Mark C. Ellenberg

Partner
Washington,  DC  U.S.A.
Phone202 862 2238

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Bankruptcy Litigation
  • Corporate Restructuring & Reorganization
  • Distressed Energy
  • Distressed Finance
  • Real Estate Restructuring
  • Distressed Municipal Finance
  • Distressed Structured Products
  • Financial Restructuring
  • Municipal Derivatives
 
Contact InfoTelephone: 202 862 2238
Fax: 202 862 2400
http://www.cadwalader.com/professionals/mark-ellenberg
 
University Cornell University, B.S., 1972
 
Law SchoolGeorgetown University Law Center, J.D., 1975
 
Admitted1975, District of Columbia; U.S. District Court, District of Maryland; U.S. Court of Appeals, District of Columbia Circuit; U.S. Court of Appeals, 3rd Circuit; U.S. Court of Appeals, 4th Circuit; U.S. Court of Appeals, 5th Circuit; U.S. Court of Appeals, 6th Circuit; U.S. Court of Appeals, 8th Circuit; U.S. Court of Appeals, 10th Circuit; U.S. Court of Appeals for the Federal Circuit; U.S. District Court, District of Columbia; U.S. Court of Appeals, 2nd Circuit; U.S. Supreme Court
 
Biography

Mark Ellenberg, Co-Chair of Cadwalader's Financial Restructuring Group, 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.

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.

Experience

Mark is a recognized leader in issues related to trading contracts. He is a member of the ABI Safe Harbors Advisory Committee, which is tasked with recommending revisions to the Bankruptcy Code. 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.

News & Resources

NEWS

News Releases

•Cadwalader Recognized Among Leading Firms in The Legal 500 US 2014
Jun 27, 2014

•Super Lawyers Recognizes Cadwalader's Washington, D.C. Attorneys
Apr 25, 2014

•Cadwalader Attorneys, Practices Recognized by 2014 Chambers Global Guide
Mar 25, 2014

•The Washingtonian Names Four Cadwalader Partners to its 'Best Lawyers' List
Dec 04, 2013

•Cadwalader Recognized in 2013 Edition of The Legal 500 US
Oct 25, 2013

•2014 Edition of The Best Lawyers in America Recognizes 44 Cadwalader Attorneys Across a Range of Practices
Oct 22, 2013

•Washington, D.C., Super Lawyers Recognizes 15 Cadwalader Attorneys
May 01, 2013

•More Than 25 Cadwalader Attorneys in 17 Practice Areas Recognized by 2013 Chambers Global Guide
Apr 08, 2013

•Cadwalader Has Another Breakout Year at the IFLR Americas Awards - Firm is Recognized for Two Outstanding Achievements in Deal and Team Categories
Mar 27, 2013

•IFLR 1000 Again Names Cadwalader a Leader in Core Transactional Areas of Practice
Nov 06, 2012

•2013 Edition of The Best Lawyers In America Recognizes 45 Cadwalader Attorneys in Multiple Areas of Practice
Oct 06, 2012

•The Legal 500 Recognizes More than 15 Cadwalader Practices and 47 of the Firm's Lawyers Across U.S. Offices
Jun 06, 2012

•IFLR 1000 Again Names Cadwalader a Leader in Core Transactional Areas of Practice
Oct 19, 2011

•2012 Edition of The Best Lawyers In America Recognizes 45 Cadwalader Attorneys in 30 Areas of Practice
Sep 06, 2011

•Super Lawyers Taps Cadwalader DC Attorneys as Outstanding in Their Fields
May 20, 2011

•The Best Lawyers In America Recognizes 37 Cadwalader Attorneys in 21 Areas of Practice
Aug 04, 2010

•Washingtonian Names Three Cadwalader Attorneys Top Lawyers
Dec 03, 2009

•Cadwalader Commended in 2010 IFLR 1000
Oct 07, 2009

•2010 Edition of The Best Lawyers In America Recognizes Numerous Cadwalader Attorneys
Aug 07, 2009

•Cadwalader Lauded in Multiple Practices in Chambers USA
Jun 12, 2009

Recent Press

•Washington's Top Lawyers
Dec 07, 2009

Recognition

•Cadwalader Recognized Among Leading Firms in The Legal 500 US 2014
Jun 27, 2014

•Chambers and Partners USA 2014
May 23, 2014

•Super Lawyers Recognizes Cadwalader's Washington, D.C. Attorneys
Apr 25, 2014

•Cadwalader Attorneys, Practices Recognized by 2014 Chambers Global Guide
Mar 25, 2014

