John R. Weiss practices in the area of business reorganization and financial restructuring. Mr. Weiss focuses his practice on corporate restructurings and recapitalizations, loan defaults, workouts and bankruptcies. His practice on behalf of creditors focuses on representing banks, institutional investors, indenture trustees, and holders of publicly and privately placed debt securities in complex corporate and municipal situations. His practice on behalf of debtors includes companies in the golf, entertainment, hospitality, wire and cable, steel, trucking, aluminum smelting, and sampling businesses.

Mr. Weiss has worked for traditional bank and finance company clients in straight loan and asset-based lending facilities; institutional investor clients in negotiated secured and unsecured private placement transactions; indenture trustees for and holders of debt securities issued by multinational corporations and municipalities; and committees of creditors formed either before or after a bankruptcy case is filed. He has extensive experience in the representation of commercial mortgage lenders in foreclosure and bankruptcy proceedings. Mr. Weiss also has practiced in workouts involving investor-owned electric utilities and sponsors/suppliers of asset securitization transactions.

A member of the American Bar Association, the Illinois State Bar Association, the Chicago Bar Association, the American Bankruptcy Institute, and the Turnaround Management Association, Mr. Weiss is a 1985 graduate of Northwestern University School of Law and a graduate of Northwestern University.

Areas Of Practice

Business Reorganization and Financial Restructuring

Representative Matters

Represented numerous agents and participants in variety of syndicated bank loans. Negotiated with numerous borrowers to attain successful debt restructurings that resulted in loans that continued to perform.
Negotiated with borrower to achieve successful resolution of defaults related to loan maturity date of real estate developer who was constructing $1 billion project.
Repeatedly represented lenders successfully in enforcement efforts involving interposition of creative defenses to non-payment, including various defenses related to market swings and economic collapses.
Successfully litigated issues regarding the collectability and enforceability of prepayment premiums where borrowers paid their loans in full prior to maturity.
Represented a number of special servicers of commercial mortgage-backed securities and institutional commercial mortgage lenders, successfully foreclosing upon and taking title to real estate in dozens of cases.
Acted as counsel to trustees of collateralized debt obligation trusts, interpreting complex trust indentures, advising of rights and obligations under the indentures, and resolving conflicting demands upon trustees in the event of prospective or actual defaults under the indentures.
Represented holders of debt securities constituting the largest unsecured creditor in the bankruptcy of Enron Corp., successfully negotiating with multiple parties to get unsecured claims of bond holders allowed in full.
Represented bidders on assets in bankruptcy involved in wide variety of industries.
Represented commercial debtors in Chapter 11 proceedings. Handled matters relating to entertainment, hospitality, steel, trucking, metal smelting and golf industries.
Litigated issues concerning alleged fraud and wrongdoing related to collateralized mortgage-backed securities on behalf of special servicers and other holders of marketable debt instruments.
Advised numerous clients on optimal crafting of documents for preservation of rights in the event of insolvency, particularly regarding "split lien" remedies and inter-creditor rights for asset-based loans.

Admissions

Illinois
U.S. Supreme Court
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Central District of Illinois

Education

Northwestern University School of Law, J.D., 1985
Northwestern University, B.A., 1982

Experience

Duane Morris LLP
- Partner, 2006-present
Katten Muchin Rosenman LLP
- Partner, 1996-1998, 2000-2006
Bell, Boyd & Lloyd LLC
- Partner, 1998-2000
Chapman and Cutler
- Partner, 1993-1996
- Associate, 1985-1993

Honors and Awards

Listed in Who's Who in American Law
Listed in Illinois Super Lawyers