Ryan T. Schultz

Ryan T. Schultz Partner

312.224.1231
rschultz@foxswibel.com
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Ryan T. Schultz
Education

The University of Chicago Law School, J.D.

Purdue University, B.S.

Admitted

Northern District of Illinois
U.S. District Court of Nevada
Illinois
Nevada (inactive)

Ryan Schultz is a partner in the Firm’s Bankruptcy, Restructuring and Creditors’ Rights Group. Ryan has extensive experience representing creditors, as well as chapter 7 and chapter 11 trustees, in all types of matters including complex bankruptcy, fraudulent transfer and preference litigation, appellate work, claim disputes and other sophisticated bankruptcy issues. He frequently represents chapter 7 trustees as general and special counsel in various corporate and individual bankruptcy cases. Such representations include liquidating assets of the bankruptcy estate and pursuing litigation on behalf of the bankruptcy estate to recover property of the estate, fraudulent transfers and preferential transfers. Ryan specializes in cases where fraud was the primary cause of debtors’ bankruptcy filings, including prosecuting actions against the former officers of the debtor for fraud.

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Additionally, Ryan represents his clients in commercial litigation matters. These include matters involving breach of contract, copyright and trademark, employment related actions and disputes related to the entertainment industry.

Ryan received his J.D. from The University of Chicago Law School. He received his B.S. in engineering from Purdue University. Prior to joining Fox Swibel, Ryan was a bankruptcy associate at McDermott Will & Emery.

Trustee and Other Bankruptcy Representations

Trustee Representative Matters

  • In re Lancelot Investors Fund, L.P. (Case No. 08‐28225, Bankr. N.D. Ill.): Representing the chapter 7 trustee of a failed multi‐billion dollar hedge fund as special counsel. Favorably settled large fraudulent transfer adversary proceeding against various insurance companies.
  • In re William O’Malley (Case No. 13‐48989, Bankr. N.D. Ill.): Representing the chapter 7 trustee of individual debtor case. Favorably settled exemption objection related to the debtor’s self‐directed IRA fund. Responsible for investigating allegations of a scheme to hide and/or remove assets from the debtor’s estate.
  • In re Michael Wolf (Case No. 14‐27066, Bankr. N.D. Ill.): Representing the chapter 7 trustee of individual debtor case. Responsible for investigating allegations of a scheme to fraudulently transfer debtor’s business to an insider.
  • In re Scientific Window, Inc. (Case No. 09‐17180, Bankr. N.D. Ill.): Represented the chapter 7 trustee of a window manufacturer. 100% recovery for debtor’s non‐insider unsecured creditors.
  • In re P&P Realty, Inc. (Case No. 11‐18133, Bankr. N.D. Ill.): Represented the chapter 7 trustee of a failed real estate brokerage firm. Achieved significant recovery for the debtor’s real estate agent creditors.
  • In re Commercial Resources Construction Company (Case No. 10‐28842, Bankr. N.D. Ill.): Represented the chapter 7 trustee of a failed construction firm. Favorably settled a large mechanic’s lien claim with the assistance of contingency fee counsel resulting in a significant dividend for unsecured creditors.
  • In re CLC Industries, Inc. (Case No. 12‐04931, Bankr. N.D. Ill.): Represented the chapter 7 trustee of a failed lighting company. Recovered sizeable pre‐litigation settlement from former insiders of fraudulent transfer claims.
  • In re H.H. Holmes Testing Laboratories, Inc. (Case No. 10‐55500, Bankr. N.D. Ill.): Represented the chapter 7 trustee of a failed testing company as special litigation counsel pursuing preference claims. Achieved significant settlement recoveries and claim reductions through settlements.
  • In re MAK Express (Case No. 10‐36923, Bankr. N.D. Ill.): Represented the chapter 7 trustee of a failed transportation company as special litigation counsel. Achieved favorable pre‐litigation settlement of successor liability claims against the debtor’s insiders and related company.