•Cadwalader Recognized in 2013 Edition of The Legal 500 US
Oct 25, 2013

•2014 Edition of The Best Lawyers in America Recognizes 44 Cadwalader Attorneys Across a Range of Practices
Oct 22, 2013

•Chambers and Partners USA 2013
May 24, 2013

•Super Lawyers Recognizes 15 Cadwalader Attorneys in Washington, D.C.
May 01, 2013

•International Financial Law Review's 2013 IFLR 1000
Nov 06, 2012

•Super Lawyers 2012
Oct 15, 2012

•The Best Lawyers In America 2013
Oct 06, 2012

•Chambers and Partners USA 2012
Jun 07, 2012

•2012 Legal 500 US
Jun 06, 2012

RESOURCES

Clients Friends Memos

•Lyondell Bankruptcy Court Holds That Safe Harbors Do Not Prohibit Creditors From Asserting State Law Constructive Fraudulent Transfer Claims
Jan 29, 2014

•Lehman Bankruptcy Court Issues Safe Harbor Decision
Jan 06, 2014

•Court Rules that Detroit is Eligible for Chapter 9 and that Pensions May be Impaired in Chapter 9
Dec 06, 2013

•Insurers Seek Enforcement of State Law Protections for City of Detroit GO Bonds
Nov 12, 2013

•Court Holds that San Bernardino is Eligible to File for Chapter 9
Oct 24, 2013

•Detroit Bankruptcy Court Refuses Stay of Chapter 9 Eligibility Hearing Under Stern v. Marshall
Sep 30, 2013

•Court Approves Extension of the Automatic Stay in Detroit's Chapter 9 Case to State Officials
Jul 26, 2013

•City of Detroit Files Chapter 9 Bankruptcy Petition - Challenges Ahead
Jul 19, 2013

•Court Holds that Stockton is Eligible to File for Chapter 9
Apr 03, 2013

•State Review Team Finds Financial Emergency in City of Detroit. What is Next for the City of Detroit?
Feb 19, 2013

•City of Stockton: Bankruptcy Court Holds that Rule 9019 Does Not Apply to Chapter 9 Debtors
Jan 31, 2013

•SDNY Bankruptcy Court Interprets Section 546(e)'s Safe Harbors in Lehman-JPMorgan Dispute
May 03, 2012

•Delaware's Not So Safe Harbors: Third Circuit Bankruptcy Court Declines to Rule that a Payment on a Letter of Credit is an Avoidance-Proof Settlement Payment
Apr 17, 2012

•English Court of Appeal Interprets the ISDA Master Agreement
Apr 12, 2012

•Bankruptcy Court for Southern District of New York Prohibits Triangular Setoff Provided for in Safe Harbored Contract
Oct 12, 2011

•Living Wills: FDIC Modifies, Finalizes Rules
Sep 23, 2011

•FDIC Approves Rule Making With Respect to Orderly Liquidation Authority; Defers Ruling on Living Wills
Jul 28, 2011

•Stern v. Marshall: How Big Is It?
Jul 14, 2011

•The Dodd-Frank Act: How It Impacts Specific Institutions, Entities and Transactions
Jun 22, 2011

•Living Wills: A User's Guide To Dodd-Frank's Bequest to Banks
Jun 13, 2011

•S.D.N.Y. Bankruptcy Court Continues to Construe Bankruptcy Code's Safe Harbor Provisions Narrowly
Jun 07, 2011

•Third Circuit Upholds Use of Discounted Cash Flow Method Under Bankruptcy Code Section 562 in In re American Home Mortgage Holdings, Inc., et al.
Mar 02, 2011

•High Court Interprets Section 2(a)(iii) of the ISDA Master Agreement
Dec 22, 2010

•S&P Reconsiders De-Linked Rating for Bank-Sponsored Securitizations That Fall Outside FDIC's Final Safe Harbor Rule
Nov 22, 2010

•S&P Likely to Refuse De-Linked Ratings for Bank-Sponsored Securitizations That Fail to Meet FDIC's Final Safe Harbor Rule
Oct 27, 2010

•District Court Grants BNY Leave to Appeal Bankruptcy Court's Interlocutory Order In Lehman, Prohibiting Enforcement Of Ipso Facto Clause In Swap
Oct 13, 2010

•FDIC Adopts Final Securitization Safe Harbor Rule
Oct 11, 2010

•FDIC Approves Final Securitization Safe Harbor
Sep 28, 2010

•Orderly Liquidation of Financial Companies, Including Executive Compensation Clawback, Under the Dodd-Frank Wall Street Reform and Consumer Protection Act
Jul 20, 2010

•U.S. Senate Bill Creates New Regime for Orderly Liquidation of Financial Companies That Present Systemic Risk
Jun 01, 2010

