​​DAVID A. NEWBY
Partner

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Phone:   (630) 434-0400 ext. 130
Direct Line:   (630) 541-1292
Fax:   (630) 434-0444

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​​​AREAS OF PRACTICE

Commercial and Civil Litigation
Commercial Bankruptcy

​David A. Newby is a partner in the firm. Prior to joining the firm, he was the founding and managing member of Johnson & Newby, a bankruptcy and commercial litigation boutique firm, and was previously an associate and partner in the Chicago law firm of D'Ancona & Pflaum.

Mr. Newby concentrates his practice in business bankruptcy and related commercial litigation, in which he has represented debtors, secured and unsecured creditors, trustees, committees, landlords, tenants, and litigants in adversary proceedings. He also represents landlords in commercial lease disputes and debtors and creditors in out-of-court restructurings and liquidations. Among his engagements have been the representation of parties in the bankruptcy cases of United Airlines, Kmart Corp., Ritz Camera, Buffets Holdings (Old Country Buffets), Neumann Homes, Wickes, and Sports Authority.

Mr. Newby has served as a member of the Board of Directors of the Chicago Chapter of the Turnaround Management Association as well as on the Board and founding Chair of the Bankruptcy Committee of the Young Lawyers Section of the Chicago Bar Association. He is a member of the Chicago Bar Association Bankruptcies and Reorganization Committee and the American Bankruptcy Institute, which has certified him as an American Board of Certification Business Bankruptcy Specialist. He is a 1985 graduate of Columbia University School of Law, where he was the director of the school's moot court programs and a teaching assistant. Mr. Newby graduated magna cum laude in 1982 from Wabash College at which he was the recipient of the Lilly Scholarship and was elected to Phi Beta Kappa. Mr. Newby has also been selected as an Illinois Super Lawyer each year from 2010 - 2022. The Super Lawyer designation is given only to 5% of the attorneys in the state

​​REPRESENTATIVE CASES

• In re Kmart Corp., 286 B.R. 345 (Bankr. N.D. Ill. 2002) 
• In re Spanjer Brothers, Inc., 203 B.R. 85 (Bankr. N.D. Ill. 1996)
• In re Spanjer Brothers, Inc., 191 B.R. 738 (Bankr. N.D. Ill. 1996)
• In re FBN Food Services, 82 F.3d 1387 (7th Cir. 1996)
• In re Capen Wholesale, Inc., 184 B.R. 547 (N.D. Ill. 1995)
• Pullman Construction Ind. v. U.S., 23 F.3d 1166 (7th Cir. 1994)
• In re Luria Steel and Trading Corp., 164 B.R. 293 (Bankr. N.D. Ill. 1994)
• U.S. v. Pullman Construction Ind., 153 B.R. 539 (N.D. Ill. 1993)
• Pullman Construction, 132 B.R. 359 (Bankr. N.D. Ill. 1991)

Bar admissions

• Illinois, 1985
• U.S. District Court for the Northern District of Illinois, 1985
• U.S. District Court for the Central District of Illinois, 2013

​PRESENTATIONS

• The Honorable Robert E. Ginsberg Annual Program on Commercial Bankruptcy Law, Chicago Bar Association
• "Bankruptcy Issues for Small Businesses", Seminar Presentation, Chicago Bar Association, Bankruptcy Committee
• "Seventh Circuit Review", Seminar Presentation, Chicago Bar Association, Bankruptcy Committee
• "When the Tenant Files Bankruptcy", Seminar Presentation, client groups

HONORS AND AWARDS

• DuPage County Bar Association Board of Directors Award, 2018-2019
• Leading Lawyers, Peer Selected
• Martindale-Hubbell, AV-Rated
• Super Lawyers (Bankruptcy), 2010-2022
• Certified Business Bankruptcy Specialist, American Board of Certification/American Bankruptcy Institute, 2005-Present *
• Director, Moot Court Program, Columbia University School of Law, 1984-1985

*The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and the certificate is not a requirement to practice law in Illinois.

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

DuPage County Bar Association

• Section Chair for the Bankruptcy Section, 2018
• Vice-Chair of the Bankruptcy Committee, 2017

​Chicago Bar Association, Bankruptcies and Reorganizations Committee

American Bankruptcy Institute, Member

Family Shelter Service, Hesed House, and Little Friends, Volunteer

Knox Presbyterian Church, Naperville, IL, Ruling Elder 2005-2008

Turnaround Management Association, Chicago Chapter, Chair Communications Committee and Board Member, 1999

Chicago Bar Association, Young Lawyers Section, Founding Chair Bankruptcy Committee and Board Member, 1993-1995

Chicago Bar Association, Young Lawyers Section, Chair, Moot Court Committee, 1988-1989

education

Columbia University School of Law, New York, New York, 1985

• J.D.

Wabash College, Crawfordsville, Indiana, 1982

• B.A., Political Science, Magna Cum Laude
• Phi Beta Kappa

past employment

• Coman & Anderson (later, Coman Law Group), Lisle, IL, Partner, 2010-2016
• Johnson & Newby, Chicago, IL, Founding Member, 2005-2010
• Towbin & Zazove (D’Ancona & Pflaum after practice merger), Chicago, IL, Associate and Partner, 1990-2000