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Brian A. Audette concentrates his practice in the areas of bankruptcy, creditor's rights and general commercial litigation. He represents lenders, creditors, trustees, assignees for the benefit of creditors, and debtors in Chapter 7 liquidation proceedings, Chapter 11 reorganization proceedings, state court foreclosure actions, and out of court restructurings and liquidations. Brian has particular experience in the hospitality industry, having represented secured lenders, major hotel brands, creditors and debtors in all aspects of Chapter 11 restructurings, out of court transactions, general litigation and litigation under the Lanham Act.
Brian is a member of the American Bankruptcy Institute and ICSC. Brian has led numerous seminars at the ICSC’s annual U.S. Shopping Law Conference, addressing issues affecting landlords when their tenants file for bankruptcy. In college, Brian was a goaltender for Brown University’s Men’s Ice Hockey Team, and he continues to play hockey once or twice a week in Chicago.
Brian’s additional experience includes the following:
- Served on a team of attorneys representing petitioners before the U.S. Supreme Court in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank (Case No. 11-166), a high-profile bankruptcy case involving secured creditor cram down.
- Counseled a national hotel brand in connection with complex commercial litigation involving potential damages of more than $200 million in the United States Bankruptcy Court for the Southern District of New York.
- Acted as lead counsel for the owner of the largest and oldest newspaper in West Virginia in its Chapter 11 proceeding in the United States Bankruptcy Court for the Southern District of West Virginia.
- Served as lead counsel for a CMBS special servicer in the bankruptcy of a hotel in the United States Bankruptcy Court for the Southern District of Illinois.
- Represented five hotel-owning entities in their Chapter 11 bankruptcy cases in the United States Bankruptcy Court for the Northern District of Illinois.
- Served as Chapter 7 Trustee for the indirect owner of two restaurants located in Chicago, Illinois.
- Counseled seven hotel-owning entities in their Chapter 11 bankruptcy cases in the United States Bankruptcy Court for the Southern District of Indiana.
- Acted as lead counsel for a CMBS special servicer in connection with the foreclosure and related bankruptcy of a real estate company that owned eight apartment buildings in Chicago, Illinois.
- Counseled a trustee in the liquidation of a technology solutions company.
- Served as Chapter 11 bankruptcy counsel for a leading supplier of building materials and manufacturer of building components in the United States.
- Counseled the unsecured creditors' committee in the bankruptcy of a brand marketing organization in the United States Bankruptcy Court for the Northern District of Illinois.
Professional Recognition
- Listed as an "Illinois Rising Star" by Illinois Law & Politics, 2012
- Listed as a "Super Lawyer" by Super Lawyers Magazine, 2014 – 2022
- Member of the Private Panel of Chapter 7 Trustees, 2010 – 2017
- American Bankruptcy Institute, Member
- ICSC, Member
*The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and no certificate, award or recognition is a requirement to practice law in Illinois.
Related Employment
- DLA Piper, Associate, 2002 – 2008
