Ken Lodge’s practice is focused on the representation of asset-based and real estate lenders, primarily banks and finance companies, in commercial transactions involving middle-market companies. Mr. Lodge negotiates and drafts the full complement of documents which accompany such commercial transactions—loan agreements, notes, guaranties, mortgages, intercreditor agreements, subordination agreements, pledges, assignments, etc. He assists lenders in structuring credit facilities for manufacturers, distributors, retailers, developers and service companies in multi-state and international transactions. He also has significant experience in handling commercial litigation, loan restructuring, creditors’ rights and insolvency matters.
Mr. Lodge assists clients with forbearance agreements, UCC § 9-610 sales, and assignments for the benefit of creditors. When appropriate, Mr. Lodge enforces loan documents through foreclosure and injunction proceedings, especially when needed to avoid misappropriation of collateral and fraudulent transfers. He has often defended clients against lender-liability claims in both state and federal courts. Mr. Lodge has been a member of the Cook County Economic Development Advisory Committee, the Credit Review Committee of the Illinois Development Finance Authority and the Finance Committee of the Metropolitan Planning Council. He is active with Real Property and Commercial Finance committees of the American Bar Association.
Education
- J.D., Seton Hall University, 1974
- B.S., Georgetown University, 1971
Bar Admissions
- Illinois, 1977
- New Jersey, 1974
Admitted To Practice
- U.S. District Court for the Northern District of Illinois
- U.S. Court of Appeals for the Seventh Circuit
Publications & Presentations
- "The Banker as Inadvertent Fiduciary: Beware a Borrower's Special Trust and Confidence," 98 Commercial Law Journal 277, Fall 1993.
- "A Lender's Liability for Agent Misdeeds," 33 Santa Clara Law Review 811, 1993.
- Co-Author, Reducing Excessive and Unjustified Lender Liability Damage Awards, 98 Dick. L. Rev. 25 (1993) (with Thomas J. Cunningham).
Professional History
Professional Affiliations & Achievements
- Member, Chicago Bar Association
- Member, Illinois State Bar Association
- Member, American Bar Association
- Member, Union League Club of Chicago
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