Mark C. Ellenberg

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

Peer Rating
 5.0/5.0
AV® Preeminent

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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 Department, advises debtors and creditors in complex financial restructuring, workout, and bankruptcy matters.

In the ResCap Chapter 11 case, Mark represents 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 and the International Who's Who of Insolvency and Restructuring Lawyers. 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." The Washingtonian and LawDragon also 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. 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.

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.

 
ISLN907621315
 

Documents by this lawyer on Martindale.com

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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....

Court Holds that San Bernardino is Eligible to File for Chapter 9
Thomas J. Curtin,Mark C. Ellenberg,Lary Stromfeld, October 28, 2013
On October 16, 2013, the U.S. Bankruptcy Court for the Central District of California ruled that the City of San Bernardino is eligible for protection under chapter 9 of the Bankruptcy Code. In re City of San Bernardino, Cal., Case No. 12-28006, 2013 WL 5645560 (Bankr. C.D. Cal. Oct. 16, 2013)....



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Office Information

Mark C. Ellenberg

700 Sixth Street, N.W.
WashingtonDC 20001




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