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Robert J. Emanuel serves as senior counsel in Ice Miller’s Litigation Practice. He represents financial institutions, such as national banks, mortgage lenders and loan servicers, in class and individual actions that arise under 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, as well state statutes like the Illinois Consumer Fraud and Business Practices Act.

Bob also represents lenders, handling complex commercial loan workouts, foreclosures, negotiable instrument litigation, motions for relief from stay and the defense of adversary proceedings.

With over 20 years of legal experience, Bob has guided clients through every stage of the trial process from motions to dismiss to summary judgments to trial. He regularly handles appellate matters in state and federal court as well as before the United States Court of Appeal for the Seventh Circuit.
 
Selected Experience
  • 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) Affirming summary judgment for loan servicer where plaintiff failed to assert claim for rescission under TILA within three years after loan originated.
  • Fed. Hous. Fin. Agency v. City of Chicago, 962 F. Supp. 2d 1044 (N.D. Ill. 2013) Holding that City of Chicago’s vacant buildings ordinance was preempted by HERA.
  • Hukic v. Aurora Loan Services, 583 F. 3d 420 (7th Cir. 2009) Affirming summary judgment for loan servicer where plaintiff asserted FCRA, defamation, fraud and Illinois consumer fraud claims, argued.
  • Pines v. EMC Mortgage Corporation, 2009 WL 1683283 (D. Utah June 15, 2009) Granting summary judgment for loan servicer on FCRA and related state law lender liability claims.
  • Bilal v. Chase Manhattan Mortg. Corp., 2006 WL 1650008 (N.D. Ill. June 13, 2006) Granting motion to dismiss plaintiff’s FDCPA and Section 1983 claims.
  • Altenheim German Home v. Bank of America, N.A., 376 Ill. App. 3d 26 (2007) Affirming trial court decision, applying the “clear and convincing” standard to the presumption that an adult child is a descendent of the adopting parent for inheritance purposes.
  • Bruce v. Wells Fargo Bank, N.A., 2006 WL 1195210 (N.D. Ind. May 2, 2006) Granting motion to dismiss putative nationwide class action claims, recognizing that there is no private right of action under §1681 of the FCRA.
  • Marguiles v. Chase Manhattan Mortgage Corporation, 2005 WL 2923580 (N.J. App. Nov. 7, 2005) Affirming summary judgment in proposed nationwide consumer fraud class action involving alleged payment processing errors.
  • Porcher v. Chase Manhattan Mortgage Corporation, 2005 WL 545115 (Fla. App. 4th Dist. March 9, 2005) Reversed trial court order granting class certification in action arising from alleged payment processing errors.
  • Sosa v. Chase Manhattan Mortgage Corporation, 348 F. 3d 979 (11th Cir. 2003) Affirming dismissal of purported nationwide RESPA class action.
Speaking Engagements
  • American Conference Institute’s 23rd National Conference on Consumer Finance Class Actions & Litigation – Panelist, July 28, 2015
  • American Conference Institute’s 19th National Conference on Consumer Finance Class Actions & Litigation – Panelist, July 2019, 2014
  • American Conference Institute’s 17th National Conference on Consumer Finance Class Actions & Litigation – Panelist, January 30, 2014
  • “Hamp Litigation Update 2013,” National Business Institute, June 6, 2013
  • “HAMP Litigation Overview 2012,” National Business Institute, September 12, 2012
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