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   3David P. LeibowitzChicago(312) 360-1501dleibowitz@lakelaw.comdleibowitz@lakelaw.comLakelawwww.lakelaw.comwww.lakelaw.comleibowitzdavid.jpgBankruptcy Law: IndividualBankruptcy & Workout Law: CommercialForeclosure Defense Law
David P.
53 W Jackson Blvd Ste 1610
Chicago IL 60604
Ph.(312) 360-1501 Fx.(312) 360-1502
Recommended by peers in:
Bankruptcy Law: Individual
Bankruptcy & Workout Law: Commercial
Foreclosure Defense Law
County:  Cook
Litigator:  Yes

Practice Description:  
Mr. Leibowitz founded Lakelaw in 1999 after more than 25 years of distinguished practice in Chicago. He is active in all practice areas of the firm. His core competence is in bankruptcy law, and he is proficient in most aspects of financial law. He is the only lawyer in Northern Illinois or Southern Wisconsin board certified both as a business bankruptcy lawyer and as a consumer bankruptcy lawyer. In recent years, he has achieved national recognition for his work in dealing with predatory mortgages both in and out of bankruptcy court. In addition, he has spearheaded Lakelaw's growth as a consumer advocacy law firm and as an interstate law firm with five offices in Illinois and Wisconsin.

Mr. Leibowitz has handled virtually all aspects of bankruptcy work from complex chapter 11 cases representing debtors, creditors' committees, and secured creditors to consumer bankruptcy cases in chapter 7 and 13. He has won numerous adversary proceedings in bankruptcy court as well as a wide variety of civil matters.

He also successfully pursued a multimillion dollar labor class action on behalf of a class of retirees, receiving recognition for this work in the Chicago Tribune and the Daily Herald.

Mr. Leibowitz is proficient in French and Spanish and regularly conducts business with his clients in the Spanish language.

Mr. Leibowitz is Managing Member of Lakelaw's Illinois offices and is a Partner in Lakelaw's Wisconsin offices.

Notable Cases and Results:  
    • In re McDonough Associates, Inc. (chapter 7 trustee for leading Chicago civil engineering firm and related litigation)
    • IFC Credit Corporation (chapter 7 liquidation of leading national leasing corporation)
    • IFC Credit Corporation, 633 F.3d 315 (7th Cir. 2011) (bankruptcy court jurisdiction)
    • IFC Credit Corporation v. First Chicago Bank and Trust, 422 B.R. 659 (Bankr. N.D. IL 2010) (Directors and Officers Insurance Injunction Litigation)
    • In re Clark (Rameker v. Clark), 714 F.3d 559 (7th Cir. 2013) (on brief for amicus NABT -- certiorari granted by Supreme Court)
    • Leibowitz v. Parkway Bank & Trust Co. (In re Image Worldwide). 139 F.3d. 574 (7th Cir. 1998)
    • Leibowitz v. Saleh. 1994 Bankr. LEXIS 29 (Bankr. ND IL)
    • Leibowitz v. Tanglis. (Bankr. ND. IL 2006 Bankruptcy -- denial of discharge after trial)
    • In re Kobus. (Bankruptcy - bad faith chapter 13 conversion)
    • In re UNR Industries, Inc.. 736 F.2d 1136 - 7th Circuit. 1984 (legal representative appeal)
    • Gabellini v. Rega. 724 F.2d 579 (7th Cir. 1984)
    • Kramer v. Exchange National Bank of Chicago. 118 Ill. 2d 277, 515 N.E. 2d 57, 113 Ill. Dec. 248 (1987)
    • In re Straight Arrow Products, Inc.. (Chapter 11 creditors committee - 100% plan)
    • In re Michael Sparks. (Chapter 11 Debtor - real estate development debtor plan confirmed and fully executed after contested confirmation hearing)
    • In re Wax Trax Records. (Chapter 11 - independent recording company plan confirmed after negotiation)
    • In re Process Control Technologies. (Chapter 11 plan - manufacturing Debtor - plan confirmed resulting in 60% to unsecured creditors and ultimate sale of company for substantial value to debtors' principals)
    • In re KMart Co.. Representation of 30 counties of the State of Georgia resulting in recovery of millions in ad valorem property taxes
    • In re Delphi Corp. Representation of LG Philips LCD in connection with their multimillion dollar post-petition contract - advised on all aspects of Debtor's reorganization case, now confirmed.

