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David P. Leibowitz

Attorney Profile

Top Rated Bankruptcy Attorney in Chicago, IL

Law Offices of David P. Leibowitz, LLC
3478 N Broadway, Unit 207
Chicago, IL 60657
Phone: 312-360-1501
Selected to Super Lawyers: 2007 - 2010, 2015 - 2022
Licensed in Illinois Since: 1974
Practice Areas: Bankruptcy: Consumer, Bankruptcy: Business
Languages Spoken: English, French, Spanish
  • Free Consultation
Attorney Profile

Attorney David P. Leibowitz is a bankruptcy attorney in Chicago, Illinois, with over 47 years of experience. The founder of the Law Offices of David P. Leibowitz, LLC, he handles both business and consumer bankruptcy matters, representing clients in Chicago and the surrounding metropolitan area, including Southern Wisconsin and Northwestern Indiana

In addition to serving his private clients, Mr. Leibowitz acts as a Chapter 7 trustee for the U.S. District Court for the Northern District of Illinois, and as an assignee and trustee in other bankruptcy cases. Over the course of his career, he has handled a high volume of complex bankruptcy matters and has served as both a litigator and a bankruptcy mediator.

Serving in various leadership roles, Mr. Leibowitz was co-chair of an American Bankruptcy Institute bankruptcy task force and co-chair of its Consumer Bankruptcy Committee and Commercial Fraud Committee. In 2021, he was the co-chair of the highly acclaimed ABI Consumer Practice Extravaganza - CPEX21. He writes and speaks on bankruptcy and mortgage topics and is a former adjunct professor at John Marshall Law School Chicago, now known as the University of Illinois Chicago School of Law.

Honoring his professionalism and commitment to legal ethics, Martindale-Hubbell awarded Mr. Leibowitz an AV Preeminent* peer review rating. This is the highest available rating and is presented to only a select group of attorneys. He has also received pro bono awards for his commitment to volunteer work over the years.

Mr. Leibowitz received a bachelor’s degree in economics from Northwestern University and went on to graduate cum laude from Loyola University Chicago School of Law. He holds certifications in business bankruptcy and consumer bankruptcy from the American Board of Certification and is qualified to appear before the state courts of Illinois and Wisconsin.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

Practice Areas
  • 70%Bankruptcy: Consumer
  • 30%Bankruptcy: Business
Focus Areas

