Kenneth D. Peters

Partner

Chicago

312-602-7362

Biography

Ken Peters builds value for his clients. As a former executive in the oil industry, he brings to every engagement valuable first-hand experience with the entire business lifecycle. This perspective makes him more than a lawyer. He can be a business partner who listens carefully to each client’s goals before recommending a strategy or presenting alternative approaches. He understands the pressure clients face to produce results, and he relishes earning their trust and having candid discussions about difficult business and legal issues that can impact corporate reputation and financial success.

Ken’s clients receive direct advice on alternative steps for handling along with straightforward explanations on advantages and disadvantages.

Ken focuses on representing banks, financial institutions, large multi-national corporations and LLCs in all matters related to commercial litigation, financing arrangements and creditor rights. He also represents small and mid-size industrial companies and financing companies in a wide variety of practice areas and industries that call for his strategic, common-sense approach. Clients seek his business and legal counsel on a broad range of issues, including secured transactions, letters of credit, asset foreclosures, commercial collections, workouts and reorganizations, covenants not to compete and business disputes arising from breaches of contract.

Ken also draws on valuable business insights gained from teaching at the MBA program at the Lake Forest Graduate School of Management and serving on corporate boards. He was one of the highest-rated instructors and served on the curriculum council. He has also taught continuing legal education courses at the Chicago Bar Association and at ExxonMobil to in-house attorneys. He has published articles on a broad range of practice areas. In corporate boardrooms, Ken has learned the importance of adhering to missions and to achieving the highest standards of ethics and compliance.

Ken resides in Chicago’s northern suburbs with his wife, and he has three children. He spends much of his free time following the Cubs, Blackhawks, USC, UCF and Illinois football. He also has “season tickets” to the Chicago Symphony Orchestra.


Representative Legal Achievements

  • Solidified the case law affirming a secured lender’s right to pursue cumulative and simultaneous remedies; specifically, foreclosing on collateral (an aircraft) and simultaneously obtaining a deficiency judgment for the full amount due and owing in the United States District Court, Eastern District of Michigan. (He domesticated the judgment in Florida and foreclosed on Florida residence notwithstanding Florida Homestead Laws).
  • Represented the Senior Lender in the Turnaround Management Association’s 2013 Small Company Turnaround of the Year. Forced an aircraft ambulance company into Chapter 11, worked on restructuring the company (including the 363 sale of aircraft). The Senior Lender received a seven-figure lump sum payment to the Senior Lender, and we re-wrote the debt due to the Senior Lender, which was paid in full.
  • Successfully defended a title company against a suit filed by a national bank alleging wrongful raiding of nine employees and more than $100,000,000 in damages.
  • Obtained Chapter 11 Plan payments for the entire amount of a seven-figure unsecured trade debt due to an industrial client in the United States Bankruptcy Court, District of Arizona.
  • Successfully recovered payment in full of over $3,000,000 on an SBA loan which was secured on environmentally sensitive commercial real estate.
  • Developed state of the art transactional documents for SaaS agreements for use in a five-party transaction.
  • Provided guidance on a $300,000,000 letter of credit.
  • Represented a steel company, with the assistance of environmental and corporate counsel, in its acquisition of distressed competitor steel company.

Credentials

Education

University of Illinois College of Law, J.D.
Middlebury College, B.A.

Admissions

Illinois
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Sixth Circuit
U.S. District Court, Northern District of Illinois
U.S. District Court, Central District of Illinois
U.S. District Court, Southern District of Illinois
U.S. District Court, Northern District of Indiana
U.S. District Court, Southern District of Indiana
U.S. District Court, Eastern District of Michigan
U.S. District Court, Western District of Michigan
U.S. District Court, Eastern District of Wisconsin
U.S. District Court, Western District of Wisconsin
U.S. District Court, District of New Mexico
U.S. District Court, District of Nebraska
U.S. District Court, District of Colorado

Noteworthy

Accolades

Recognition

Professional and Civic Activities

Chairman of legal committee of National Equipment Finance Association

Affiliations

Equipment Lease and Finance Association
Illinois Bankers Association