•Securitization Reforms: What is the Current State of Play?
May 26, 2010

•U.S. District Court Affirms Delaware Bankruptcy Court Decision in SemCrude Prohibiting Triangular Setoff
May 25, 2010

•FDIC Seeks Stronger, Sustainable Securitizations by Imposing Additional Conditions to Eligibility for Securitization Safe Harbor
May 21, 2010

•Lehman Bankruptcy Court Rules Safe Harbors Do Not Override Setoff Mutuality Requirement
May 06, 2010

•Lehman Court Finds Payment Priority Provision Is Unenforceable Ipso Facto Clause, And Must Be Part Of Swap For Safe Harbor Protection
Jan 29, 2010

•The Revised FDIC Securitization Safe Harbor Rule; The FDIC Responds to Changes in GAAP Accounting Rules with Proposed Sweeping Regulation of Bank Securitization Structures
Dec 22, 2009

•American Home Court Denies Bank's Deficiency Claim by Accepting Discounted Cash Flow Valuation of Mortgage Loan Portfolio Subject to Repurchase Agreement
Sep 17, 2009

•GGP Bankruptcy Court Denies Motions to Dismiss Twenty Property Level Bankruptcy Cases as Bad Faith Filings
Aug 13, 2009

•Litigation Challenges Counterparty Right to Withhold Payments under Section 2(a)(iii) of ISDA Master Agreement as Violation of Automatic Stay Provisions of U.S. Bankruptcy Code
Aug 11, 2009

•General Growth Properties Bankruptcy Court Enters Final Order on Cash Collateral, Cash Management, and DIP Financing Issues
May 18, 2009

•General Growth Properties Bankruptcy Court Defers Final Ruling on Cash Collateral, Cash Management and DIP Financing Issues
May 11, 2009

•The Banking Act 2009: Counterparty Rights and Insolvent Banks
Mar 10, 2009

•Delaware Bankruptcy Court Decision in SemCrude Poses Setback to Triangular Setoff
Jan 16, 2009

Articles

•A Debtor-Friendly View Of Safe Harbors
Aug 22, 2011

•The Price of Terminating a Mortgage Loan Repurchase Agreement
Apr 11, 2011

•Same question, different outcome: s 2(a)(iii) of the ISDA Master Agreement under English and US insolvency law
Mar 01, 2011

•Lehman Bankruptcy Court Rules Safe Harbors Do Not Override Setoff Mutuality Requirement
May 24, 2010

•The Enforceability of Structured Finance Subordination Provisions: Where to Next?
May 01, 2010

•The Dante Decision: A Legal Analysis
Feb 15, 2010

•Lehman Brothers Bankruptcy Filings: Issues for Replacement Swap Counterparties and their Municipal Clients
Mar 02, 2009

Events

•Distressed Municipality Spotlight: Detroit
Jan 10, 2013

•Distressed Energy Investments
Jun 14, 2012

Newsletters

Trade Alert




•Trade Alert - May 2014, Issue 5
Jun 03, 2014

 
ISLN907621315
 

Documents by this lawyer on Martindale.com

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No Market Interest Rate and No Make Whole: Momentive Performance Court Rejects Lender Arguments Against Confirmation
Ingrid Bagby,Mark C. Ellenberg,Michael A. Stevens, September 23, 2014
On August 26, 2014, Judge Robert D. Drain of the United States Bankruptcy Court for the Southern District of New York ruled that (i) the debtors could satisfy the cramdown requirements of section 1129(b) of the Bankruptcy Code by issuing to certain secured noteholders replacement notes with...

Lyondell Bankruptcy Court Holds That Safe Harbors Do Not Prohibit Creditors From Asserting State Law Constructive Fraudulent Transfer Claims
Israel Dahan,Mark C. Ellenberg,Michael Stevens, February 4, 2014
On January 14, 2014, Judge Robert E. Gerber of the United States Bankruptcy Court for the Southern District of New York in Weisfelner v. Fund 1. (In re Lyondell Chemical Co.), Adv. Proc. No. 10-4609 (REG), 2014 WL 118036 (Bankr. S.D.N.Y. Jan. 14, 2014) held that section 546(e) of the Bankruptcy...

Lehman Bankruptcy Court Issues Safe Harbor Decision
Kathryn Borgeson,Mark C. Ellenberg,Lary Stromfeld,John H. Thompson, January 7, 2014
On December 19, 2013, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York issued his latest decision in the Lehman Brothers cases addressing the scope of the safe harbor provisions of the Bankruptcy Code. Michigan State Housing Development Authority v....



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Office Information

Mark C. Ellenberg

700 Sixth Street, N.W.
WashingtonDC 20001




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