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Chicago, Illinois 60654

(312) 715-5069
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  Commercial Bankruptcy, Restructuring and Creditors’ Rights
  Lender Liability

Professional Experience
Faye Feinstein practices nationally in the areas of bankruptcy, creditors’ rights, secured transactions, commercial/corporate restructuring and related litigation. She is head of our Chicago office’s Commercial Bankruptcy, Restructuring & Creditors’ Rights Group. She is currently serving as the Federal Court appointed Receiver in a Securities and Exchange Commission litigation brought against an investment management company and in that capacity is managing the wind-down of seven related receivership estates.

She has substantial experience in out-of-court restructuring, workouts and liquidations, including assignments for the benefit of creditors, representing parties on all sides of those matters, including secured and unsecured creditors, receivers and assignees for the benefit of creditors. Her experience includes negotiating and drafting loan origination and workout documentation for lender clients, and representation in related enforcement litigation. She also represents debtors, secured creditors, unsecured creditors, creditors’ committees, trustees, equity holders, defendants in adversary actions filed in bankruptcy court and purchasers of assets from troubled companies, including through sales under section 363 of the Bankruptcy Code, and owners, developers and managing agents on lease issues in bankruptcy cases and work-outs. She is a member of the Federal Trial Bar and litigates contested matters as well as adversary actions in both state and federal court.

Education and Honors
  • New York University School of Law (J.D., 1984)
  • Brooklyn College (B.A., summa cum laude, 1973)
    Phi Beta Kappa.
Bar Admissions
Illinois, 1984

Court Admissions
U.S. Court of Appeals, 7th Circuit
U.S. District Court, Northern District of Illinois, 1994
U.S. District Court, Eastern District of Wisconsin, 1994

Professional Recognition
Selected for inclusion in Chicago’s Top Rated Lawyers (2013).

Selected for inclusion in the 2007-2014 Illinois Super Lawyers® lists (Bankruptcy & Creditor/Debtor Rights).

Martindale-Hubbell AV® Peer Review Rated.

Leading Lawyers Network member (2008-2013).

Professional and Civic Activities
Chicago Bar Association: Former chair of Bankruptcies and Reorganizations Committee (also former Education chair, Secretary, Vice chair); Turnaround Management Association: Former member - International Board of Directors, Former chair - National Diversity Committee, Former chair - National Professional Women’s Networking Group, Chicago/Midwest Chapter, Former president, Former chair - Professional Women’s Networking Group; Commercial Law League of America, Bankruptcy and Creditors' Rights Committees; International Women’s Insolvency and Restructuring Confederation.

Teaching Appointments
Adjunct professor and guest lecturer, LLM Program–The John Marshall Law School; Speaker–PLI; former instructor, Continuing Professional Education (“CPE”); former instructor, certification review for turnaround professionals through the Turnaround Management Association; former lecturer, Legal Clinic, DePaul College of Law.

Selected Presentations/Publications
  • Mercantile Bancorp, Investors Agree On $23M Ch. 11 Sale,” Law360, September 24, 2013.

  • Ill. Regulator Slams Triad's Bid To Rush $780M Tax Fight,” Law360, September 5, 2013.

  • Guest Editor, “No Easy Fixes for Government Distress,” Journal of Corporate Renewal, May 2013, at 3.

  • Co-presenter (with Sarah Baker), “Ethics in Turnaround Solvency,” Turnaround Management Association Workshop, June 1, 2012. 

  • Co-author (with Christopher Combest), “Seventh Circuit Holds Equity Receivers Not Found by State Law Priorities in Liquidating Hedge Funds,” BNA: Bankruptcy Law Reporter, 2011.

  • Panelist, “Unsure At any Speed: Understanding the Rights and Obligations of Suppliers and Other Parties to Contracts with Troubled Companies – Lessons from the Auto Industry,” Spring Meeting of the American Bar Association’s Business Bankruptcy Committee, April 22, 2010.

  • Featured, “Section 363 Sales In The US,”, October 2009.

  • Co-author (with Christopher Combest), “General Growth: Reality Check for Real-Estate Finance Industry?,” Dow Jones Small Cap Report, September 9, 2009. 

  • Co-author (with Christopher Combest), “Recent Cases Suggest Better Practices for Documenting Obilgor Settlements,” Daily Bankruptcy Review Small-Cap: View Point, May 7, 2008.

  • Co-author (with Lauren Nachinson), “Wire Transfers May Protect Shareholders in LBOs: 3rd Circuit Says Payments by Financial Institutions Are Unavoidable,” The Journal of Corporate Renewal, Vol. 21/No. 2 February 2008.

  • Co-author (with Melanie Rovner Cohen), “The Effect of the Bankruptcy Code Amendments on Initial Viability Analyses,” The Newsletter of Corporate Renewal (Turnaround Management Association: Chicago/Midwest Chapter), March/April 2007.

  • Co-author (with Melanie Rovner Cohen), “When Rules Collide,” Daily Bankruptcy Review Small-Cap: View Point, Mar. 2, 2005; Co-author (with Melanie Rovner Cohen), “The 'A B Cs' of Preference Recoveries,” Daily Bankruptcy Review Small-Cap: View Point, Mar. 7, 2007.

  • Co-author (with Melanie Rovner Cohen and Christopher Combest), “Court Puts Leaseholds at Risk in Section 363 Sales: Qualitech Decision Calls Tenants’ Rights into Question,” Turnaround Management Association, Dec. 2004.

  • Co-author (with Allan Sweig), “Out-of-Court Alternatives,” Colliers Bankruptcy Practice Guide, ch. 18, 1990.

  • Co-author (with Allan Sweig), “Joint Administration and Consolidation,” Colliers Bankruptcy Practice Guide, ch. 3, 1990.

  • Co-author (with Melanie Rovner Cohen), “Real Estate in Bankruptcy,” Basic Real Estate (Illinois Institute for Continuing Legal Education), 1990 and Supp.

  • Co-author (with Melanie Rovner Cohen), “Attacking the LBO as a Fraudulent Conveyance,” M & A Today, Nov. 20 and 27, 1989; “What to Do When Your Defendant Files Bankruptcy,” Plaintiffs' Employment Lawyers’ Association Newsletter, Fall 1989.

  • Co-author (with Melanie Rovner Cohen and Susan Morgan), “Tax Treatment of Real Estate in Bankruptcy,” Federal Tax Aspects of Real Estate Transactions (Illinois Institute for Continuing Legal Education), 1987.

  • Co-author (with Melanie Rovner Cohen), “The Bankruptcy Reform Act of 1978 as Amended by the Bankruptcy Amendments and Federal Judgeship Act of 1984,” Bankruptcy Practice (Illinois Institute for Continuing Legal Education), 1985 and Supp.

  • She is also a contributing author for the Commercial Law League of America, Bankruptcy Section newsletter.