As a bankruptcy lawyer, I am focused on maximizing recoveries for my clients, while minimizing the costs of reaching them.

Mark Bogdanowicz concentrates his practice in the areas of business transactions and corporate and commercial litigation, with an emphasis on bankruptcy and creditors' rights. He has represented both secured and unsecured creditors (including landlords, trade creditors, and utilities) in all aspects of chapter 11 cases. He regularly represents secured creditors in business and agricultural workouts, negotiating plans of reorganization and cash collateral orders, and litigating valuation of collateral related to secured claims. Mr. Bogdanowicz advises purchasers of businesses and assets out of distressed situations. He defends business owners against fraudulent transfer claims and challenges of estate plans. He is often involved in rendering legal opinions in the bankruptcy context, including true sale and non-consolidation opinion letters, and assists clients in structuring and negotiating transactions to minimize the adverse effect of potential fraudulent or preference claims.

Services

Business & Corporate

Our business is business–your business. We offer vast experience in a full array of corporate legal services.

Credentials

Education

  • Vanderbilt University Law School, 2000
    • J.D.
  • Harvard University, 1995
    • A.B., cum laude

Memberships

  • American Bankruptcy Institute
    • ABI Journal Editorial Board, Coordinating Editor, 2014-present
    • Central States Bankruptcy Workshop, Advisory Board, 2016-present
    • Labor and Employment Committee, Co-chair, 2014-2015
    • Education Director, 2013-2014
    • Employee Benefits in Bankruptcy Committee, Newsletter Editor, 2008-2013
  • Indiana State Bar Association

Admissions

  • Illinois, 2010
  • Indiana, 2005
  • Tennessee, 2000
  • U.S. Court of Appeals, Sixth Circuit, 2018
  • U.S. Court of Appeals, Seventh Circuit, 2014
  • U.S. District Court, Southern District of Illinois, 2011
  • U.S. District Court, Northern District of Illinois, 2010
  • U.S. District Court, Eastern District of Michigan, 2009
  • U.S. District Court, Central District of Illinois, 2009
  • U.S. District Court, Northern District of Indiana, 2006
  • U.S. District Court, Southern District of Indiana, 2005
  • U.S. District Court, Middle District of Tennessee, 2002

Professional Achievements

  • Illinois Leading Lawyers, 2018-2019
  • Illinois Super Lawyers, "Rising Stars," 2013

Experience

Representative Matters

  • National bankruptcy counsel for publicly traded commercial landlord in "mega" Chapter 11 cases throughout the United States. Recent representative cases include the following: Payless Holdings LLC (Bankr. E.D. Mo., Case No. 19-40883), Frank Theatres Bayonne / South Cove LLC (Bankr. D.N.J., Case No. 18-34808), Sears Holdings Corporation (Bankr. S.D.N.Y., Case No. 18-23538), and Mattress Firm, Inc. (Bankr. D. Del., Case No. 18-12241).

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  • Counsel for first-position secured lender in related Chapter 11 cases which culminated in the $4.3MM disposition of over 30 locations of franchised fast casual restaurants under Section 363 of the Bankruptcy Code.

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  • Lead counsel defending non-filing spouse of business owner who was sued for the recovery of approximately $1.8MM in assets under theories of state and federal fraudulent transfer law and equitable theories regarding property she owned pursuant to long-standing estate plan. Negotiated settlement for 10% of the face amount of the claims.

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  • Counsel for first- and second-position secured lender in Chapter 11 case of company that produces and distributes bottled water and other complementary products in New York, Tennessee, and Texas. Negotiated terms of confirmed plan of reorganization (with credit enhancements of non-debtor entities) that resulted in payment in full of first-position lender's claim and second-position lender's allowed $2.5MM secured claim.

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  • Counsel for first-position secured lender in chapter 11 case which culminated in the $7.8MM disposition of substantially all assets of a leading manufacturer of UL listed enclosures and fuel tanks for generator sets under Section 363 of the Bankruptcy Code.

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Presentations

  • American Bankruptcy Institute LIVE, "Creative Strategies and Schemes in Chapter 11," March 13, 2018, webinar.