Melissa Root

MELISSA M. ROOT, Managing Partner, Chicago Melissa M. Root is a restructuring and bankruptcy lawyer. She has deep experience representing creditors, official committees, debtors, examiners and trustees in complex financial restructuring matters and high stakes bankruptcy litigation. Ms. Root is a co-chair of the firm?s Restructuring and Bankruptcy Practice and the Managing Partner of the Chicago office. She is also a member of the Bankruptcy Litigation, Energy and ERISA Litigation Practices. In addition, she is a member of the firm?s Management Committee, the co-chair of the firm?s Hiring Executive Committee, the co-chair of the Women?s Forum affinity group, and a member of its Diversity and Inclusion Committee. A significant part of Ms. Root?s practice includes representing official committees of creditors and retired employees. She currently represents the official committee of government retirees in the Commonwealth of Puerto Rico?s Title III case, and she previously represented retiree committees in The Budd Company, American Airlines and Walter Energy chapter 11 cases. Ms. Root also has significant experience representing creditors in major energy bankruptcy cases. Ms. Root also represents debtors in possession, and currently serves as counsel to USA Gymnastics. In addition, Ms. Root frequently represents parties in bankruptcy related appellate matters. Ms. Root recently served as counsel for the prevailing petitioners before the United States Supreme Court in Wellness International Network, Limited v. Sharif. She also served as counsel for the American Bar Association in connection with its amicus curiae brief filed in the Supreme Court in Executive Benefits Insurance Agency v. Arkinson and as counsel for the National Association of Bankruptcy Trustees in connection with its amicus curiae brief filed in the Supreme Court in Baker Botts L.L.P and Jordan, Hyden, Womble, Culbreth & Hozer, P.C. v. Asarco LLC. Ms. Root also devotes significant time to pro bono work and community service. She currently represents a class of former students in the ITT Technical Institute bankruptcy case. Ms. Root?s pro bono work also includes her representation of a domestic violence shelter in its chapter 11 case, a federal habeas petitioner before the Seventh Circuit and plaintiffs asserting 1983 claims. Ms. Root is also a Board Member of Cabrini Green Legal Aid, and she is an alumna of Leadership Greater Chicago. Ms. Root is a leader in many professional organizations. She currently serves as board member of the Chicago Chapter of the Coalition of Women’s Initiatives in Law. Melissa previously served served as the national co-chair of the American Bar Association Section of Litigation?s Woman Advocate Committee, and for several years, she served as the national co-chair of the American Bar Association Section of Litigation?s Bankruptcy & Insolvency Committee. Ms. Root is active in the American Bankruptcy Institute; she serves on the Advisory Committee for several conferences and was selected to be part of the ABI?s inaugural 40-under-40 class. She also served as the Chicago Network co-chair of the International Women in Insolvency and Restructuring Confederation and on its board for several years. Locally, Ms. Root served a two-year position on the Bench/Bar Liaison Committee for the United States Bankruptcy Court for the 2 Northern District of Illinois. Ms. Root represents a broad range of clients in a variety of restructuring and bankruptcy related matters, including chapter 11 debtors, creditors and official committees of creditors, purchasers of distressed assets, examiners and trustees. Representative matters include: Representation of USA Gymnastics in its chapter 11 bankruptcy. Representation of the Official Committee of Retirees in the Title III cases for the Commonwealth of Puerto Rico, representing the interests of approximately 167,000 public-sector retirees, owed approximately $50 billion in connection with the funding of their accrued pensions. Representation of the class of student creditors in the ITT Technical Institute bankruptcy case. Representation of a leading financial institution in federal and state cases