Robert (Rudy) Radasevich has practiced for the past three decades in the firm’s Financial Restructuring & Bankruptcy and Commercial Litigation departments.
Rudy’s bankruptcy practice focuses on the representation of secured creditors, creditors’ committees and trustees in business-related bankruptcy proceedings. Rudy also represents the firm’s business clients as plaintiffs and defendants in complex commercial litigation at the trial and appellate levels in courts throughout the United States. Rudy’s comprehensive practice includes representing clients in connection with corporate governance and fiduciary obligations, systems development and integration, other failed information technology systems and implementation projects, trade secret protection, copyright/trademark licensing and protection, breach of contract claims and assorted business torts.
Rudy has argued cases before a number of appellate courts, including the Supreme Court of the United States and the Illinois Supreme Court. Notably, in Raleigh v. Illinois Department of Revenue, 530 U.S. 15 (2000), Rudy represented the Chapter 7 Trustee in a dispute with state and federal taxing authorities concerning the allocation of the burden of persuasion in an objection to a tax claim filed in bankruptcy court. The Seventh Circuit’s underlying decision reported at In re Stoecker, 179 F.3d 546 (7th Cir. 1999), authored by Chief Judge Richard Posner, “commend counsel for both parties (Benjamin Goldgar for the state and Robert Radasevich for the trustee) for their excellent briefs and argument.”
With the proliferation of alternative dispute resolution proceedings, Rudy has extensive experience in arbitration and mediation proceedings before various ADR forums. He also advises his clients on general corporate issues and business strategies and has lectured frequently on commercial law and insolvency related issues.
Recently, Rudy was part of an NGE team that represented an undersecured lender that invoked a §1111(b) election – a provision that has been in the Bankruptcy Code for over 30 years but seldom used – in a case that has great significance for undersecured lenders holding distressed real estate collateral. In In re River East Plaza, LLC, Rudy represented LNV Corp., an affiliate of Beal Bank., in a SARE Chapter 11 case, in which his team was able to prevent the debtor from effectively cashing out the secured lender at the current depressed value of its real estate collateral. As a result of the ruling in River East Plaza, a §1111(b) election may be an effective defense to a debtor’s attempt to cram down a bankruptcy plan on a grossly undersecured real estate lender.
Rudy is a lecturer on bankruptcy-related topics and has served as a panelist at conferences sponsored by the American Bankruptcy Institute and the American Bar Association. Over the past several years, Rudy has been an adjunct professor at the John Marshall Law School teaching a class entitled deposition practicum.
In 2013, Rudy was selected by his peers for inclusion in The Best Lawyers in America in Commercial Litigation.
A 1981 graduate with honors from The DePaul University College of Law, Rudy served as an editor of the DePaul Law Review.