Other Bankruptcy Representative Matters

  • Representing various insurance companies with respect to multi‐million dollar claims arising out of loss‐sensitive insurance policies.
  • In re ISB Financial Corp. (Case No. 09‐37225; Bankr. N.D. Ill.): Representing a trustee of a plan liquidation trust in a complex bankruptcy case, including investigating fraudulent transfers. Favorably settled fraudulent transfer claims against the debtor’s insiders.
  • In re GAC Lansing, LLC (Case No. 11‐40944, Bankr. N.D. Ill.): Represented a secured creditor bank in a bankruptcy case involving a self‐storage facility. Negotiated a favorable settlement resulting in the sale of the collateral and significant recovery for the client.
  • In re Brooke Corporation, et al. (Case No. 08‐22786, Bankr. D. Kan.): Representing a group of insurers defending asserted fraudulent transfer claims and preference claims. Settled in excess of $35 million in asserted liability for low six figures.
  • Representing secured debt holders in airline bankruptcy cases.
  • Preparation of potential debtors for chapter 7 and 11 filings.

Commercial Litigation Representative Matters

  • Represented an artist and his related companies accused of copyright infringement. The case was dismissed as to some of the defendants and transferred to Puerto Rico, a favorable venue where the artist was from and well known. Moser v. Ayala, 11 C 3563, 2013 WL 1337187 (N.D. Ill. Mar. 29, 2013).
  • Represented a leading multicultural event marketing and music touring/booking agency in an action against a former employee accused of embezzlement and breach of a non‐competition agreement. Negotiated the return of the embezzled money ($300,000.00) plus an additional approximately $1 million going forward as a buyout of the non‐compete.
  • Represented a music promotion company in defending a breach of contract lawsuit in California arising out of a failed concert tour. Favorably settled achieving a reduction in potential liability of over a million dollars.
  • Represented concert promotion company defending litigation alleging tortious interference claims. Obtained favorable settlement on behalf of the client.
  • Represented a former employee of a major airline and his current employer in defending a non‐compete case. Assisted with the successful defense of a TRO and favorable settlement.
  • Represented bar/restaurant owner in a trademark dispute. Negotiated a favorable pre‐litigation settlement whereby the alleged infringer agreed to modify their mark.

Recent Transactional Representative Matters

  • Represented a leading multicultural event marketing and music touring/booking agency with respect to a multi‐year exclusive touring agreement with an internationally known Latin music icon.
  • Represented client in a high stakes “business divorce” negotiating a multi-million dollar buy-out of client’s stake in various real estate holdings and bar and restaurant operations. This representation involved the untangling and sale of interests in over 30 different legal entities.
  • Represented a non‐profit organization providing education to mentally handicap children and adults in a refinance of publicly issued bonds and a buyout of an interest rate swap. The amount of the new bond issue was approximately $14.5 million.
  • Represented group of investors with respect to obtaining a buyout of their substantial real estate investments from the investment organizer.

Moser v. Ayala, 11 C 3563, 2013 WL 1337187 (N.D. Ill. Mar. 29, 2013)

From 2012-2016, Ryan was selected to the list of Illinois Rising Stars, a list published by Super Lawyers. Rising Stars uses a patented multiphase selection process which includes peer nominations and evaluations combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Attorneys who have been selected to the list of Illinois Rising Stars make up 2.5 percent of lawyers in Illinois who have been in practice for less than ten years.


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Also, Ryan has been named an Emerging Lawyer in commercial bankruptcy & workout law by The Law Bulletin Publishing Company. Less than 2% of all lawyers licensed to practice law in Illinois receive this distinction.

  • Restaurant Bankruptcies – Should I Make a Reservation Now. National Conference of Bankruptcy Judges (2014).
  • Jargony – Insurance Basics for Bankruptcy Lawyers. Chicago Bar Association: Young Lawyers Section Bankruptcy Committee (2013).
  • Magistrates and Federal Courts After the Supreme Court Speaks in Stern v. Marshall. ABA Annual Meeting (2012).

Member, Auxiliary Board of Teach for America (Chicago), 2012 – present