Mark Ellenberg advises debtors and creditors in complex financial restructuring, workout and bankruptcy matters.
In the ResCap Chapter 11 case, Mark represented MBIA, the largest creditor in the case, with a $2.2 billion claim. He played a leading role in the negotiations with ResCap's parent, Ally Financial, for a $2.1 billion contribution to the ResCap estate. 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.
A fellow of the American College of Bankruptcy since 2004, Mark is listed in Who’s Who Legal USA, the International Who’s Who of Insolvency and Restructuring Lawyers, and Washingtonian magazine. He is also regularly recognized as a leading lawyer by Chambers USA, in which he is acknowledged by peers as “a national heavyweight in the bankruptcy field,” praised by clients as he “takes a wise approach and has a steady hand to make the best of difficult situations,” and noted for "figuring out how to move a case forward and achieving the best results, whether it be by negotiating or litigating." LawDragon named him one of the 500 best lawyers in the United States. The Best Lawyers in America selected Mark as a leading lawyer in Bankruptcy and Creditor-Debtor Rights, Insolvency and Reorganization, and Bankruptcy Litigation, where clients noted that he is "a top notch professional", "cool and calm in negotiations" and "delivers a top result." Mark is also recognized by Super Lawyers as one of the top bankruptcy lawyers in Washington D.C., and as a key individual by Legal500. In addition, he is an Adjunct Professor at Georgetown University Law Center, teaching bankruptcy and creditors’ rights. He was co-editor of Bankruptcy Law & PracticeSixth Ed., Cowans 1994.
He 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.