Mr. Zummo focuses his practice on representing financial institutions and other corporate clients in a wide range of litigation and workout and restructuring matters throughout the United States.

Mr. Zummo has significant experience: defending securities fraud and common law fraud matters; enforcing commercial lending agreements; prosecuting civil fraud and conspiracy claims against defaulting commercial borrowers and their principals; defending class action consumer fraud matters; handling formal and informal government investigations; representing creditors in bankruptcy main cases, bankruptcy adversary proceedings, and state court insolvency proceedings; defending lender liability claims; negotiating workouts and restructurings; and handling UCC sales.

Mr. Zummo has experience in all aspects of litigation, appeals and post-judgment proceedings, including over 20 bench and jury trials.  Prior to entering private practice, Mr. Zummo served as a Judge Advocate in the United States Navy and a Special Assistant US Attorney in the Central District of California. Mr. Zummo was recognized as an Illinois Super Lawyer 2012 - 2016, and as an Illinois Leading Lawyer 2014 - 2017.

  • Practice Areas

  • Education

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

    • Illinois, 1997
    • District of Columbia, 1999
    • U.S. District Court - Northern District of Illinois (Trial Bar), 1997
    • U.S. District Court - Western District of Michigan, 2013
    • U.S. District Court - Eastern District of Michigan, 2013
    • U.S. District Court - Northern District of Indiana, 2015
    • U.S. District Court - District of Colorado, 2015
    • U.S. Court of Appeals - Seventh Circuit, 2003
    • U.S. Court of Appeals - Fourth Circuit, 2007
  • Professional Accomplishments

    • Illinois Super Lawyers, 2012 - 2017
    • Illinois Leading Lawyers, 2014 - 2017
  • Memberships

    • American Bankruptcy Institute, Member
    • American Bar Association - Business Law and Litigation Sections, Member
  • Representative Matters

    • Represented a financial institution in litigation involving claims under the Securities Act of 1933 and common law claims arising out of the issuance of more than $1 billion of residential mortgage-backed securities. In that action, Mr. Zummo obtained the dismissal of the Securities Act claim against his client, with prejudice, and the dismissal of the state law claims without prejudice. The opinion is reported at 938 F.Supp.2d 440.

    • Represented a member of the lending group in the workout of a $200 million syndicated revolving and term loan credit facility, in which the borrower claimed that Mr. Zummo's client was a defaulting lender. Mr. Zummo disposed of the claims that his client was a defaulting lender - without recourse to litigation - and ultimately negotiated a full payoff of the principal, interest and fees owed to his client.

    • Represented 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 $22 million in proceeds from the 363 sale of the debtor's assets. In that action, Mr. Zummo tried and defeated the claims of several mechanic's lien claimants that asserted liens on the proceeds from the 363 sale of the debtor's assets (the opinion is reported at 2008 WL 2859103), and the debtor's 552(b) claim seeking a $1 million carve-out from the proceeds of the 363 sale (the opinion is reported at 393 B.R. 89).

    • Obtained summary judgment against obligors under an equipment finance lease agreement, as well as against the equipment supplier and its principal, for breach of contract, fraud and conversion, including an award of punitive damages, where the defendants misrepresented the status of the equipment and attempted to resell the equipment in a separate transaction.

    • Helped negotiate an out-of-court resolution to a dispute between commercial lenders regarding allocations in a multi-million dollar loan syndication.

    • Represented a commercial finance company in a federal district court action against defaulting guarantors of a commercial borrower's obligations under a multimillion-dollar asset-based revolving and term loan credit agreement. In that action, Mr. Zummo obtained the dismissal of the defendants' lender-liability counterclaims, persuaded the court to strike all of the defendants' affirmative defenses, and obtained summary judgment in favor of the lender on all claims. The opinions are reported at 2006 WL 6000465 and 2007 WL 5417734.

    • Represented a commercial finance company in a federal district court action in which a defaulting lessee of medical equipment brought claims against the finance company (which financed several equipment leases) based on the alleged conduct of the equipment manufacturer. In that action, Mr. Zummo obtained the dismissal of all of the lessee's claims against the finance company (the opinion is reported at 2008 WL 2114867), leaving only the finance company's counterclaims for breach of the leases. Ultimately, all of the lessee's obligations to the finance company were resolved amicably.

    • Represented the senior secured and TIP lender in the contested aspects of a chapter 11 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.

    • Represented owner participants, owner trustees, and financiers of commercial aircraft in workouts and litigation against borrowers and lessees.

    • 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.

    • Represented the defendant in a Telephone Consumer Protection Act (TCPA) class action matter in which potential damages exceeded $24 million. Mr. Zummo negotiated a settlement under which the class agreed not to seek any damages from his client.

    • Represented a commercial finance company in a dispute regarding the indemnification provisions of an asset purchase agreement arising out of the UCC sale of a borrower's assets.

    • Represented a global medical equipment manufacturer and a commercial finance company in the receivership of a regional medical center.

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  • Accolades

John E. Zummo

200 South Michigan Avenue
Suite 1100
Chicago, IL 60604-2461
Office: (312) 456-3425
Cell: (312) 504-1333
Fax: (312) 939-5617