real estate, real property leases and intellectual property, which efforts ultimately positioned the Northern District of Texas to confirm the plan.
- Counsel to Health Diagnostic Laboratory and received approval from the Bankruptcy Court to pursue Bankruptcy Rule 2004 examinations of various parties in connecting claims asserted with an illegal kickbacks scheme with physicians in exchange for patient referrals and bribery for fees. These claims may exceed $400 million.
- The official committee of unsecured creditors of Hancock Fabrics, the first retailer since the implementation of the 2005 bankruptcy amendments to emerge successfully as an unimpaired reorganized entity, negotiating a plan providing for a 104.93% cash distribution to unsecured creditors.
- The winning bidding consortium for the assets of Tower Records.
- Primary secured creditor, equity owner and eventual purchaser of the assets of Archetypes, a website-based business designed to enable users to identify their primary personality types and to filter community, content and commerce according to their "archetypes".
- Counsel for the creditors committee and litigation trustee in Orchard Brands leading the prosecution of an illegal dividend recap litigation against the former owners of the debtor.
- The official committee of unsecured creditors of Footstar and its Just for Feet subsidiary in the Southern District of New York, where unsecured creditors received an approximate 104% cash distribution.
- The official committee of unsecured creditors of Bob's Stores in the District of Delaware, where after securing an alternative bidder for a going concern sale of the company the unsecured creditors distribution went from a projected 30% to 98.5% cash.
- The official committee of unsecured creditors of Allied Stores Corporation in the bankruptcy of the Campeau owned Federated Department Stores/Allied combination of department store chains in the Southern District of Ohio, at the time the largest bankruptcy in the country, where the Allied unsecured creditors received a 100% return.
- The official committee of unsecured creditors of Elder Beerman Stores in Dayton, Ohio where, with a combination of equity and cash, unsecured creditors received a return which shortly after emergence was valued at approximately 128%.
- The official committee of unsecured creditors of Liberty House, the largest bankruptcy filing in the state of Hawaii, where unsecured creditors received a recovery of approximately 90%.
- Okura & Co Trading as lead restructuring counsel for the United States arm of a Japanese keiretsu, overseeing the disposition of multiple assets and disentangling relationships with affiliated entities involving the insolvency laws of the United States, United Kingdom, Japan, Canada, Germany and Hong Kong, in the Southern District of New York.
- The patient care ombudsman of Lower Bucks Hospital.
- The successful purchaser of assets of the national furniture chain Breuners/Huffman Koos/Goods in the District of Delaware.
- The trustees of an English trust in The Consumers Trust bankruptcy pending in the Southern District of New York.
- Official creditors committees in other widely known bankruptcies such as Blockbuster Video in New York, Federated Department Stores in Ohio, Florsheim Shoes in Illinois, Herman's Sporting Goods in New Jersey, Long John Silver Restaurants in Delaware, The Walking Company in California, The Athlete's Foot in New York, Boot Town in Texas, Filene's Basement in Massachusetts, Stage Stores in Texas, Levitz Home Furnishings in New York, SportsTown in Georgia, The Bombay Company in Texas, Steve & Barry's in New York, Goody's Family Clothing in Delaware, Princeton Ski Shops in New Jersey, GI Joe's in Delaware, Harvey Electronics in New York, LIfe Uniform in Delaware, Lillian Vernon in Delaware, EPV Solar in New Jersey, Pizzeria Uno in New York, Ritz Camera Centers in Delaware, Beyond Oblivion in New York, Sierra Snowboards in San Jose, CA, The Sharper Image in Delaware, United Retail Group in New York, Sbarro's in New York, Brookstone in Delaware, Eddie Bauer in Delaware, Edwin Watts Golf in Delaware, Vertis Holdings in Delaware, Orchard Brands in Delaware and Hipcricket in Delaware.
- Unofficial committees in CompUSA in Dallas Texas, Rag Shops in New Jersey, K's Merchandise Mart in Illinois, Mortt's Distributors in New Hampshire, Klein's All Sports in New York, Work 'n Gear in Massachusetts, Dunlaps in Texas, Boot Town in Texas, Ski Market in Massachusetts, and many more.
- Clients as creditors, claimants and other parities of interest in bankruptcy cases such as Enron, MCI/WorldCom, Teligent, Ames Department Stores, Cornerstone Propane, Bally Health & Fitness, National Sports Museum and Delta Airlines in New York, Linen's n' Things and Archetypes in Delaware, Hawaiian Airlines in Hawaii, Hedstrom in Illinois, Mirant in Texas, Irwin Toys in Ontario, Canada, and NewPage in Delaware.
Mr. Indyke was a partner at the boutique bankruptcy firm Siegel, Sommers & Schwartz from 1987 until 1998, when the firm effectively merged into Kronish Lieb Weiner & Hellman.
Mr. Indyke earned a JD from Brooklyn Law School in 1981 where he was named to the Moot Court Honor Society. He received his BA, graduating magna cum laude, from the University at Albany in 1978. He was an adjunct professor at New York University for eleven years where he taught courses in Debtor/Creditor Law.
Mr. Indyke frequently addresses creditor groups, corporate credit departments and many conventions and conferences regarding creditors' rights and bankruptcy matters. Mr. Indyke has been addressing the most significant changes to the United States bankruptcy laws over twenty years, engendered by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. He co-authored the two part article "New Bankruptcy Amendments: Major Changes Shift Leverage in Favor of Special Interests" appearing in the July/August and September 2005 issues of the ABF Journal, as well as the 2006 Journal of Bankruptcy Law and Practice. He has also co-authored the article "Ending the 'Hypothetical' vs. 'Actual' Test Debate: A New Way to Read Section 365 (c)(1)", which appeared in the April 2007 issue of the Journal of Bankruptcy Law and Practice. He co-authored an article for the American Bankruptcy Institute Journal titled "Views on Retailer Bankruptcies" in November 2008, and he co-authored an article appearing in the November/December 2010 issue of the ABF Journal entitled, "Saving the Brand: How Retailers Can Avoid Liquidation." He co-authored an article appearing in the October 2012 Intellectual Property & Technology Law Journal on a significant bankruptcy ruling impacting trademark licenses. He authored the article "U.S. Supreme Court says Secured Creditors have Unqualified Right to Credit Bid for Collateral in Chapter 11 Asset Sales" in the September 2013 issue of The Banking Law Journal. He has recently lectured credit groups in the sporting goods, footwear, food and drug, ski and winter goods, electronics, advertising and manufactured homes industries at various presentations throughout the country on the new bankruptcy amendments, the impact of second lien debt on restructurings, growth of hedge fund and private equity investment, cross-border insolvencies and the prospects for the reorganization of companies in the challenging economic climates. He was recently a panelist with sitting bankruptcy judges of the 7th Annual Association of Insolvency & Restructuring Advisors Conference and of the American Bankruptcy Institute's - Delaware Views from the Bench and Bar and has been a panelist on webinars in 2014 and 2015 on the topic of structured dismissals.
Mr. Indyke is admitted to practice before the U.S. Court of Appeals for the First and Second Circuits, the U.S. District Court for the Northern, Eastern and Southern Districts of New York, the Eastern District of Wisconsin and New York State. He is a member of the New York State Bar Association, the American Bar Association and the American Bankruptcy Institute.
- Brooklyn Law School
JD, 1981, Moot Court Honor Society
- State University of New York at Albany
BA, 1978, magna cum laude
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. District Court, Eastern District of New York
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- American Bankruptcy Institute
- American Bar Association
- New York State Bar Association