Mark C. Ellenberg

Senior Counsel
Washington,  DC  U.S.A.
Phone202 862 2238

Peer Rating
AV® Preeminent

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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
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

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.

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.


Mark is a recognized leader in issues related to trading contracts. He was a member of the Safe Harbor Committee of the ABI Committee to Study the Reform of Chapter 11. 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. He is also advising a monoline insurer in connection with the potential restructuring of several billion dollars of debt issued by the Commonwealth of Puerto Rico and its public agencies.

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 Releases

Cadwalader Recognized in 2016 Edition of The Best Lawyers in America Aug 17, 2015

Recent Press

Washington's Top Lawyers Dec 07, 2009


Cadwalader Recognized in 2016 Edition of The Best Lawyers in America Aug 17, 2015


Clients & Friends Memos

Buyer (and its Creditors) Beware: SemCrude District Court Finds That Purchasers Took Oil and Gas Free and Clear of Producers' Liens Oct 13, 2015


TCEH Bankruptcy: SDNY Transfers Delaware Trust Company v. Wilmington Trust N.A. Intercreditor Dispute to Delaware Bankruptcy Court, Reaffirming Broad View of Bankruptcy Jurisdiction Nov 05, 2015


ACB 4th Circuit Program: Considering ABI's Report on Chapter 11 Reform Feb 13, 2015


Trade Alert

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


Documents by this lawyer on

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SDNY Transfers Delaware Trust Company v. Wilmington Trust N.A. Intercreditor Dispute to Delaware Bankruptcy Court, Reaffirming Broad View of Bankruptcy Jurisdiction
Thomas J. Curtin,Mark C. Ellenberg,Ellen Halstead,Howard R. Hawkins,Ivan Loncar, August 11, 2015
On July 23, 2015, in an action arising from the huge TCEH chapter 11 bankruptcy, Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York issued an opinion in Delaware Trust Company v. Wilmington Trust N.A.[1] denying plaintiff’s motion to remand the case back...

Illinois Court Strikes Down Chicago Pension Reforms, Deepening City's Financial Crisis
Ingrid Bagby,Thomas J. Curtin,Mark C. Ellenberg,Daniel Gwen,Ellen Halstead, August 10, 2015
On July 24, 2015, Judge Rita M. Novak of the Circuit Court of Cook County, Illinois struck down recently enacted legislation designed to shore up two of the City of Chicago’s severely underfunded pension plans by, among other things, reducing benefits.1 Judge Novak viewed as controlling a...

A Looming Crisis: Illinois Supreme Court Strikes Down Statute Reducing Benefits
Ingrid Bagby,Thomas J. Curtin,Mark C. Ellenberg,Daniel Gwen,Ellen Halstead, June 16, 2015
On May 8, 2015, the Supreme Court of the State of Illinois struck down recently enacted state public pension reform legislation on the grounds that the legislation violated the “pension protection clause” of the Illinois constitution. The legislation had sought to reduce...

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Office Information

Mark C. Ellenberg

700 Sixth Street, N.W.
WashingtonDC 20001


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