concerning alleged losses in securities lending program during 2008 financial crisis. Representation of petitioner Wellness International Network Limited in the United States Supreme Court in a case addressing the constitutional authority of bankruptcy courts to enter judgments with the consent of the litigants. Representation of the Committee of Executive and Administrative Retirees in the chapter 11 case of The Budd Company, Inc. Representation of the Section 1114 Committee of Retired Employees in the chapter 11 case of AMR Corp. and American Airlines, Inc. Representation of Public Service Enterprise Group (PSEG) in connection with the chapter 11 bankruptcy cases of Dynegy Holdings, LLC and certain of its affiliates and in the Edison Mission Energy bankruptcy cases, involving issues arising out of complex sale-leaseback transactions of the debtors. Representation of the Official Committee of Unsecured Creditors in In re Gourmet Kitchens, Inc., currently pending before the United States Bankruptcy Court for the Northern District of Illinois. Representation of the largest creditor in the In re Lauth Investment Properties case before the United States Bankruptcy Court for the Southern District of Indiana in a complex bankruptcy litigation matter. Representation of the Examiner in the bankruptcy proceedings of Lehman Brothers Holdings, Inc. before the United States Bankruptcy Court for the Southern District of New York. Representation of the trustee for Griffin Trading in Leroy Inskeep, trustee for Griffin Trading Company v. Roger Griffin et al., 01-00007 (Bankr. N.D. Ill.) in his appeal to the United States Court of Appeals for the Seventh Circuit. Representation of Canopy Financial, Inc. in its chapter 11 case and, after the conversion of Canopy?s case to a liquidation proceeding, representation of the chapter 7 trustee as his special counsel. Representation of Albert Togut, the chapter 7 trustee of Refco, LLC, acting as his special counsel with respect to matters including the sale of Refco, LLC?s business and commodities bankruptcy advice in connection with the liquidation of Refco?s residual assets in what was believed to be the largest chapter 7 case ever filed. Representation of the trustee of QT, Inc., Q-Ray Company, and Que T Park in chapter 11 and 7 proceedings in the United States Bankruptcy Court for the Northern District of Illinois. The trustee was appointed in the wake of a court appointed examiner?s report on allegations of fraud, dishonesty, incompetence, misconduct, mismanagement and irregularity in the management of the affairs of the debtors. Representation of the debtor and its affiliates in In re Pac-West Telecomm, Inc. before the United States Bankruptcy Court for the District of Delaware in its successful reorganization and emergence from chapter 11 bankruptcy. 3 Representation of Southwest Women Working Together as debtor’s counsel on a pro bono basis in its chapter 11 bankruptcy case that started in 2007 in the United States Bankruptcy Court for the Northern District of Illinois. Ms. Root maintains an active pro bono practice representing clients in bankruptcy cases and in other matters. She is also active in the community and the bar and a frequent speaker on a variety of restructuring and bankruptcy topics, as well as matters relating to recruiting, hiring, and diversity and inclusion. Awards American College of Bankruptcy Fellow American Bankruptcy Institute “40 Under 40,” 2017 Best Lawyers in America, 2023 Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization LawLitigation – Bankruptcy Chambers USA Bankruptcy/Restructuring (Illinois), 2018, 2019, 2020, 2021, 2022 Crain’s Chicago Business “Notable Women in Law,” 2022 Illinois Super Lawyers “Rising Star,” Bankruptcy & Creditor/Debtor Rights, 2012-2018 Illinois Super Lawyer, Bankruptcy Business, 2019-2020 The M&A Advisor “Emerging Leader,” 2016 Selected participant in The National Conference of Bankruptcy Judges inaugural ?Next Generation” program Community Cabrini Green Legal Aid Board Member and Finance Committee Co-Chair Coalition of Women’s Initiatives in Law Board Member, Chicago Chapter Economic Club of Chicago Member Leadership Greater Chicago Fellow ? 