Bankruptcy Law

Selections

12 Years Super Lawyers
  • Super Lawyers: 2007 - 2010, 2015 - 2022

Certificates and Credentials

About David P. Leibowitz

First Admitted: 1974, Illinois

Professional Webpage: https://lakelaw.com/david-leibowitz/

Scholarly Lectures/Writings

  • TILA is your Friend – NABTalk (2006)
  • Paper and speaker on electronic signatures and other remote access tools in era of COVID-19, Speaker at ABI Midwest Bankruptcy Conference, Electronic Signatures in light of COVID-19, 2020
  • National Association of Bankruptcy Trustees – Thinking outside the Box (2006), Trustee Administration A-Z (2007), Trustee Claims in Predatory Lending (2008)
  • Speaker, Divorce and Bankruptcy - When Does One Specialist Need Another?, American Bankruptcy Institute - Chicago Consumer Bankruptcy Conference, 2011
  • Wisconsin Bar – Predatory Lending, 2008
  • Bankruptcy Aspects of Divorce, IICLE
  • World Bank – International Law Institute – Mongolia Bankruptcy Project (1999-2000)
  • Speaker, Real Estate Mortgage Issues in Bankruptcy, National Association of Bankruptcy Trustees, 2011
  • Presented to plenary session of NACBA and subsequent breakout session on problems arising when mortgage lenders fail to complete mortgage foreclosures, Speaker, Zombie Mortgages, National Association of Consumer Bankruptcy Attorneys, 2015
  • Bankruptcy Claims and Exemptions, IICLE
  • Speaker, Responding to Trustee Concerns in Creditors Meetings, National Association of Consumer Bankruptcy Attorneys, 2011
  • Speaker, Chapter 7 Trustee Issues for Consumer Bankruptcy, Southeast Bankruptcy Law Institute, 2011
  • Speaker, Messy Mortgage Muddles - Mortgage Claim Issues, American Bankruptcy Institute - Annual Spring Meeting, 2011
  • Withdrawals from Tax-deferred Retirement Accounts: Included in Current Monthly Income – June 2008 – American Bankruptcy Institute Journal 12
  • Speaker, Preservation of Electronic Evidence, National Association of Bankruptcy Trustees, 2011
  • Speaker, Ethical Obligations of Bankruptcy Trustees, Minnesota State Bar Association - Bankruptcy Section, 2011
  • Vehicle Ownership Expense Deduction: Fixed Allowance or Cap on Actual Expense? July, August 2008 – American Bankruptcy Institute Journal
  • Speaker, Title 11 meets the Bill of Rights, National Association of Bankruptcy Trustees, 2010
  • Chicago Consumer Bankruptcy Conference "Ethics of Debt Relief Agencies and Consumer Bankruptcy" (2014), American Bankruptcy Institute
  • Current Mortgage Issues in Chapter 13 – Norton's Annual Survey of Bankruptcy Law 2011 (David Leibowitz and Mark Rossi)
  • Annual Spring Meeting – "Beyond HAMP and HARP – What's Next" (2012), American Bankruptcy Institute
  • Norton's Annual Survey of Bankruptcy Law, Author, Residential Mortgage Issues in Consumer Bankruptcy Cases, 2008
  • Chicago Consumer Bankruptcy Conference – Is it or Isn't It – Property of the Estate" (2010), American Bankruptcy Institute
  • Filing Chapter 13, What you need to know (Aspartore Books, 2011)
  • ABI/UMKC Midwestern Bankruptcy Institute – "Representing Small Business Clients" (2009), American Bankruptcy Institute
  • Secured Debt Alone Cannot Constitute Abuse under §707(b)(3) XXVIII American Bankruptcy Institute Journal 9, 38, 39, 75, November 2009
  • American Bankruptcy Institute Commercial Fraud Task Force – Detecting Fraud in Chapter 7 Cases (2007)
  • American Bankruptcy Institute Real Estate Committee – Real estate issues in chapter 7 trustee cases, 2004
  • Arizona State Bar – Predatory Lending (2008)
  • Bankruptcy Court – Eastern District of Wisconsin "Lou Jones Breakfast" "Limitations on Discrimination against Debtors", 2009
  • Aspartore, Author, Filing Chapter 13 - What you need to know, 2010
  • Chicago Bar Association Bankruptcy Committee – Discharge and Discharge ability, 2008
  • Author - Editor in Chief, American Bankruptcy Institute Fraud Manual, American Bankruptcy Institute, 2010
  • Chicago Bar Association – International Bankruptcy, 2002
  • Illinois Mortgage Foreclosure: What you need to Know (Thompson Reuters, 2010)
  • Commercial Law League of America – Bankruptcy Boot Camp, 2008
  • Can a Fully Unsecured Lien be Stripped in Chapter 13 without Discharge, American Bankruptcy Institute Journal (July-August, 2011)
  • Federal Reserve Bank of Chicago – Wisconsin Housing and Economic Development Authority – "Wisconsin Moves Forward to Address Foreclosures" (Mortgage Foreclosure Response), 2008
  • How many heads on Beds are in your chapter 13 household? American Bankruptcy Institute Journal (November 2012)
  • Illinois State Bar – The Corporate Lawyer, "The Business Corporation Act's Remedy for Insolvency", 2011
  • Stern v. Marshall: A Constitutional Conundrum, American Bankruptcy Institute Journal October 2011 (Selected as "Best of the Year Article")
  • Bankruptcy for General Practitioner in Light of BAPCPA, Lake County Bar Association, 2005
  • Fiduciary Duties of Chapter 7 Trustees in Surplus Cases, American Bankruptcy Institute Journal (April 2014)
  • Bankruptcy Aspects of Probate Administration, Lake County Bar Association, 2007
  • Pre-Petition Receiverships Can Impede Real Estate Reorganization, American Bankruptcy Institute Journal (December, 2013)
  • Truth in Lending Act and Other Defenses to Mortgage Foreclosure, Lake County Bar Association, 2008
  • Speaker, Exemptions, Chicago Bar Association - Bankruptcy Committee, 2011
  • Kansas Bar Association – "Mortgage Nuts and Bolts in Bankruptcy", 2012
  • Speaker, Illinois Mortgage Foreclosure Defense, Lake County Bar Association (Illinois), 2011
  • Kenosha County Bar Association – Bankruptcy for General Practitioner, 2007
  • Bankruptcy Aspects of Asset Protection, IICLE
  • Bankruptcy Aspects of Divorce – ABA Family Advocate
  • Minnesota Bar – Trustee Ethics, 2011
  • One Lawyer's Renaissance – ABA Law Practice Management
  • Minnesota Bar – Trustee Duties and Debtor's Responsibilities, 2014

