Robert M. Fishman

Whether representing a debtor or creditor, through an informal out-of-court workout or through the bankruptcy process, he partners with his clients to find the most efficient and beneficial solution for their situation. He has represented clients in numerous industries including health care, telecommunications, manufacturing, real estate, retail, transportation, and financial services. An experienced practitioner, Bob has participated in all aspects of the bankruptcy process. He has represented trustees, debtors, creditors’ and equity committees, secured and unsecured creditors, purchasers of assets, and litigants in adversary proceedings. His extensive variety of client experience includes:

• *Lead debtor counsel to Telesphere Communications, Inc. (IL), Adventist Living Centers, Inc. (IL), Bachrach Clothing, Inc., (IL), Ingersoll, Inc. (IL), and Perpetua, Inc. (IL)
• *Appointed Special Mediator by the Court in Lauth Investment Properties, LLC (IN).
• *Lead counsel to the Chapter 7 trustees of Peregrine Financial Group, Inc. (IL), McCook Metals (IL) and Jore Corporation (MT) and the Chapter 11 trustee of Commercial Loan Corporation (IL)
• *Counsel to the Ad Hoc Committee of 2001A Bondholders in the United Airlines bankruptcy (IL)
• *Counsel to the creditors committee in Nannovation, Inc. (IL) and the equity committee in Advanced Lighting (IL)
• *Counsel to the Ad Hoc Committees of Non-Equity Partners in the cases of Keck, Mahin and Cate (IL) and Altheimer & Grey (IL)

In addition, Bob has extensive experience on behalf of both plaintiffs and defendants, in the analysis, drafting, and litigation of cases seeking the avoidance of preferential transfers and fraudulent conveyances. Examples of his experience include:

• *Lead plaintiffs’ counsel in fraudulent conveyance cases in Commercial Financial Services, Inc. (OK), Santa Fe Trail Transportation Company (IL), and BN Transport, Inc. (IL)
• *Lead plaintiffs’ counsel in hundreds of preference actions in the cases of Santa Fe Trail (IL), BN Transport (IL), Telesphere (IL), Mego Financial Corp (NV), Jore Corporation (MT) and Megafoods (AZ)

A leader in his field, Bob frequently addresses audiences on topics concerning bankruptcy, creditors’ rights issues and bankruptcy litigation.

Bob is active in many professional organizations. His current positions include: Fellow and Member of the Board of Directors of the American College of Bankruptcy; Chairman of the Mediation Committee of the American Bankruptcy Institute; Secured Creditors and U.S. Trustee subcommittees of the Business Bankruptcy Committee of the American Bar Association; Chairman of the Asset Disposition and Estate Financing Subcommittee of the Bankruptcy Litigation Committee of the Litigation Section of the American Bar Association; Bankruptcy and Insolvency Group of the National Association of Credit Managers-Oregon, Inc.; and the Chicago Bar Association.

His past leadership positions include: Chairman of the Board of Directors and President of the American Bankruptcy Institute; Commercial, Banking and Bankruptcy Law Section Council of the Illinois State Bar Association; and the Board of Directors of the George Washington University Law Alumni Association.

Bob has also been given an AV rating by Martindale Hubbell, been named an Illinois Super Lawyer by Law & Politics magazine, an Illinois Leading Lawyer by the Law Bulleting Publishing Company and listed in the area of bankruptcy by Chambers USA, a listing of preeminent lawyers in the U.S.

Bob has served as a mediator in multiple cases.  Specifically, in the chapter 11 cases of Lauth Investment Properties, LLC, et al., case no. 09-06065-BHL-11, pending in the United States Bankruptcy Court for the Southern District of Indiana (the “Lauth Cases”), he was appointed the Special Mediator by the Court to address the case-wide disputes between the Debtors and their principal investor partner, ultimately resulting in a global resolution between those parties that cleared the way for plans of reorganization to be proposed and confirmed.  Additionally, in the Lauth Cases he also handled two traditional mediations between the Debtors, the guarantors and several banks respecting motions to lift the stay, disposition of certain properties, the settlement of multiple disputed claims, and the terms for refinancing of certain loans.  Bob has also mediated other two party disputes in bankruptcy cases involving fraudulent conveyance, breach of fiduciary duty, and related type claims.  In May, 2012, Bankruptcy Judge A. Jay Cristol of the Southern District of Florida named Bob as one of two Court appointed co-mediators in the Fontainebleau Las Vegas Holdings, LLC, et al. cases to handle the numerous adversary proceedings pending in those cases.  In October 2012, Bob was retained to be the mediator in the chapter 11 case of Eastern Livestock Co., LLC (case no. 10-93904-BHL-11) pending in the United States Bankruptcy Court for the Southern District of Indiana, to engage in mediation on the issue of the reasonableness of a proposed settlement with the principal secured creditor as embodied in the plan filed by the Chapter 11 Trustee. 

Bob has extensive training in bankruptcy mediation.  He attended the inagural American Bankruptcy Institute/St. John’s University Law School Bankrutcy Mediation Training Program in December 2011, and completed the forty hour training program that focuses specifically on bankruptcy mediation.  He was a member of the faculty for the second American Bankruptcy Institute/St. John’s University Law School Bankrutcy Mediation Training Program in December 2012. 

321 North Clark Street

Suite 800

Chicago, IL. 60654

Phone:  321-980-3888

Email:   [email protected]