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Professional Experience
Mark brings to the Real Estate Practice Group 25 years of experience litigating, defending, enforcing and working-out deals in insolvency situations.
Mark joined McDonough in 1985 and is recognized leader in the bankruptcy bar in Central and Northern California having served as a president of the Sacramento County Bar Association Bankruptcy Section, a director of the Sacramento Valley Bankruptcy Forum and a member of the Sacramento County Bar’s Bar Council, and achieved peer review recognition as an AV-rated lawyer.
He volunteers as a mediator in the Bankruptcy Dispute Resolution Program for the United States Bankruptcy Court, Eastern District of California.
Representative Matters
Represented buyer in two purchases of industrial land ($1.9 million and $5.0 million) from a bankruptcy trustee.
Represented optionee in several options to purchase development property.
Represented lender in refinance of developer line of credit.
Represented optionee in option to lease mining property.
Represented buyer in acquisition of mitigation use rights.
Prior Experience
Represented defrauded homeowner in defense of bankruptcy trustee’s complaint to void purchase; achieved settlement with no economic loss to homeowner.
Represented municipal utility in power purchase agreement rejection and post-petition termination in Calpine chapter 11 case.
Represented municipal utility as creditor and party in interest in PG&E, California Power Exchange and Enron chapter 11 cases.
Represented water district as debtor in chapter 9 case; plan of adjustment confirmed.
Represented local business defendants in preference complaints in bankruptcy cases in Delaware and Colorado; achieved settlement in each case substantially below plaintiffs’ demands.
Represented not-for-profit healthcare provider as member of creditors’ committee in health plan chapter 11; plan confirmed.
Represented city as lessor and creditor of minor league baseball team in chapter 11; obtained lease rejection.
Represented public pension fund as secured creditor in class A hotel owner chapter 11; consensual chapter 11 plan confirmed.
Represented redevelopment agency as ground lessor in class A hotel owner chapter 11; hotel sold with consent and support of agency.
Represented redevelopment agency as creditor in casino and hotel owner chapter 11; casino and hotel sold.
Represented bank on agricultural line of credit in farmer chapter 11 and defense of lender liability claims; settlement achieved.
Represented unsecured creditors’ committee in blue cell and radio frequency technology manufacturer chapter 11; plan confirmed.
Represented regional restaurant franchisor as chapter 11 debtor; plan confirmed.
Represented national fast food franchisors as creditors in franchisee chapter 11 cases; in each case obtained rejections of franchise agreements.
Represented equity security holders’ committee in publicly traded real estate investment fund; plan confirmed.
Represented lenders in single asset real estate chapter 11 cases; in each case foreclosure or full payment plans achieved.
Represented chapter 7 trustee of regional business/real estate owner/developer. | 