Chicago Office
Tel: (312) 715-5069
Fax: (312) 632-1723

Faye B. Feinstein

Partner

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 Restructuring, Bankruptcy & Creditor's 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 workouts. She is a member of the Federal Trial Bar and litigates contested matters as well as adversary actions in both state and federal court.

Legal Services

  • Bankruptcy, Restructuring, and Creditor's Rights
  • Banking & Financial Institutions
  • Bankruptcy and Creditors' Rights for Financial Institutions

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

Court Admissions

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

Professional and Civic Activities

  • Chicago Bar Association: Former chair of Bankruptcies and Reorganizations Committee (also former Education chair, Secretary, Vice chair)
  • Adjunct professor and guest lecturer, LLM Program-The John Marshall Law School
  • International Women's Insolvency and Restructuring Confederation
  • Commercial Law League of America, Bankruptcy and Creditors' Rights Committees
  • 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
  • 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
  • Former lecturer, Legal Clinic, DePaul College of Law

Professional Recognition

  • Selected as a Most Influential Woman Lawyer in Chicago by Crain's Chicago Business (2017)
  • Selected as an Illinois Leading Lawyer - Leading Lawyers Network, 2017–present (Bankruptcy & Workout: Commercial)
  • Selected for inclusion inChicago's Top Rated Lawyers (2013)
  • Selected for inclusion in Illinois Super Lawyers® (2007–present: Bankruptcy & Creditor/Debtor Rights)
  • Martindale-Hubbell AV® Peer Review Rated
  • Leading Lawyers Network Member (2008–2013)

Publications and Presentations

11/02/16
"Bankruptcy Trustees May Have Special Card to Play After Kipnis Decision"
Chicago Daily Law Bulletin

11/02/15
"Insolvency Doesn’t Justify Rewriting Agreement to Weaken Creditor’s Rights"
Chicago Daily Law Bulletin

11/13/14
"UCC filings mean what they say, even if a secured party believes otherwise"
Chicago Daily Law Bulletin

05/01/13
“No Easy Fixes for Government Distress”
Journal of Corporate Renewal

06/01/12
“Ethics in Turnaround Solvency”
Turnaround Management Association Workshop

01/01/11
“Seventh Circuit Holds Equity Receivers Not Found by State Law Priorities in Liquidating Hedge Funds”
BNA: Bankruptcy Law Reporter

12/15/10
Seventh Circuit Holds Federal Receiver Not Bound by State Law Priorities for Redeeming Investors
Commercial Bankruptcy / Appellate / Corporate Services Update

04/22/10
“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

10/01/09
Featured in article “Section 363 Sales In The US”
Financier.com

09/09/09
“General Growth: Reality Check for Real-Estate Finance Industry?”
Dow Jones Small Cap Report

03/30/09
Auto Supplier Support Program
Financial Services Task Force Update

02/02/09
Protect Liens From Preference Avoidance The Easy Way: Watch Your Timing
Commercial Bankruptcy, Restructuring & Creditors' Rights Update

05/07/08
“Recent Cases Suggest Better Practices for Documenting Obilgor Settlements”
Daily Bankruptcy Review Small-Cap: View Point

12/01/07
“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