John E. Zummo

Shareholder

T: 312-609-7853 F: 312-609-5005

Chicago

John E. Zummo joined the Chicago office of Vedder Price in 2008 as a shareholder in the Commercial Litigation and Corporate Reorganization, Bankruptcy and Insolvency Groups.

Mr. Zummo concentrates his practice in business litigation and bankruptcy and insolvency matters, with an emphasis on creditor’s rights and bankruptcy-related litigation, including defending lender liability actions, prosecuting breach of contract, fraud and conspiracy claims against defaulting commercial borrowers and guarantors, and bankruptcy adversary proceedings and cash collateral disputes. Mr. Zummo has also represented clients in a wide range of other matters, including: negotiating workouts of commercial loan and equipment financing arrangements; replevin actions; UCC foreclosure sales; SEC investigations; defending against class action consumer fraud, federal securities fraud and shareholder derivative claims; defending and prosecuting common-law fraud and breach of fiduciary claims; and defending mechanic’s lien claims.   Mr. Zummo has experience in all aspects of litigation, appeals and post-judgment proceedings, including over 20 bench and jury trials.

Mr. Zummo is a graduate of Marquette University (B.A., cum laude, 1992) and the John Marshall Law School (J.D., cum laude, 1997). Prior to entering private practice, Mr. Zummo served as a Judge Advocate in the United States Navy and a Special Assistant U.S. Attorney in the Central District of California.

• Bankruptcy Litigation Attorneys Join Vedder Price in Chicago

• Bankruptcy & Creditors' Rights
• Bankruptcy Litigation
• Commercial Litigation
• Corporate Reorganization

• Representing a senior secured creditor in the chapter 11 bankruptcy proceeding of a paper manufacturing and converting company, including adversary proceedings to determine the allocation of over $21 million in proceeds from the 363 sale of the debtor’s assets.  In that action, Mr. Zummo recently tried and defeated the claims of several mechanic’s lien claimants that asserted liens on the proceeds from the 363 sale. The opinion is reported at 2008 WL 2859103.
• Served as lead counsel to a commercial finance company in a federal district court action against defaulting guarantors of commercial borrower’s obligations under a multi-million dollar asset-based revolving and term loan credit agreement; obtained the dismissal of the defendants’ lender-liability counterclaims, persuaded the Court to strike all of the defendants’ affirmative defenses. In that action, Mr. Zummo obtained summary judgment in favor of the lender. The opinions are reported at 2006 WL 6000465 and 2007 WL 5417734.
• Representing an equipment lessor and commercial lender in a federal district court action in which a defaulting lessee brought claims against the equipment lessor based on the alleged conduct of the manufacturer.  In that action, Mr. Zummo obtained the dismissal of all of the lessee’s claims against the lessor (the opinion is reported at 2008 WL 2114867) and is currently prosecuting claims against the lessee and it guarantors.
• Represented the senior secured and TIP lender in the contested aspects of a bankruptcy action involving a $30-million asset-based credit facility, including a cash collateral dispute and the investigation of fraud, conspiracy and breach of fiduciary duty claims against the debtor’s officers and directors.
• Obtained summary judgment on behalf of an audit committee member and outside general counsel of a publicly traded corporation on federal securities fraud, common law fraud, negligent misrepresentation and Illinois Consumer Fraud Act claims arising out of a $74 million equipment lease securitization.  The opinion is reported at 2004 WL 1977572.
• Won the dismissal, with prejudice, of a purported class action complaint alleging unlawful credit collection practices under the Truth in Lending Act, the Fair Debt Collection Practices Act and the Illinois Consumer Fraud Act. The opinion is reported at 2003 WL 25765398.
• Helped negotiate an out-of-court resolution to a dispute between commercial lenders regarding allocations in an $87-million loan syndication.
• Successfully negotiated numerous workouts of commercial loan and equipment financing arrangements.

• J.D., cum laude, The John Marshall Law School, 1997
• B.A., cum laude, Marquette University, 1992

• Illinois
• District of Columbia
• U.S. District Court, Northern District of Illinois
• U.S. Court of Appeals, 7th Circuit
• U.S. Court of Appeals, 4th Circuit

• American Bar Association
• Seventh Circuit Bar Association