Mark M. Weisenmiller: Lawyer with Gordon Silver

Mark M. Weisenmiller

Mr. Weisenmiller is an associate in the firm’s Business Restructuring & Bankruptcy Department. His primary practice is corporate restructuring and complex insolvency involving both small and large businesses.
Associate
Las Vegas,  NV  U.S.A.
Phone(702) 796-5555

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Experience & Credentials
 

Practice Areas

  • Business Restructuring & Bankruptcy
  • Bankruptcy Litigation
 
University Concordia University, Portland, Oregon, B.A., Interdisciplinary Studies, 2002; Concordia University, Portland, Oregon, M.A., Teaching Social Studies, 2003
 
Law SchoolUniversity of Nevada, Las Vegas William S. Boyd School of Law, J.D., 2010
 
Admitted2010, Nevada; 2013, U.S. District Court, Nevada
 
Memberships 

Affiliations
•State Bar of Nevada, Member
•American Bankruptcy Institute, Member
•Southern Nevada Association of Bankruptcy Attorneys, Member

 
Biography

Mr. Weisenmiller is an associate in the firm's Business Restructuring & Bankruptcy Department. His primary practice is corporate restructuring and complex insolvency involving both small and large businesses.

Representative Experience
•Assisted Ahern in its successful Chapter 11 restructuring, effectively guiding the company through contentious litigation with the company's lenders relating to leases and affiliate transactions, involving considerable e-discovery, obtaining approval of a postpetition credit facility of approximately $250 million, and negotiating the consensual use of cash collateral. Ahern obtained confirmation of its plan, allowing for the restructuring of more than $650 million in debt, payment in full of unsecured creditors, and the retention of ownership by the Ahern family.
•Assisted statutory lienholders owed in excess of $300 million in Fontainebleau's ongoing bankruptcy proceeding in the United States Bankruptcy Court in Florida. Gordon Silver successfully litigated numerous bankruptcy and state law issues on behalf of the ad hoc committee of mechanic's lien claimants at every level of federal court and, by referral, the Nevada Supreme Court. In complex negotiations involving multiple constituencies with billions of dollars in claims and cross-claims, Gordon Silver recovered over $85 million for the mechanic's lien claimants.
•Assisted Mountain Shadows Golf Club and the shuttered Mountain Shadows Resort in their Chapter 11 reorganizations in Arizona, successfully defeating early attempts by the secured creditor to dismiss the cases, for relief from the automatic stay, and to oppose interim financing, along with significant opposition from other creditors and parties ranging from dissenting homeowners to the township. Through extensive negotiations with creditors, Gordon Silver successfully confirmed a plan of reorganization that paid all creditors in full, allowed equity to retain ownership, and obtained all necessary approvals for development, paving the way for the reorganized debtor to break ground on the revitalization of the Mountain Shadows Resort.
•Represented single asset real estate debtor through confirmation of a plan of reorganization that precluded the execution of a $4.6 million judgment lien and provided debtor with nearly 18 months to conduct a capital raise and resolve ongoing administrative proceedings.
•Assisted Majestic Gaming's principal in avoidance litigation and other actions brought in bankruptcy court in Delaware, and before the Third Circuit Court of Appeals resulting in a precedential decision regarding property of a bankruptcy estate.
•Represented Jerry's Nugget in its Chapter 11 bankruptcy proceeding, resulting in confirmation of a plan of reorganization which allowed retention of existing ownership and providing for debt restructuring.
•Represented multiple local and regional lenders in prosecution of stay relief motions to obtain relief from the automatic stay to allow lenders to recover property under state law.
•Represented international lender in fraudulent transfer action under both federal and state law resulting in dismissal of all claims against the lender.
•Represented single asset real estate debtors in all aspects of Chapter 11 bankruptcy proceedings including defending claims for stay relief, confirming plans of reorganization, and selling assets pursuant to the Bankruptcy Code.
•Represented real estate developer in Chapter 11 bankruptcy proceedings, litigated creditor's motion for appointment of a Chapter 11 trustee and claims of fraudulent conveyance, resulting in settlement that allowed restructuring of obligations and retention of ownership by equity.
•Represented various creditors in Chapter 7 and Chapter 13 consumer proceedings, including lift stay motions, nondischargeability actions, and confirmation objections.
•Represented consumer debtors in Chapter 7 and Chapter 13 cases.

