Andrew H. Eres

Member

Andrew Eres has over twenty-four years of experience as a workout and insolvency commercial litigator.  Andrew makes communication a priority: to identify and address potential problems before they happen, to confirm his actions stay in line with changing business and financial objectives of clients, and to challenge himself and his clients to always pursue the optimal solution for their business disputes.   Andrew’s clients, which include financial institutions, corporations, partnerships, real estate developers and investors, creditors and individuals, rely on him for solutions to a wide range of liability issues and creditor disputes. He helps banks of all sizes, private equity funds, non-traditional lenders, debt buyers and mortgage servicers protect their investments throughout the workout process, including restructures, refinances, court proceedings, sales, exit strategies, and liquidations.  Andrew also defends financial institutions against lender liability and fraud issues, including RESPA, TILA and FDCPA claims.  He has handled hundreds of complicated foreclosure matters of commercial, residential and industrial properties for lenders throughout the country. During the last financial crisis, Andrew led a group who worked out over $3 billion worth of commercial real estate and commercial and industrial loans for community and national banks, CMBS and SBA lenders and private equity companies. Andrew has given seminars on mortgage foreclosure practices to lenders throughout the Chicago metropolitan area.  

As a part of his commercial foreclosure practice, Andrew also regularly represents property managers and court appointed receivers in state and federal court. Additionally, Andrew has represented secured creditors in bankruptcy proceedings and has handled all types of adversary proceedings for his secured creditor clients, such as preference claims, fraudulent conveyances, and the determination and validity of liens and claims. Andrew also represents lenders, both as buyers and sellers, in assignments for the benefit of creditors and Uniform Commercial Code asset sales.  

Andrew has particular strengths assisting commercial real estate clients, defending and prosecuting construction defect claims, title disputes, mechanic’s lien foreclosures, real estate receiverships, commercial evictions, building code violations, and contract and fraud cases. 

Education & Credentials

Education

Chicago-Kent College of Law

J.D., 1996

University of Illinois

B.A., History, 1993

Bar Admission

  • Illinois1996

Prominent Assignments

  • Completed a complex loan workout for a commercial lender involving a $20 million loan securing a long term memory care facility, resulting in an equity infusion of over $7 million in new funds and the assumption of the loan by a new borrowing entity and operator.
  • Successfully foreclosed on a complex set of cross-collateralized and cross-defaulted loans for a Chicago-area bank, obtaining summary judgment against the borrowers on their lender liability claims, taking back all of the properties for his client, and settling a $12+ million deficiency judgment.
  • Substituted in for another firm in a $10 million CMBS workout for a borrower of several strip malls and following aggressive negotiations, settled the case for $3 million less than the previous best offer.
  • Successfully defended a commercial lender in a TILA violation case, resulting in a dismissal with prejudice.
  • Successfully litigated and settled a construction defect claim on behalf of a national casino and entertainment client against an architectural and marine engineering firm, using the Illinois Fire Safety Code, down to exacting details of design drawings, exit capacity, traffic flow, and even square feet per occupant for a gangway.

Professional Involvement

  • Illinois State Bar Association
  • Turnaround Management Association

Court Admissions

  • United States District Court for Northern District of Illinois
  • United States Bankruptcy Court for the Northern District of Illinois
  • United States District Court for the Southern District of Illinois
  • Pro Hac Vice in several jurisdictions

Publications/Presentations

  • Presentation to a national bank's workout bankers, “Section 363 Sales in Bankruptcy,” October 2018
  • Presentations to several Illinois bank's workout bankers, “Corporate Structure - Knowing What Your Borrower Is,” February 2016
  • Presentation to a national bank's workout bankers and title companies, “A Commercial Workout Guide to Title Commitments and Minutes of Foreclosure,” July 2015
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