Robert J. Emanuel · Partner

Bob is a commercial litigator. His practice is largely devoted to the representation of financial institutions such as national banks, mortgage lenders and loan servicers in class and individual actions arising under federal consumer lending statutes such as the Real Estate Settlement Procedures Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act and the Truth in Lending Act and state consumer protection statutes. Bob also handles complex commercial loan workouts, commercial foreclosures, negotiable instrument litigation, motions for relief from stay and the defense of adversary proceedings.

EDUCATION

  • Chicago-Kent College of Law, J.D., 1995
  • University of Iowa, B.A., English, 1991

BAR ADMISISSIONS

  • State of Illinois
  • United States Court of Appeals for the Seventh Circuit
  • United States District Courts for the Northern and Southern Districts of Illinois

PROFESSIONAL AND COMMUNITY INVOLVMENT

Illinois Mortgage Bankers Association

Member, Board of Directors, 2010 to 2016

  • Member, Executive Committee, 2013 to 2016
  • Co-chair, Legal Issues Committee, 2013 to 2016

RECENT AWARDS AND RECOGNITIONS

  • Recognized as an Illinois “Leading Lawyer” in 2014 and 2015
  • Illinois Mortgage Bankers Association’s President’s Award, 2011
  • Illinois Mortgage Bankers Association’s Best in the Business Award, 2012

 

RECENT NOTABLE DECISIONS

  • Lesniak v. Bank of Am., 169 F. Supp. 3d 766 (N.D. Ill. 2015) (granting motion to dismiss, holding failure to plead actual damages was fatal to plaintiff’s RESPA claim);
  • Konieczka v. Wachovia Mortg. Corp., 2012 WL 1049910 (N.D. Ill. Mar. 28, 2012) (granting motion to dismiss RESPA claim where plaintiffs failed to plead actual damages sufficient to raise the possibility of relief above the speculative level);
  • U.S. Bank National Association v. Manzo, 2011 IL App (1st) 103115 (Nov. 10, 2011) (affirmed summary judgment for lender where claim for rescission under TILA was not properly asserted within three years after loan was originated);
  • Hukic v. Aurora Loan Services, 583 F.3d 420 (7th Cir. 2009) (affirmed summary judgment for loan servicer on FCRA, credit defamation, and consumer fraud claims) (argued);
  • Margulies v. Chase Manhattan Mortgage Corporation, 2005 WL 2923580 (N.J. App. Nov. 7, 2005) (affirmed summary judgment in purported nationwide consumer fraud class action involving alleged payment processing errors);

RECENT SPEAKING ENGAGEMENTS

  • Moderator, Litigation Funding – Driving Revenue and Diversity, Association of Corporate Counsel, Oakbrook, Illinois (September 17, 2019)
  • Speaker, American Conference Institute’s 23rd National Conference on Consumer Finance Class Actions & Litigation, Chicago, Illinois (July 28, 2015)
  • Speaker, American Conference Institute’s 17th National Conference on Consumer Finance Class Actions & Litigation, New York, New York (January 30, 2014)
  • Speaker, HAMP Litigation 2013, National Business Institute (webinar) (June 6, 2013)
  • Speaker, HAMP Litigation 2012, National Business Institute (webinar) (September 12, 2012)
  • Speaker, Lender Strategies for Protecting Collateral Rights, National Business Institute (webinar) (February 10, 2011)