Prior to joining the firm, Mr. Weisenmiller worked as a judicial law clerk in the United States Bankruptcy Court for the District of Nevada, conducting legal research and drafting pre-argument memorandum and memorandum decisions for multiple judges. During law school, he served as a law clerk at Kajioka & Associates where he drafted pleadings, motions, discovery requests, and research memorandum for civil litigation and criminal matters.

Mr. Weisenmiller also served as a judicial extern for the Honorable Mike N. Nakagawa in the United States Bankruptcy Court for the District of Nevada and the Honorable Mark R. Denton in the Eight Judicial District Court-Business Court.

Distinctions

While in law school, Mr. Weisenmiller received a Community Service Top Student Award in the summer of 2008 and was a student attorney in the spring of 2010 for the Thomas & Mack Legal Clinic. While pursuing his master's degree, he was on the Dean's List and received a Scholar Athlete Award.

Publications
•Co-Author, Dangers Facing a Trademark Licensee When the Licensor Seeks Bankruptcy Protection and Strategies to Minimize the Risk, Communique, March 2015

In the News

Dangers Facing a Trademark Licensee When the Licensor Seeks Bankruptcy Protection and Strategies to Minimize the Risk

The significant increase in the value of intangible assets, namely, intellectual property (“IP”), in recent
years has been materially impacting the global economy at large. Some have stated that IP now comprises as much as one-third of the value of all United States domestic corporations-an estimated $5 trillion. It should therefore come as no surprise that the licensing of IP has become a common and value-adding business tool. This article discusses the importance of a company licensing its IP assets, including its trademarks and trade names. By Joanna M. Myers and Mark M. Weisenmiller

Posted on: Mar 05th, 2015 Posted In: Publications Source: Communique

Gordon Silver Listed on Pro Bono Honor Roll for February 2015

Gordon Silver Lawyers Paola Armeni and Mark Weisenmiller were recognized on the Pro Bono Honor Roll by the State Bar of Nevada for accepting cases in November 2014 through the Legal Aid Center of Southern Nevada.

Posted on: Feb 12th, 2015 Posted In: GS In the News Source: Nevada Lawyer

Gordon Silver Listed on Pro Bono Honor Roll for January 2015

Gordon Silver Lawyers Dylan Ciciliano and Mark Weisenmiller were recognized on the Pro Bono Honor Roll by the State Bar of Nevada for accepting cases in October 2014 through the Legal Aid Center of Southern Nevada.

Posted on: Jan 13th, 2015 Posted In: GS In the News Source: Nevada Lawyer

Gordon Silver Wins Lied Award for Most Cases Accepted by a Law Firm By Legal Aid Center of Southern Nevada

Gordon Silver is pleased to announce that the Legal Aid Center of Southern Nevada recently awarded the firm the Lied Award for Most Cases Accepted by a Law Firm.

Posted on: Dec 09th, 2014 Posted In: Press Releases Source:

The People: Mark Weisenmiller

Mark M. Weisenmiller has joined the Gordon Silver law office.

Posted on: Nov 08th, 2012 Posted In: GS In the News Source: VEGAS INC.

On the Move: Mark Weisenmiller

Gordon Silver added Mark Weisenmiller to its Las Vegas team.

Posted on: Oct 22nd, 2012 Posted In: GS In the News Source: Las Vegas Business Press

Mark M. Weisenmiller, Esq. Joins Gordon Silver Las Vegas Office

(Las Vegas, NV.) - Mark M. Weisenmiller, Esq. recently joined the Gordon Silver office in Las Vegas, Nevada.