Special Licenses/Certifications

  • Board Certified by American Board of Certification in Business Bankruptcy and Consumer Bankruptcy

Honors/Awards

  • Excellence in Pro Bono Service, United States District Court Northern District of Illinois and Federal Bar Association, 2006
  • Successfully represented pro se, senior citizen, debtor in partially discharging substantial portion of his student loans, In re Lewis, Bankruptcy Court, Northern District of Illinois, 2019
  • Alpha Sigma Nu, Jesuit Honor Society
  • Selected as a member of the Leading Lawyers Network
  • Liberty Bell Award, Circuit Court for Nineteenth Judicial Circuit - Lake County, Illinois, 2010
  • Pro Bono Service Award, Lake County Bar Association Volunteer Legal Program, 2007
  • Achieved National Recognition for his work in defending against predatory mortgages

Bar/Professional Activity

  • United States District Court for the District of Maryland, 2008
  • Co-Chair and principal organizer of American Bankruptcy Institute Consumer Bankruptcy Extravaganza - #CPEX21. This virtual consumer practice continuing legal education event attracted over 1100 participants from throughout the United States and had over 70 sessions over a period of two weeks., 2021
  • American Bar Association - Working Group on Best Practices for Electronically Stored Information in Bankruptcy Cases, 2011
  • Illinois, 1974
  • Elected to Board of Directors of National Association of Bankruptcy Trustees, 2009
  • Advisory Committee, American Bankruptcy Institute, Chicago Consumer Bankruptcy Conference, 2012
  • Illinois State Bar Association
  • Wisconsin, 2006
  • Editor of NABTalk, publication of National Association of Bankruptcy Trustees, 2011
  • National Association of Consumer Bankruptcy Attorneys
  • Member of Board of Directors of American Bankruptcy Institute, 2015
  • National Association of Bankruptcy Trustees
  • Co-Chair of Fraud Committee of American Bankruptcy Institute, 2010
  • Chicago Bar Association

Pro bono/Community Service

  • Enriquez v. Superintendent Arce 16-CV 05521 Successfully represented inmate at Cook County Jail on civil rights claim that he was deprived of necessities in the course of his incarceration. Matter was settled.  , 2016
  • Won grant from WHEDA for mortgage foreclosure defense in Wisconsin, 2009
  • Trained over 500 attorney in Wisconsin in mortgage foreclosure defense., 2009

Transactions

  • Served as assignee for the benefit of creditors of AKYR Enterprises, Inc. Liquidated all assets and distributed approximately 13% dividend to unsecured creditors, 2017

Representative Clients

  • Judgment against Arthur B. Adler for sanctions for violation of the automatic stay in an amount in excess of $140,000, Case 17-11697 decided August 20, 2018, 2018
  • State of Illinois ex re Leibowitz v. Family Vision Care, LLC, et. al. 2020 IL 124754, holding that Trustee of debtor has standing to bring a qui tam action against optometry company that allegedly committed insurance fraud contrary to Illinois law, 2020
  • Trustee In re IFC Credit Corporation Trustee In re Kevin Carney Trustee In re Keystone Mechanical, Inc., 2011

Educational Background

  • Training as Bankruptcy Mediator at St John’s Law School, New York, NY, 2019
  • Certified as Mediator by Chicago Bar Association, 2021
  • Northwestern University, Evanston, Illinois, B.A., Economics, 1970

Other Outstanding Achievements

  • Organizer and co-chair of American Bankruptcy Institute Consumer Practice Extravaganza - a virtual national conference for consumer bankruptcy practitioners attracting over 1100 participants and 70 speakers over a two week period. #CPEX21, 2021
  • Honored as Fellow of Wisconsin Bar Foundation, 2019

