Tampa Office
Tel: (813) 387-0263
Fax: (813) 387-1763
Chicago Office
Tel: (312) 715-5068
Philip V. Martino
Partner
Philip Martino concentrates his practice in commercial bankruptcy litigation. Since January 1990, Mr. Martino has been a member of the panel of bankruptcy trustees for the Northern District of Illinois. As trustee and as attorney for the trustee, he has been involved in virtually all aspects of Chapter 11 and Chapter 7 bankruptcies. In re Giordano's Enterprises, he was appointed chapter 11 trustee and oversaw the restructuring of a company with substantial franchising, real estate, and restaurant businesses. Ultimately, the stabilized assets were sold for over $70 million.
Mr. Martino has represented national and regional banks and financial institutions as secured, undersecured, and unsecured creditors in all types of workouts, both in and out of court. These representations have included manufacturing facilities (with real, personal, and intellectual property), distribution centers, and all types of real estate.
Mr. Martino has represented a number of franchisors in connection with chapter 7 and chapter 11 franchisee bankruptcies. The issues raised in those cases include the enforceability of arbitration agreements or covenants not to compete; jury waiver clauses; the rejection of franchise agreements; the assumability and assignability of franchise agreements; successor liability; whether a franchise agreement and corresponding real estate and equipment leases must be treated as a single contract; whether equipment leases are legally leases or are disguised sales; and contested confirmation hearings.
Mr. Martino has extensive experience in single-asset real estate bankruptcies, having represented lenders, developers, and lien holders. He successfully defended the largest former shareholders against federal and state fraudulent conveyance actions brought by the debtor in bankruptcy litigation involving the leveraged buyout of a large chain of department stores. Mr. Martino also has successfully defeated a number of attempts to subject insurance insolvency proceedings to the jurisdiction of the federal bankruptcy courts.
Mr. Martino has spoken on various bankruptcy and litigation issues at seminars presented by the Illinois Institute of Continuing Legal Education, the Chicago Bar Association (Foreign Investment in Real Property Sub-Committee and the Real Property Finance Sub-Committee), and the American Bar Association Forum on Franchising as well as by for-profit companies.
Legal Services
· Bankruptcy, Restructuring, and Creditor's Rights
· Banking & Financial Institutions
o Bankruptcy and Creditors' Rights for Financial Institutions
· Franchise & Distribution
Education and Honors
· Syracuse University College of Law (J.D., magna cum laude, 1982)
o Order of the Coif
o Syracuse Law Review (Executive Editor, 1981–1982; Staff Member, 1980–1981)
· American University (B.S.B.A., 1979)
Bar Admissions
· Illinois
· Florida
Court Admissions
· U.S. Court of Appeals, 7th Circuit
· U.S. Court of Appeals, 8th Circuit
· U.S. Court of Appeals, 11th Circuit
· U.S. Bankruptcy Court, Middle District of Florida
· U.S. Bankruptcy Court, Northern District of Illinois
· U.S. Bankruptcy Court, Northern District of Florida
· U.S. Bankruptcy Court, Southern District of Florida
· U.S. District Court, Northern District of Illinois
· U.S. District Court, Middle District of Florida
· U.S. District Court, Northern District of Florida
Professional and Civic Activities
· American Bar Association (Member)
· Hillsborough Bar Association (Member)
· Tampa Bay Bankruptcy Bar Association (Member)
· National Association of Bankruptcy Trustees (Member)
Professional Recognition
· Martindale-Hubbell AV®Preeminent™ Peer Review Rated
· Selected for inclusion in Florida Trend magazine's "2011 Florida Legal Elite" list
· Listed in The Best Lawyers in America® (2013–present: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law)
· Selected for inclusion in Florida Super Lawyers® (2006, 2008–2009, 2011–2016: Bankruptcy & Creditor/Debtor Rights)
· Selected for inclusion in Illinois Super Lawyers® (2009, 2012–present: Bankruptcy & Creditor/Debtor Rights)
Publications and Presentations
06/14/16
"In re Erskine: Debtor Attempts to Exclude Assets Held in 'Tennessee Asset Protection Trust’"
Steve Leimberg's Asset Protection Planning Newsletter
12/04/14
"Asset Protection and Bankruptcy: What Estate Planners Need to Know"
American Law Institute CLE Program
10/10/14
"Restaurant Bankruptcies – 'Should I Make a Reservation Now?': Assumption of Franchise Agreements – A Survey of the Federal Circuits"
ABA Business Bankruptcy Committee Meeting at the National Conference of Bankruptcy Judges, Chicago, IL
10/10/14
"Restaurant Bankruptcies – 'Should I Make a Reservation Now?'"
ABA Business Bankruptcy Committee Meeting at the National Conference of Bankruptcy Judges, Chicago, IL
10/10/14
"Restaurant Bankruptcies – 'Should I Make a Reservation Now?' Restaurant Revenues as Cash Collateral"
ABA Business Bankruptcy Committee National Conference of Bankruptcy Judges
09/10/14
"A Wake-Up Call for Self-Settled Trusts and Spendthrift Provisions"
Steve Leimberg's Asset Protection Planning Newsletter
09/08/14
"In re Castellano: A Wake-Up Call for Self-Settled Trusts and Spendthrift Provisions"
Steve Leimberg's Asset Protection Planning Newsletter
09/08/14
Foreclosure issues in the wake of the subprime/financial crisis
Westlaw Journal Bank & Lender Liability
08/05/14
"In re Icenhower"
Steve Leimberg's Asset Protection Planning Newsletter
08/01/14
"A Guide for Nonprofit Organizations: Bankruptcy Issues"
CHAPTER 2 – PETITIONING FOR BANKRUPTCY (Chapter 7 Liquidation pages 26-34)
08/01/14
"A Guide for Nonprofit Organizations: Bankruptcy Issues"
CHAPTER 3 – SPECIAL CONSIDERATIONS FOR NONPROFITS (Treatment of Records pages 56-61)
08/01/06
"Pay Attention to Bankruptcy Sales Procedures - Or Else"
Pratt's Journal of Bankruptcy Law, Volume 2 Number 3
04/01/99
"Marital Bank Accounts as Entireties Property What is the Current State of Florida Law?"
The Florida Bar Journal, Volume LXXIII, No. 4