Posted on: Oct 01st, 2012 Posted In: Press Releases Source:

Representative Experience
•Assisted Ahern in its successful Chapter 11 restructuring, effectively guiding the company through contentious litigation with the company's lenders relating to leases and affiliate transactions, involving considerable e-discovery, obtaining approval of a postpetition credit facility of approximately $250 million, and negotiating the consensual use of cash collateral. Ahern obtained confirmation of its plan, allowing for the restructuring of more than $650 million in debt, payment in full of unsecured creditors, and the retention of ownership by the Ahern family.
•Assisted statutory lienholders owed in excess of $300 million in Fontainebleau's ongoing bankruptcy proceeding in the United States Bankruptcy Court in Florida. Gordon Silver successfully litigated numerous bankruptcy and state law issues on behalf of the ad hoc committee of mechanic's lien claimants at every level of federal court and, by referral, the Nevada Supreme Court. In complex negotiations involving multiple constituencies with billions of dollars in claims and cross-claims, Gordon Silver recovered over $85 million for the mechanic's lien claimants.
•Assisted Mountain Shadows Golf Club and the shuttered Mountain Shadows Resort in their Chapter 11 reorganizations in Arizona, successfully defeating early attempts by the secured creditor to dismiss the cases, for relief from the automatic stay, and to oppose interim financing, along with significant opposition from other creditors and parties ranging from dissenting homeowners to the township. Through extensive negotiations with creditors, Gordon Silver successfully confirmed a plan of reorganization that paid all creditors in full, allowed equity to retain ownership, and obtained all necessary approvals for development, paving the way for the reorganized debtor to break ground on the revitalization of the Mountain Shadows Resort.
•Represented single asset real estate debtor through confirmation of a plan of reorganization that precluded the execution of a $4.6 million judgment lien and provided debtor with nearly 18 months to conduct a capital raise and resolve ongoing administrative proceedings.
•Assisted Majestic Gaming's principal in avoidance litigation and other actions brought in bankruptcy court in Delaware, and before the Third Circuit Court of Appeals resulting in a precedential decision regarding property of a bankruptcy estate.
•Represented Jerry's Nugget in its Chapter 11 bankruptcy proceeding, resulting in confirmation of a plan of reorganization which allowed retention of existing ownership and providing for debt restructuring.
•Represented multiple local and regional lenders in prosecution of stay relief motions to obtain relief from the automatic stay to allow lenders to recover property under state law.
•Represented international lender in fraudulent transfer action under both federal and state law resulting in dismissal of all claims against the lender.
•Represented single asset real estate debtors in all aspects of Chapter 11 bankruptcy proceedings including defending claims for stay relief, confirming plans of reorganization, and selling assets pursuant to the Bankruptcy Code.
•Represented real estate developer in Chapter 11 bankruptcy proceedings, litigated creditor's motion for appointment of a Chapter 11 trustee and claims of fraudulent conveyance, resulting in settlement that allowed restructuring of obligations and retention of ownership by equity.
•Represented various creditors in Chapter 7 and Chapter 13 consumer proceedings, including lift stay motions, nondischargeability actions, and confirmation objections.
•Represented consumer debtors in Chapter 7 and Chapter 13 cases.

Prior to joining the firm, Mr. Weisenmiller worked as a judicial law clerk in the United States Bankruptcy Court for the District of Nevada, conducting legal research and drafting pre-argument memorandum and memorandum decisions for multiple judges. During law school, he served as a law clerk at Kajioka & Associates where he drafted pleadings, motions, discovery requests, and research memorandum for civil litigation and criminal matters.

Mr. Weisenmiller also served as a judicial extern for the Honorable Mike N. Nakagawa in the United States Bankruptcy Court for the District of Nevada and the Honorable Mark R. Denton in the Eight Judicial District Court-Business Court.

 
ISLN921964535
 
Profile Visibility
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Office Information

Mark M. Weisenmiller

3960 Howard Hughes Parkway, 9th Floor
Las VegasNV 89169-5978




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