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Mark C. Ellenberg
Mark Ellenberg advises debtors and creditors in complex financial restructuring, workout, and bankruptcy matters. In the Lehman bankruptcy cases, he represented Morgan Stanley with respect to over $1 billion in claims related to the close out of derivative and commodities contracts. He represented LyondellBasell in its Chapter 11 reorganization cases, where he assisted the company in obtaining an $8 billion debtor in possession loan and in the confirmation of a groundbreaking plan of reorganization that discharged European, as well as US debts. His diverse experience also includes representation of Northwest Airlines, Geneva Steel, and Zenith Laboratories, Inc. in their chapter 11 reorganization cases. He has also represented a bond holder group that provided debtor-in-possession financing to Verasun, the largest U.S. producer of ethanol, and the official unsecured creditors committees for Grove Worldwide, the leading manufacturer of mobile cranes, for Winstar, a leading broadband services provider, and Jitney Jungle, a supermarket chain with close to 200 stores in the Southern United States.
Mark is a recognized expert in issues related to trading contracts. In the Enron chapter 11 case, Mark was special counsel to the debtors for issues related to the close out of the debtors' $60 billion trading book. He regularly advised Bear Stearns on bankruptcy issues relating to trading contracts and derivatives, and actively participated in the preparations for a possible bankruptcy filing by that company in March 2008. In addition to Morgan Stanley, he represented a number of creditors in the Lehman bankruptcies, and regularly advises financial institutions on trading contract and derivatives issues. He is also representing a number of MF Global creditors on issues such as the return of excess collateral and letters of credit.
Mark represented XL Capital, a global insurance company, with respect to the successful termination of an $80 billion guaranty of credit default swap and other liabilities of monoline insurance company SCA (now known as Syncora). In the case of Mutual Benefit Life Insurance Company, the largest insurance company failure then on record, Mark led the legal team drafting a rehabilitation plan for the $12 billion institution and was lead counsel in the plan confirmation hearing. He played the same role in the rehabilitation of the Confederation Life Insurance Company, U.S. Branch.
Mark was a principal member of the team representing the official committee of Dalkon Shield claimants in the A. H. Robins bankruptcy, obtaining a $2.5 billion trust fund to pay for Dalkon Shield injuries and participating in a pioneering estimation proceeding for the 300,000 filed Dalkon Shield claims. He has also advised secured creditors concerning a wide variety of real estate workout and bankruptcy matters, involving such properties as the Aladdin Hotel & Casino, shopping centers, office buildings, and apartment buildings.
Mark became a fellow of the American College of Bankruptcy in 2004 and is listed in Who's Who Legal USA and the International Who's Who of Insolvency and Restructuring Lawyers. He has also been recognized as a leading lawyer by several publications, including Chambers USA, The Washingtonian and Lawdragon, which named him one of the 500 best lawyers in the United States. The Best Lawyers in America also selected Mark as a leading lawyer in Bankruptcy and Creditor-Debtor Rights Law and Bankruptcy Litigation where clients noted that he is "a top notch professional", "cool and calm in negotiations" and "delivers a top result." In addition, he is an Adjunct Professor at Georgetown University Law Center, teaching bankruptcy and creditors' rights. He was co-editor of Bankruptcy Law & Practice Sixth Ed., Cowans 1994.
Mark is a graduate of Cornell University, where he received a B.S. degree in 1972. He received his J.D. degree from Georgetown University Law Center in 1975 and served as Research Editor of the Georgetown Law Journal. Following law school, Mark served as law clerk for The Honorable Thomas A. Flannery, Judge, United States District Court for the District of Columbia.
Mark is a member of the American Bar Association and the District of Columbia Bar Association. He is admitted to practice in the District of Columbia and before the United States Supreme Court, the District of Columbia, 2d, 3d, 4th, 5th, 6th, 8th, 10th, and Federal Circuits of the United States Courts of Appeals, and the United States District Courts for the Districts of Columbia and Maryland.
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