Brian T. Bedinghaus

Associate
Chicago
30 N. LaSalle Street
Suite 2800
Chicago, IL 60602
P 312.580.1269
F 312.580.1201
P 312.580.1269 | F 312.580.1201



Overview

Mr. Bedinghaus has been an advocate for creditors’ rights for over twelve years. As an experienced litigator, Mr. Bedinghaus represents lenders, loan servicers, property owners, investors, and other business creditors in commercial and consumer disputes involving commercial lending, secured transactions, mortgage foreclosure, commercial leasing, and more. Mr. Bedinghaus is especially skilled at judgment enforcement and complex collection matters, often employing the use of alter-ego, corporate veil-piercing, fraudulent transfer avoidance, and other advanced legal devices to expose sophisticated “shell games” of elusive debtors and their principals.

Experience
  • Successfully recovered a secured lender’s collateral valued at $1,300,000 from a Borrower in Chapter 11 Bankruptcy and obtained a judgment against the guarantors for the deficiency of more than $500,000.
  • Representing a condominium association, successfully recovered nearly $150,000 in unpaid condominium assessments in an involuntary Chapter 7 Bankruptcy filed by the creditors of a developer who owned condominium units in the association’s building.
  • Conducted a five-day bench trial and obtained judgments of more than $270,000 on behalf of an advertising cooperative of restaurant franchises against a member franchisee.
  • Represented a court-appointed Receiver of seven commercial properties in a mortgage foreclosure action that resulted in a judgment of foreclosure of over $34,000,000.
  • Obtained a favorable ruling at the state appellate court level for an insurance company on a statute of limitations question, which ruling was affirmed by the Illinois Supreme Court.
  • Negotiated a $250,000 cash settlement for a secured creditor after a debtor transferred two real estate parcels in violation of the Illinois Fraudulent Transfer Act.
  • Obtained judgments totaling more than $185,000 for multi-employer benefit funds against a union contractor for unpaid employee benefit contributions, and then successfully sought to impose those judgments against the judgment debtor’s successor companies based on the federal successor employer theory.
  • Successfully prosecuted dozens of contested commercial and residential mortgage foreclosures on behalf of lenders of all sizes.
  • Successfully litigated advanced debt collection actions in state and federal courts involving alter ego liability, single employer/corporate successor liability, corporate veil piercing, and fraudulent transfer avoidance.
  • Advised clients on matters related to trustee fiduciary liability, Family Medical Leave Act (FMLA), Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), and civil liability under the Racketeer Influenced and Corrupt Organizations (RICO) Act.
Services

Education

  1. Chapman School of Law, J.D.
    • Chapman Law Review, Notes Editor
  2. Boston College, B.A.

Credentials

Bar Admissions
  1. Illinois
Court Admissions
  1. U.S. Court of Appeals, Seventh Circuit
  2. U.S. District Court, District of Colorado
  3. U.S. District Court, Northern District of Illinois
  4. U.S. District Court, Northern District of Indiana

Insights

Overview

Mr. Bedinghaus has been an advocate for creditors’ rights for over twelve years. As an experienced litigator, Mr. Bedinghaus represents lenders, loan servicers, property owners, investors, and other business creditors in commercial and consumer disputes involving commercial lending, secured transactions, mortgage foreclosure, commercial leasing, and more. Mr. Bedinghaus is especially skilled at judgment enforcement and complex collection matters, often employing the use of alter-ego, corporate veil-piercing, fraudulent transfer avoidance, and other advanced legal devices to expose sophisticated “shell games” of elusive debtors and their principals.

Experience
  • Successfully recovered a secured lender’s collateral valued at $1,300,000 from a Borrower in Chapter 11 Bankruptcy and obtained a judgment against the guarantors for the deficiency of more than $500,000.
  • Representing a condominium association, successfully recovered nearly $150,000 in unpaid condominium assessments in an involuntary Chapter 7 Bankruptcy filed by the creditors of a developer who owned condominium units in the association’s building.
  • Conducted a five-day bench trial and obtained judgments of more than $270,000 on behalf of an advertising cooperative of restaurant franchises against a member franchisee.
  • Represented a court-appointed Receiver of seven commercial properties in a mortgage foreclosure action that resulted in a judgment of foreclosure of over $34,000,000.
  • Obtained a favorable ruling at the state appellate court level for an insurance company on a statute of limitations question, which ruling was affirmed by the Illinois Supreme Court.
  • Negotiated a $250,000 cash settlement for a secured creditor after a debtor transferred two real estate parcels in violation of the Illinois Fraudulent Transfer Act.
  • Obtained judgments totaling more than $185,000 for multi-employer benefit funds against a union contractor for unpaid employee benefit contributions, and then successfully sought to impose those judgments against the judgment debtor’s successor companies based on the federal successor employer theory.
  • Successfully prosecuted dozens of contested commercial and residential mortgage foreclosures on behalf of lenders of all sizes.
  • Successfully litigated advanced debt collection actions in state and federal courts involving alter ego liability, single employer/corporate successor liability, corporate veil piercing, and fraudulent transfer avoidance.
  • Advised clients on matters related to trustee fiduciary liability, Family Medical Leave Act (FMLA), Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), and civil liability under the Racketeer Influenced and Corrupt Organizations (RICO) Act.

Education

  1. Chapman School of Law, J.D.
    • Chapman Law Review, Notes Editor
  2. Boston College, B.A.

Credentials

Bar Admissions
  1. Illinois
Court Admissions
  1. U.S. Court of Appeals, Seventh Circuit
  2. U.S. District Court, District of Colorado
  3. U.S. District Court, Northern District of Illinois
  4. U.S. District Court, Northern District of Indiana