Bar Admissions:  

Professional Certifications:
Certified Business and Consumer Bankruptcy Attorney by American Board of Certification

Year of Birth:  1950

Law School:  Loyola University School of Law, J.D.
Law School Honors/Involvement:  Cum laude; Alpha Sigma Nu (Jesuit Honor Society)

Undergraduate School:  Northwestern University, B.A.

Employment History:  
  • Schwartz, Cooper, Kolb & Gaynor, partner
  • Freeborn & Peters, partner, head of bankruptcy practice
  • Upright Litigation LLC , general counsel, national consumer litigation firm
  • Chicago RTA Task Force, study group member, 1971
  • Port Authority of NY and NJ, economic analyst, 1970

Bar/Professional Association Involvement:  
  • American Bar Association
  • American Bankruptcy Institute
  • Chicago Bar Association
  • Commercial Law League of America
  • Illinois State Bar Association
  • Kenosha County Bar Association
  • La Crosse County Bar Association
  • Lake County Bar Association
  • National Association of Bankruptcy Trustees
  • National Association of Consumer Bankruptcy Attorneys

Awards; Honors; Distinctions:
      • United States District Court for the Northern District of Illinois and Federal Bar Association Pro Bono Service Award, 2006
      • Lake County Bar Association Volunteer Legal Program Pro Bono Award, 2007
      • "Top-Rated Foreclosure Defense Attorneys in the U.S."
      • Avvo Top Bankruptcy Lawyers
      • Martindale-Hubbell AV® Peer Review Rating
      • Illinois Super Lawyer®
      • Leading Lawyers Member selected by peers in Bankruptcy Law: Individual, Bankruptcy & Workout Law: Commercial, and Foreclosure Defense Law

Community Involvement:  
  • Highland Park Library Board of Trustees
    • Former president
  • North Shore School District 112
    • Former president
    • Former member
  • South Central Community Services, Inc.
    • Board of Directors, former member

Published Legal Writing:  
  • "Fiduciary Duties of Chapter 7 Trustees in Surplus Cases," American Bankruptcy Institute Journal, April 2014
  • "Pre-Petition Receiverships Can Impede Real Estate Reorganization," American Bankruptcy Institute Journal, December 2013
  • "How Many 'Heads on Beds' Are in Your Chapter 13 Household?" American Bankruptcy Institute Journal, November 2012
  • "Stern v. Marshall: A Constitutional Conundrum," American Bankruptcy Institute Journal, (Selected as "Best of the Year Article"), October 2011
  • Author with Mark Rossi, "Current Mortgage Issues in Chapter 13," Norton's Annual Survey of Bankruptcy Law 2011
  • "Can a Fully Unsecured Lien Be Stripped in Chapter 13 without Discharge?" American Bankruptcy Institute Journal, July-August, 2011
  • Editor in chief and one of several authors, American Bankruptcy Institute Fraud Manual
  • Filing Chapter 13, What you need to know, Aspartore Books, 2011
  • "The Business Corporation Act's Remedy for Insolvency," The Corporate Lawyer, newsletter of the Illinois State Bar Association, 2011
  • Author and editor, American Bankruptcy Institute Fraud Manual, 2010
  • Illinois Mortgage Foreclosure: What you need to Know, Thompson Reuters, 2010
  • "2009 Survey of Residential Mortgage Issues in Consumer Bankruptcy Cases," Norton's Annual Survey of Bankruptcy Law 2009
  • "Secured Debt Alone Cannot Constitute Abuse under §707(b)(3) XXVIII," American Bankruptcy Institute Journal 9, 38, 39, 75, November 2009
  • "Residential Mortgage Issues in Consumer Bankruptcy Cases," Norton's Annual Survey of Bankruptcy Law 2008
  • "Residential Mortgage Issues in Consumer Bankruptcy Cases," Norton's Annual Survey of Bankruptcy Law 2008
  • "Vehicle Ownership Expense Deduction: Fixed Allowance or Cap on Actual Expense?" American Bankruptcy Institute Journal, July/August, 2008
  • "Withdrawals from Tax-deferred Retirement Accounts: Included in Current Monthly Income," American Bankruptcy Institute Journal 12, June, 2008
  • Bankruptcy Claims and Exemptions, Illinois Institute for Continuing Legal Education (IICLE)
  • Bankruptcy Aspects of Divorce, IICLE
  • Bankruptcy Aspects of Asset Protection, IICLE
  • "Bankruptcy Aspects of Divorce," ABA Family Advocate
  • "One Lawyer's Renaissance," ABA Law Practice Management
  • "TILA is your Friend," NABTalk, 2006

