CONTACT INFORMATION

Chicago t 312.258.5710 f 312.258.5600 E-mail Download vCard

PRACTICE AREAS

INDUSTRIES

BAR ADMISSIONS

  • Illinois
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Bankruptcy Court for the Central District of Illinois
  • U.S. Bankruptcy Court for the Northern District of Illinois
  • U.S. Bankruptcy Court for the Northern District of Indiana
  • U.S. Bankruptcy Court for the Western District of Michigan
  • U.S. Bankruptcy Court for the Eastern District of Wisconsin

News

J. Mark  Fisher

Partner

J. Mark Fisher concentrates his nationwide practice in secured and unsecured lending, business reorganization, lender liability litigation and workouts and creditors' rights.

Mr. Fisher was a leader of bar association activities related to the adoption of Uniform Commercial Code (UCC) Article 2A (leasing) and the repeal of UCC Article 6 (bulk sales) in Illinois.

He represented the Illinois Bankers Association as part of the Article 9 Financial Services Coalition to enact revised UCC Article 9 (RA9) in Illinois.

Among other things, Mr. Fisher has been a leader in the recapitalization of financially distressed banks and bank holding companies (BHCs) and has developed innovative structures to utilize the sale of bank stock under Section 363 of the bankruptcy code to close recap transactions that otherwise would be blocked by the need for consent by shareholders of the BHC, holders of TRuPS or TARP securities.

Mr. Fisher also has made new law favoring commercial and industrial landlords with respect to their assertion of rejection claims, post-petition administrative claims, and myriad other issues in significant bankruptcy cases across the country.

Experience

Mr. Fisher's notable representations include:

Publications

"The BankAtlantic Bancorp Decision — Roadblock Or Detour To Open Bank Sale Of Distressed Banks?" The Banking Law Journal (May 2012)
 
"Bankruptcy Sales to Facilitate Recapitalizations," Pratt's Journal of Bankruptcy Law, Vol. 7, Number 1 (January 2011)
 
Norton Bankruptcy Law and Practice, 3d Ed. (contributing editor) (2007)
 
Illinois Secured Transactions Under Revised Article 9 of the Uniform Commercial Code, Forms and Practice Manual, Data Trace (2007)
 
"Loan Workouts and Commercial Bankruptcy," Advising Illinois Financial Institutions, Illinois Institute for Continuing Legal Education (2002)

Speeches and Presentations

Mr. Fisher is a frequent speaker on secured transactions and lender liability issues, fraudulent conveyance issues, the purchase of assets of distressed and bankrupt businesses, and other bankruptcy and creditors' rights matters to various bar and financing groups.

Awards and Honors

2000 Distinguished Bank Counsel Award, Illinois Bankers' Association
Achievement Award, Commercial Finance Association
Award for Outstanding Practical Achievement in Alternative Dispute Resolution, Center for Public Resources
Best Lawyers in America, Equipment Finance Law
Distinguished Service Award, Corporate Legal Times
Fellow, American College of Commercial Finance Lawyers (ACCFL)
Fellow, American Bar Foundation
Illinois Super Lawyers — Bankruptcy and Creditor/Debtor Rights
Leading Lawyer – Bankruptcy/Restructuring, Chambers USA – America's Leading Lawyers for Business
Leading Lawyer — Banking and Financial Institutions Law; Bankruptcy and Workouts Law, Illinois Leading Lawyers Network
Martindale-Hubbell — A/V Rated
PLC Which Lawyer? — Chicago — Restructuring and Insolvency Lawyer
Recommended Attorney, Cross-Border Restructuring and Insolvency Handbook 2008/2009

Education

University of Virginia School of Law(J.D., 1978)
Order of the Coif
Editor, Virginia Law Review
Yale University(B.A., magna cum laude, with distinction, 1975)Phi Beta Kappa

Professional Memberships

American Bar Association
Section of Business Law
       Committee on Business Bankruptcy
Chicago Bar Association
Commercial Finance Committee
        Past Chair
Commercial Finance Association Education Foundation
Director