Mark K. Thomas, the U.S. co-head of the Business Solutions, Governance, Restructuring & Bankruptcy Group, concentrates his practice on complex corporate workouts, restructurings, and bankruptcies. He represents public and private companies and handles cross-border restructurings and insolvency proceedings.
Mark handles matters for clients that include: debtors and borrowers in Chapter 11 bankruptcy cases and in out-of-court workouts and restructurings; private equity sponsors and funds in acquisitions of distressed businesses, assets, and securities; lenders and their agents, official committees, and ad hoc investor and lender groups in restructurings, workouts and bankruptcies; and senior secured lenders and their agents in pre-petition, debtor-in-possession, and exit financing facilities.
Mark also represents buyers and sellers of distressed assets in out-of-court transactions, including Uniform Commercial Code public and private sales and assignments for the benefit of creditors. Mark also has testified as an expert witness on insolvency issues before Chancellor Leo Strine, Jr., in the Chancery Court for the State of Delaware.
Mark is a frequent speaker on bankruptcy and restructuring matters. He has spoken at seminars and conferences conducted by: the American Bankruptcy Institute; the Association for Corporate Growth; the Chicago Bar Association; Deal Flow Media; the Delaware State Bar Association; Illinois CPA Society; the RBS High Yield Conference; Renaissance American Management, Inc. and the Beard Group; The Turnaround Management Association; and, University of Chicago, Booth Business School.
Additional Chapter 11 cases in which Mark has been debtor’s counsel include: Chernin’s Shoes, Inc.; Cherry Communications Incorporated; Fruit of the Loom, Inc.; G.I. Joe’s, Inc.; Hirsh Industries, Inc.; HMX Acquisition Corp. (Hickey Freeman and Hart Schaffner Marx); Jays Foods Inc.; Jernberg Industries, Inc.; Morton Custom Plastics Inc.; Powerwave Technologies, Inc.; Protocol Services, Inc.; Recycling Industries of America; United Subcontractors, Inc.; Vendell Healthcare, Inc.; World Access, Inc.; and, Ziff Davis Media Inc. Mark also has represented companies in successful out-of-court workouts and restructurings.
Representative Chapter 11 cases in which Mark has represented senior secured lenders and their agents in pre-petition, debtor-in-possession, and exit financing facilities include: Furniture Brands International Inc.; Gingiss International Inc.; Metal Management Company; Mississippi Chemical Corporation; Monarch Beach Venture; Montgomery Wards; Pullman Construction Industries; Senior Living Properties LLC; Spartan Printing Company; and, Western Reserve Products, Inc.
Representative Chapter 11 cases in which Mark has represented bidders and buyers of businesses, assets, and securities include: Delphi Corporation; FormTech Industries, LLC; Furniture Brands International Inc.; and, Metaldyne Corporation.
Representative Chapter 11 cases in which Mark has represented Official Committees include: Altheimer & Gray; Chicago Fish House Company; Nobart Inc.; OCA, Inc.; Schwinn Bicycle Company; St. Francis Physicians Network; and, Zenith Electronics Corporation.
Chambers USA notes that Mark is “a tough negotiator,” is a “great and intelligent” lawyer, is “exceedingly talented,” and “has seen innumerable matters and really knows how to move the ball down the field.”
- University of San Diego School of Law, J.D., 1980
- Northwestern University, B.A., 1977
Admissions & Qualifications : Illinois
Clerkships : U.S. Bankruptcy Court, Northern District of Illinois – Hon. Robert L. Eisen
Court Admissions :
- U.S. District Court, California, Central District
- U.S. District Court, Colorado
- U.S. District Court, Illinois, Northern District
- U.S. District Court, California, Southern District
Rate : $$$