Robert Gerber
Robert Gerber was a federal bankruptcy judge for the United States District Court for the Southern District of New York.[1] He was appointed to the court in 2000 and his current term was set to expire in 2028.[2] In November 2014, Gerber retired from the bench. He served on recall status until January 22, 2016.[3][4]
Education
Gerber earned his bachelor's degree from Rutgers University, from which he graduated with high honors in 1967. He received his J.D. degree, magna cum laude, from Columbia University in 1970, where he was also a Harlan Fiske Stone and James Kent Scholar.[5]
Career
After law school, Gerber joined the Fried Frank law firm and worked there for thirty years with twenty-two of them as a partner from 1970 to 2000. From 1970 to 1989, Gerber worked as legal counsel in many securities and commercial cases, along with bankruptcy matters, and also had a strong load of pro-bono cases. Gerber's case work included successful representation, especially over ten years in post-conviction proceedings of a Florida inmate who was sentenced to the death penalty. Gerber practiced nearly entirely in the bankruptcy area from 1989 to 2000 representing debtors and creditors in about equal numbers, principally in large chapter 11 cases.[1]
Noteworthy cases
Restructuring of General Motors (2009)
- See also: United States bankruptcy court, Southern District of New York (In Re General Motors Corp., et al., 09-50026-REG)
- See also: United States bankruptcy court, Southern District of New York (In Re General Motors Corp., et al., 09-50026-REG)
On July 6, 2009, Judge Gerber allowed the sale of General Motors to go forward as GM could be sold to NGMCO, an entity funded by the United States Department of the Treasury. Judge Gerber's order included a four-day stay before closing of the sale could occur. GM was struggling with a sharp fall in U.S. auto sales amid the recession and filed for chapter 11 bankruptcy protection on June 1, 2009, to keep the company operating and to re-organize their debts under chapter 11.[6]
As part of the terms with the closing of the sale transaction, NGMCO changed its name to General Motors Company and continued to operate under GM's corporate and sub brands. The existing General Motors Corporation changed its name to Motors Liquidation Company. The new GM was still headquartered in Detroit and was led by Fritz Henderson as president and CEO and Edward E. Whitacre, Jr. as chairman of the GM Board of Directors.[6] On July 7, 2009, Judge Gerber denied a fast-track appeal to expedite the sale of GM's good assets.[7] In 2012, Gerber began presiding over a suit filed by a trust representing GM's unsecured creditors against GM. The suit centers around payments GM made to hedge funds in 2009 in return for dropping of the funds' claims against GM's Canadian subsidiary. Gerber said he was unaware of the deal, despite its disclosure in an SEC filing on the day GM sought Chapter 11 protection.[8]
LyondellBasell chemical company (2009)
- See also: United States bankruptcy court, Southern District of New York (In Re Lyondell Chemical Company, et al., 09-10023-REG)
- See also: United States bankruptcy court, Southern District of New York (In Re Lyondell Chemical Company, et al., 09-10023-REG)
Judge Gerber presided over the bankruptcy of LyondellBasell, a case that started in 2009.[9] While the company emerged from bankruptcy in 2010, elements of the case, such as claims by the litigation trust against former shareholders, employees, and management of LyondellBasell, spent years pending resolution.[10]
Other cases
Gerber has previously presided over the bankruptcies of Adelphia and Ames Department Stores.[11]
See also
External links
Footnotes
- ↑ 1.0 1.1 Southern District of New York, "Gerber Biography," accessed February 4, 2015 See profile
- ↑ Columbia Law School, "Adjunct Professor profile," accessed February 4, 2015
- ↑ Reuters.com, "Bankruptcy judge in GM case to retire, remain on recall status," November 17, 2014
- ↑ U.S. Bankruptcy Court for the Southern District of New York, "Judge Robert E. Gerber," accessed March 29, 2017
- ↑ Martindale.com, "Judge Profile: Robert E. Gerber," accessed February 4, 2015
- ↑ 6.0 6.1 Automotive Business Review, "Federal Judge Approves GM Assets’ Sale," July 7, 2009
- ↑ Detroit News, "Federal judge denies motion to fast track appeal of GM sale," July 7, 2009
- ↑ The Wall Street Journal, "Creditor Lawsuit Could Undo Elements of 2009 GM Bailout," September 27, 2012
- ↑ Bankruptcy Law Review, "Hot Topics in Bankruptcy: Fraud Claims, Safe Harbor, LBOs and LyondellBasell," March 5, 2013
- ↑ Bankruptcy Law Review, "Chapter 11: An Imperfect Vessel in a Perfect Storm (A Reprise)," March 9, 2013
- ↑ Bankruptcy Law Review, "Hot Topics in Bankruptcy: Conflicts in the Courts," February 24, 2013
