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Mark A. Fink
Wilmington Office

1105 North Market Street
15th floor
Wilmington, DE 19801

P: 302-504-7811
F: 302-504-7820

New York Office

437 Madison Avenue
New York, NY 10022

P: 212-551-7738
F: 212-599-1759

Biography

Mark A. Fink focuses his practice on bankruptcy and litigation matters. He has extensive experience representing committees, debtors, special servicers, indenture trustees, individual creditors and liquidating trustees in bankruptcy proceedings and out-of-court workouts in all chapters of the Bankruptcy Code.

Mark has assisted investors in their acquisition of distressed assets and has prepared and prosecuted proceedings including main cases as well as adversary proceedings and estimation trials before bankruptcy courts throughout the United States.

Mark is currently serving as co-counsel to the Official Committee of Equity Security Holders in BPS Holdings Inc. (In re Performance Sports Group) pending in the Bankruptcy Court for the District of Delaware.

Recently Mark represented an indenture trustee in the Chapter 11 bankruptcy of a bank holding company in which no official committee was appointed.  Through the indenture trustee’s work, the total distributable value was increased by millions and a settlement was reached that circumvented the need for a plan process thereby allowing the case to be structurally dismissed.

Selected Representations

  • Co-counsel and Special Counsel to the “E-side” Official Committee of Unsecured Creditors of Energy Future Holdings in its pending Chapter 11 case
  • Co-counsel to the Official Equity Committee of BPS US Holdings, Inc. et al. (Performance Sports Group) in its pending Chapter 11 case
  • Counsel to the Debtors in O.W. Bunker Holding North America in connection with confirmation of their Chapter 11 plan.  Since confirmation, he has served as counsel to the successor Liquidating Trustee.
  • Counsel to the Official Committee of Asbestos Personal Injury Claimants in Specialty Products Holding Corp. (Bondex)
  • Counsel to an indenture trustee in various cases involving trust preferred securities
  • Counsel to international chemical supplier in its largest bankruptcy matters throughout the country
  • Counsel to the Debtor in a telecommunications case which resulted in, among other things, the subordination of an asserted $100 million in claims, payment in full of general unsecured creditors, and millions in distributed value shared between equity holders and the holder of the subordinated claims
  • Counsel to the Debtors in the bankruptcy of a significant brick and mortar retailer
  • Counsel to the Official Committee of Unsecured Creditors in one of the largest airline bankruptcies in history
  • Counsel to various cooperative and condominium apartment buildings in matters arising from the bankruptcies of their tenants

Selected Publications

Selected Speaking Engagements

  • Panel Member, “The Post-Confirmation Hunt for Value: Is Anyone Safe?” ABI – Complex Financial Restructuring  Program at the University of Pennsylvania Wharton School of Business, November 2015
  • “Legal Issues in an Economic Downturn,” November 2009
  • “Finance Law in the Distressed Market,” October 2008
  • “Best Practices in the Filing of a Chapter 11 Case,” April 2008

Honors & Awards

  • Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Restructuring Deal of the Year (Over $500MM to $1B),” 11th Annual M&A Advisor Turnaround Awards, 2017
  • Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Energy Deal of the Year (Over $500MM to $1B),” 11th Annual M&A Advisor Turnaround Awards, 2017
  • Winning Deal Team for Chapter 11 O.W. Bunker Debtors, “Restructuring Deal of the Year (Over $100MM),” 15th Annual M&A Advisor Awards, 2016
  • Winning Deal Team for Restructuring of Specialty Products Holding Corp., “Restructuring Deal of the Year (Over $500MM to $1B),” 10th Annual M&A Advisor Turnaround Awards, 2016

Academic Achievements

Mark received a J.D. degree from Temple University School of Law. While at Temple Law, he was a member of the Temple Political and Civil Rights Law Review. He received Distinguished Class Performance honors and was a member of the dean’s list. He served as a federal judicial clerk to the Honorable Bruce I. Fox, former judge of the United States Bankruptcy Court for the Eastern District of Pennsylvania. Mark graduated from Lebanon Valley College of Pennsylvania, cum laude, with a double major in International Business and French earning him a B.S. degree.  He was a Presidential Leadership Scholarship, a member of the Honor’s Program, and member of the dean’s list.