2015 Service To The Bar American Bar Association Co-Chair, The Women Advocate Committee (2017) Co-Chair, Bankruptcy & Insolvency Litigation Committee (2014-2017) American Bankruptcy Institute Member, Bankruptcy Litigation Subcommittee 4 Northern District of Illinois Bankruptcy Liaison Committee Member (2012-2014) International Women’s Insolvency and Restructuring Confederation Member and past Chair and member of the Board of Directors (Chicago Network) Publications Client Alert: Co-Author, COVID-19: “Managing Financial Disruption”, March 13, 2020 Contributing Editor, Collier on Bankruptcy, 2018 Co-Author, ?The High Court Closes the Statutory Gap in Bankruptcy Procedure?, ABA Section of Litigation, Bankruptcy & Insolvency Journal, September 17, 2014 Co-Author, ?Voluntary Bankruptcy Adjudication: Why Consent Matters,? ABA Section of Litigation Bankruptcy and Insolvency Journal, March 27, 2014 Co-Author, Disclosures, Deficiencies and Diligence: A Smorgasbord of Risks and Rewards, National Conference of Bankruptcy Judges, ABA Programming, October 31, 2013 “Facing Failure: Service Contracts and the FDIC’s Role as Receiver,” Law.com, October 31, 2008 “When Law Firms Go Broke: A Primer on Partner Liability for Unpaid Debts,” Bankruptcy Litigation Reporter, Vol. 2, No. 13, October 24, 2005 Speaking Engagements Speaker, Annual Managing Partner and General Counsel Forum, July 19, 2022 “Restructuring and Plan-Support Agreements and Other Trends in Out-of-Court Restructurings,” ABI Winter Leadership Conference, December 10, 2021 “Hospitality Real Estate in a Less Than Hospitable Post-Pandemic Environment,” AIRA conference, June 08, 2021 Co-Presenter, “Being a Resilient Lawyer in Challenging Times,” Jenner & Block 2021 CLE Relay., May 07, 2021 Panelist, “Law Firm Diversity Hiring: Practices & Tips,” Arab American Bar Association of Illinois CLE Series: Diversity & Inclusion, January 18, 2021 ?Eye on Bankruptcy,? American Bankruptcy Institute, August 29, 2019 Panelist, Plan Confirmation Issues, American Bankruptcy Institute Spring Meeting 2019, April 12, 2019 Panelist, ?Bankruptcy Litigation,? Financier Worldwide Magazine, July 2017 Panelist, “Developments in Municipal Bankruptcy,? American Bankruptcy Institute Winter Leadership Conference, 2017 Panelist, ?Section 546(e): Rough Waters in the ?Safe Harbor,?? The Hon. Robert E. Ginsberg Annual Program on Commercial Bankruptcy Law, November 15, 2016 Panelist, ?Sigmund J. Beck Advanced Chapter 11 Roundtable”, 2015-2017 Panelist, Section 546(e): Rough Waters in the ?Safe Harbor,?? The Hon. Robert E. Ginsberg Annual Program on Commercial Bankruptcy Law, 2015 5 Panelist, ?U.S. Solutions to Bankruptcy Problems,? Training Program on Bankruptcy Law, March 07, 2014 University of Chicago Latino/a Law Student Association’s 1L Summer Employment Panel & Reception, January 16, 2014 Participant, Northwestern University Wildcat Professional Excellence Program, November 10, 2013 Panelist, “Disclosures, Deficiencies and Diligence: A Smorgasbord of Risks and Rewards,” National Conference of Bankruptcy Judges, ABA Programming, October 31, 2013 Co-Presenter, “Disclosures, Deficiencies and Diligence: A Smorgasbord of Risks and Rewards,” National Conference of Bankruptcy Judges, ABA Programming, October 31, 2013 Co-Presenter, “Financial Examiners in Bankruptcy: The Role of the Professionals,” Illinois CPA Society 2013 Fraud Conference, October 23, 2013 ?Becoming the Captain of Your Career: Marketing Yourself in Today?s Legal World,? Women?s Leadership Coalition Symposium, Northwestern University School of Law, February 12, 2013 “Bridge-the-Gap: Basic Skills for Newly Admitted Illinois Attorneys,” Chair for Practicing Law Institute, Chicago, IL, November 14, 2012 to December 14, 2012 Faculty, ?Bridge-the-Gap: Basic Skills for Newly Admitted Illinois Attorneys 2012,? Practising Law Institute, November 14, 2012 Faculty, ?Deposition Strategy and Taking the Deposition,? Taking and Defending Depositions 2012, Practising Law Institute, Chicago, IL, June 04, 2012 Presentation on Software Escrow and Bankruptcy, Association of Corporate Counsel – Information Technology and eCommerce Committee Teleconference, December 01, 2005