Legal Lectures:  
  • "Ethics of Debt Relief Agencies and Consumer Bankruptcy," American Bankruptcy Institute Chicago Consumer Bankruptcy Conference, 2014
  • "Trustee Duties and Debtor's Responsibilities," Minnesota Bar, 2014
  • "Best Practices Report on Electronic Discovery (ESI) Issues in Bankruptcy Cases," American Bar Association -- Electronically Stored Information Working Group, 2013
  • "Beyond HAMP and HARP -- What's Next," American Bankruptcy Institute Annual Spring Meeting, 2012
  • "Mortgage Nuts and Bolts in Bankruptcy," Kansas Bar Association, 2012
  • "Messy Mortgage Muddle -- Recurring Issues," American Bankruptcy Institute Annual Spring Meeting, 2011
  • "Trustee Ethics," Minnesota Bar, 2011
  • "Chapter 7 Trustees' Duties and Debtors' Responsibilities," Southeast Bankruptcy Law Institute, Atlanta, 2011
  • "Is It or Isn't It -- Property of the Estate?" American Bankruptcy Institute Chicago Consumer Bankruptcy Conference, 2010
  • "Defense of Chapter 7 Trustee Actions," National Association of Consumer Bankruptcy Attorneys, 2010
  • "Representing Small Business Clients," ABI/UMKC Midwestern Bankruptcy Institute, 2009
  • "Limitations on Discrimination against Debtors," Lou Jones Breakfast, Bankruptcy Court -- Eastern District of Wisconsin, 2009
  • "Truth in Lending Act and Other Defenses to Mortgage Foreclosure," Lake County Bar Association, 2008
  • "Predatory Lending," Arizona State Bar, 2008
  • "Discharge and Dischargeability," Chicago Bar Association Bankruptcy Committee, 2008
  • "Bankruptcy Boot Camp," Commercial Law League of America, 2008
  • "Wisconsin Moves Forward to Address Foreclosures," Federal Reserve Bank of Chicago and Wisconsin Housing and Economic Development Authority, Mortgage Foreclosure Response, 2008
  • "Truth in Lending Act and Other Defenses to Mortgage Foreclosure," 2008
  • "Trustee Claims in Predatory Lending," National Association of Bankruptcy Trustees, 2008
  • "Predatory Lending," Wisconsin Bar, 2008
  • "Detecting Fraud in Chapter 7 Cases," American Bankruptcy Institute Commercial Fraud Task Force, 2007
  • "Bankruptcy Aspects of Probate Administration," Lake County Bar Association, 2007
  • "Bankruptcy for General Practitioner," Kenosha County Bar Association, 2007
  • "Trustee Administration A-Z," National Association of Bankruptcy Trustees, 2007
  • "Real estate issues in chapter 7 trustee cases," American Bankruptcy Institute Real Estate Committee, 2004
  • "Thinking outside the Box," National Association of Bankruptcy Trustees, 2006
  • "Bankruptcy for General Practitioner in Light of BAPCPA," 2005
  • "International Bankruptcy," Chicago Bar Association, 2002
  • "Mongolia Bankruptcy Project," International Law Institute, World Bank, 1999-2000

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