Verdicts/Settlements

  • In re Gordon Green 21 B 06189 (March 9, 2022 ) In this matter, Bankruptcy Judge Cox held that a Canadian retirement plan was not exempt under Illinois law. This matter is presently on appeal to the United States District Court for the Northern District of Illinois, 2022
  • Leibowitz v. Family Vision Care, LLC 2020 IL 124754 Illinois Supreme Court upheld the right of bankruptcy trustee as relator for the benefit of the State of Illinois to pursue a whistle-blower suit under the Illinois Insurance Claims Fraud Prevention Act (Act) (740 ILCS 92/1 et seq. (West 2016))  , 2022
  • In re REEF. LLC, 20-14704 Bankruptcy, Northern District of Illinois. Obtained an order substantively consolidating Debtor's estate with several other non-debtor series limited liability companies thereby allowing Mr. Leibowitz, as bankruptcy trustee, to avoid a fraudulent transfer of real estate worth over $700,000, 2021
  • State of Illinois v. Family Vision Care, LLC, 2020 IL 124754, Illinois Supreme Court recognizes qui tam private right of action under the Illinois Claims Fraud Prevention Act (740 ILCS 92/1), 2020
  • Leibowitz v. Saleh 1994 Bankr. LEXIS 29 (Bankr. ND IL), 1994
  • In re UNR Industries, Inc. 736 F.2d 1136 – 7th Circuit. 1984 legal representative appeal), 1984
  • In re Straight Arrow Products, Inc. (Chapter 11 creditors committee – 100% plan)
  • IFC Credit Corporation (chapter 7 liquidation of leading national leasing corporation)
  • In re Process Control Technologies (Chapter 11 plan – manufacturing Debtor – plan confirmed resulting in 60% to unsecured creditors and ultimate sale of company for substantial value to debtors' principals)
  • Competed administration of IFC Credit Corporation Chapter 7 bankruptcy case - over $27 million in leases administered, all priority and tax debts paid with dividend to unsecured creditors, 2015
  • In re Clark (Rameker v. Clark), 714 F.3d 559 (7th Cir. 2013) (on brief for amicus NABT – certiorari granted by Supreme Court), 2013
  • Leibowitz v. Parkway Bank & Trust Co. (In re Image Worldwide), 139 F.3d. 574 (7th Cir. 1998)
  • In re Kobus (Bankruptcy – bad faith chapter 13 conversion)
  • Kramer v. Exchange National Bank of Chicago, 118 Ill. 2d 277, 515 N.E. 2d 57, 113 Ill. Dec. 248 (1987)
  • In re McDonough Associates, Inc. (chapter 7 trustee for leading Chicago civil engineering firm and related litigation)
  • In re Wax Trax Records (Chapter 11 – independent recording company plan confirmed after negotiation)
  • In re Delphi Corp – Representation of LG Philips LCD in connection with their multi-million dollar post-petition contract – advised on all aspects of Debtor's reorganization case, now confirmed
  • IFC Credit Corporation v. First Chicago Bank and Trust, 422 B.R. 659 (Bankr. N.D. IL 2010) (Directors and Officers Insurance Injunction Litigation)
  • Represented plaintiff in Owens v. LVNV, landmark case addressing Fair Debt Collection Practice Claims for time barred proofs of claim in bankruptcy - issue now before the Supreme Court in a related case., 2016
  • Leibowitz v. Parkway Bank & Trust Co. (In re Image Worldwide), 139 F.3d. 574 (7th Cir. 1998)
  • Leibowitz v. Tanglis 344 B.R. 563 (Bankr. ND. IL 2006 Bankruptcy – denial of discharge after trial)
  • Gabellini v. Rega 724 F.2d 579 (7th Cir. 1984)
  • Recovered $900,000 settlement from former officers and directors of Goldblatt's Bargain Stores, Inc., 2009
  • In re Michael Sparks (Chapter 11 Debtor – real estate development debtor plan confirmed and fully executed after contested confirmation hearing)
  • IFC Credit Corporation, 633 F.3d 315 (7th Cir. 2011) (bankruptcy court jurisdiction), 2011
  • In re KMart Co. – Representation of 30 counties of the State of Georgia resulting in recovery of millions in ad valorem property taxes
  • Recovered close to $2 million in In re Carney Ponzi Scheme chapter 7 bankruptcy case - featured on CNBC's American Greed, Episode 77, 2016
  • Leibowitz v. Parkway Bank & Trust Co. (In re Image Worldwide), 139 F.3d. 574 (7th Cir. 1998)

Industry Groups

  • Mediation
  • Receivership
  • Trustee and Fiduciary
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Office Location for David P. Leibowitz

3478 N Broadway
Unit 207
Chicago, IL 60657

Phone: 312-360-1501

Last Updated: 5/15/2022

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