© 2023 Fox Swibel Levin & Carroll
© 2023 Fox Swibel Levin & Carroll

Nicholas E. Ballen

Nicholas E. Ballen is an associate in the Firm’s Bankruptcy, Restructuring, & Creditors’ Rights Group. Nicholas is a skilled bankruptcy litigator with a wide range of experience in the bankruptcy arena, and has represented secured lenders, bondholders, committees, trustees, debtors, and individual creditors in connection with bankruptcy proceedings and related commercial litigation.

His practice includes advising clients on any number of insolvency-related scenarios, from consummating transactions involving distressed assets and facilitating in- and out-of-court workouts and liquidations, to pursuing claims against distressed entities, defending lawsuits or other proceedings arising in the bankruptcy context, and investigating potential fraud and fiduciary defalcation.

Nicholas has substantial experience prosecuting and defending a variety of claims and causes in bankruptcy court and other trial courts (state and federal) as well as mediation and arbitration proceedings. These include cases involving, among other areas, fraudulent transfers, preferences, breach of fiduciary duty, fraud, secured credit, breach of contract, and corporate governance issues.

In addition, Nicholas proactively applies his experience litigating bankruptcy disputes to help clients manage and prepare for potential insolvencies and other situations involving distressed entities or assets, including, for example, structuring transactions and enterprises to minimize bankruptcy-related risks and negotiating and drafting related agreements and organic documents.

Before joining the Firm, Nicholas was a bankruptcy associate in the Chicago office of Jenner & Block LLP, a law clerk for the Judge Timothy A. Barnes of the Bankruptcy Court for the Northern District of Illinois, and later a bankruptcy and restructuring associate in the Chicago office of Greenberg Traurig LLP.

Since 2023, Nicholas has been selected for inclusion in The Best Lawyers: Ones to Watch© in the field of Bankruptcy.

  • Survival of a Committee’s Attorney/Client Privilege After the Committee Has Been Disbanded,” American Bankruptcy Institute Journal, Vol. XLII, No. 6 (June 2023).
  • American Bankruptcy Institute
  • Turnaround Management Association
  • Chicago Bar Association
  • National LGBTQ Bar Association

Nicholas received his J.D. summa cum laude from the University of Illinois College of Law, where he was elected to the Order of the Coif and served on the Elder Law Journal and as a teaching assistant. While in law school, he externed for the Honorable Michael J. Raphael of the Los Angeles County Superior Court. Before law school, he earned a B.A. cum laude in international studies from Middlebury College in 2009 and spent two years serving as a coordinator for international relations for Nagasaki Prefecture in Japan.

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