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:
- In Re Montgomery Ward Holding Corp., 268 F3d 205 (3d Cir., 2001)
- Ha-Lo Industries, Inc. v. CenterPoint Properties Trust, 342 F3d 794 (7th Cir., 2003)
- In re EarthShell Corporation, case no. 07-10086 (Bankr. D. Del.)
- Goldin Assoc. v. NESI Power Marketing (In re Power Company of America), case nos. 98-51570 (AHWS), Adv. Proc. No. 00-5055 (AHWS)( Bankr. D. Conn.)
- In re HA2003 f/k/a HA-LO Industries, Inc., case no. 02-12059 (Bankr. N.D. Ill.)
Publications
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
Fellow, American Bar Foundation
Illinois Super Lawyers, Bankruptcy and Credtor/Debtor Rights
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