Practice Expertise
Areas of Practice
- Commercial Finance
- Fiduciaries, Receivers & Trustees
- Government & Regulatory Law
- Insolvency & Financial Law Group
- Litigation View More
Profile
Steve Jakubowski is a Shareholder in the Firm's Chicago office. He is a member of the Insolvency & Financial Law, Commercial Finance, Litigation, and Government, Regulatory & Administrative practice groups, with his main practice concentration being in distressed workouts, bankruptcies, receiverships, and related ancillary litigation.
He has served as lead and co-lead counsel in bankruptcy cases nationwide from Delaware to Hawaii on behalf of chapter 11 debtors, official and ad hoc creditors' and equity committees, distressed asset acquirors, and post-confirmation litigation trustees. These matters have involved him in a variety of industries, including: biotech; commercial real estate; premium fitness clubs; dairy and pig farms; chicken and beef slaughterhouses; farming; department stores; restaurant chains; convenience stores; metal fabricators; equipment lessors; and wholesale food manufacturing, packaging, and distribution.
Steve has remained a corporate lawyer to several companies following their out-of-court restructuring or bankruptcy reorganization.
Education
- University of Chicago Law School, J.D.
- Union College, B.S., Biology
Areas of Practice
- Commercial Finance
- Fiduciaries, Receivers & Trustees
- Government & Regulatory Law
- Insolvency & Financial Law Group
- Litigation
Professional Career
Of Debtors and Acquirors
- Represented a debtor in obtaining from the bankruptcy court within nine days after a scheduled 363 sale hearing a permanent injunction compelling the buyer and its parent to close on the buyer's stalking horse bid for substantially all the debtor's assets
- Lead co-counsel in fraudulent transfer and breach of duty litigation involving a subprime auto company, resulting in $150 million in total settlements of behalf of bankruptcy estate
- Successful out-of-court workout for large international fitness club group of multistate US-based premium fitness clubs with over $100 million invested and substantial vendor and landlord lease termination claims
- Confirmed investor reorganization plan after effectuating a consent solicitation that removed the entrenched management team who filed for bankruptcy in order to sell the company's assets in a 363 sale to foreign investors
- Successful out-of-court wind down of 120 year old publisher of parish bulletins which maximized the value of the company's assets and minimized administrative expense
- Negotiated favorable plan settlements with three separate senior secured lenders to three large development parcels in Hawaii valued at over $75 million following the close of a contested confirmation hearing involving multiple appraisal and zoning experts
- Represented a Chinese publicly traded company that purchased hundreds of legacy pig farms in China worth over $50 million from a US-based public company in a 363 sale
- Represented multiple successful and backup bidders in assignment for the benefit of creditors and 363 bankruptcy sales
- Represented multiple medical practices in negotiations with private equity acquirors
Of Creditors' Committees and Ad Hoc Creditor and Equity Committees
- Representation of Creditors' Committees in multiple cases, including in cases involving: a 7,500 cow dairy farm; a major regional snack food manufacturer and distributor; a national branded retail ice cream manufacturer and with multiple retail store outlets; a popular donut franchisor; an EB-5 funded state-of-the-art slaughterhouse, packing, and distribution facility; and a 26,000 acre farming operation and grain dealer operation processed food and agricultural industries, and in all cases obtaining significant carve-outs for the benefit of unsecured creditors despite the senior lender being undersecured in every case
- Represented ad hoc committee of public shareholders in stopping pre-negotiated credit bid sale to private equity group, resulting in consensual plan of reorganization funded with shareholder investment capital
- Represented ad hoc committee of majority shareholders in removing management through a consent solicitation on the eve of a bankruptcy filing that would have resulted in a 363 sale of the company's assets to a competitor
Of Creditors
- Represented mezzanine lenders in multiple UCC foreclosures of mezzanine borrowers
- Represented asset-based lenders in forbearance negotiations and UCC foreclosures
- Obtained agreed-upon dismissal of Chapter 11 involuntary bankruptcy case filed within 60 days after involuntary petition filed
- Represented Chicago Bulls Hall-of-Famer in recovering $10 million from investment advisor's bankruptcy estate
- Initiated state receivership proceedings for lender clients
- Represented bondholder trustee in oil and gas bankruptcy
- Represent lender in battle regarding priority to assignment of rents
- Negotiated DIP lending facilities and related cash collateral / adequate protection orders for senior and junior secured lenders
- Litigated multiple contested cash collateral/adequate protection and related lift stay hearings
- Represented Chicago Bulls Hall-of-Famer in recovering $10 million from investment advisor's bankruptcy estate
Of Defendants in Adversary Proceedings
- Negotiated $150,000 nuisance value settlement of a fraudulent transfer / breach of fiduciary duty action seeking $17 million in damages from German-based clients
- Negotiated favorable settlements and defenses of businesses sued by trustees in numerous cases for avoidance of alleged preferential and fraudulent transfers
Professional Activities and Experience
- Martindale-Hubbell - "AV Preeminent" Peer Review Rated 2012-2025
- The Best Lawyers in America® in the area of Bankruptcy & Creditor Debtor Rights, Insolvency & Reorganization Law, 2025 Edition
- Illinois Super Lawyers, Corporate Bankruptcy and Restructuring, 2015-Present
- Chicago Community Kollel, Tree of Life Awardee, 2001
Articles
- Beware the Post-COVID Revenge of the Mezz Lender
- Bankruptcy Litigation Blog 2.0
- New Law Makes Chapter 11 Bankruptcy An Attractive Option for Small Businesses in Distress
- Changes to Federal Bankruptcy Law Will Reduce Your Preference Risk
- Private Equity Lender Forced to Defend Strict Foreclosure After Court Sustains Multi-Count Complaint
- Standards for Awarding Attorney's Fees Under Section 506(c)
- 2011 Advanced Licensing Agreements
- The Continuing Impact of the General Motors and Chrysler Bankruptcies Presented at Perrin Asbestos Conference
- Treatment of IP Licenses in Bankruptcy
- Legal Ethics and Web 2.0: Revisiting the "Law of the Horse"
- The Cytomedix Story: From Bankruptcy to Success through Licensing and IP Licensing & Bankruptcy: An Issue Spotting Checklist Presented at the Licensing Executives Society Winter Meeting
- Consumer Bankruptcy Case Law Update
- Valuation in Bankruptcy
- Bankruptcy Basics: From the Creditor's Perspective Sponsored by ISBA
- Steve Jakubowski Featured on LODGING On Demand Podcast
- Steve Jakubowski Featured on Lexis-Nexis Podcast
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