Mark MacDonald, Jr. is highly skilled in analyzing large, financially complex files, attacking work product of financial and other experts, preparing plans, disclosure statements, and complex financial modeling. For seven years prior to joining the firm, Mark Jr. worked in the bankruptcy and reorganization services group at Price Waterhouse, later PricewaterhouseCoopers, where he provided services to various high profile Creditor Committees and Debtors including the Creditor Committees of United Companies Financial Corporation and First Merchants Acceptance Corporation. On the Debtor side, he acted as financial advisor to the senior management of several large Debtors, including Harbor Financial Corporation, Monaco Finance, Inc., Brothers Gourmet Coffee Inc. and Gantos, Inc.
Since joining the firm, Mark Jr. has been actively involved in:
Mark Jr. is also the creator of the Restructuring Toolkit software, designed to assist lawyers and turnaround management practitioners in assessing their clients’ level of risk.
- Our successful confirmation of Chapter 11 plans for businesses ranging from
(a) biomass to electricity production in India,
(b) sale of a California mobile home park located on an environmentally challenged leasehold and
(c) the largest independent nursing home chain in Texas.
- Acquiring a nursing home chain from Chapter 11 (including drafting the transaction and lending documents)
- Appealing a judgment for inadequate damages for stay violations which caused the destruction of the business of a trucking company
- Liquidating a Kansas research laboratory for a recombinant DNA firm with complex regulatory problems of FDA record retention and
- Assisting in house intellectual property counsel on confidentiality problems arising from public syndication of patent revenue streams from jointly developed patents.
- American Bar Association
- Business Bankruptcy Committee
- American Bankruptcy Institute
- Turnaround Management Association
- University of Pennsylvania, Summa Cum Laude, Phi Beta Kappa, 1989
- Northwestern University Kellogg Graduate School of Management, high honors, Beta Gamma Sigma, 1993
- Northwestern University Law School, honors, John Henry Wigmore Scholar, 1993
- MacDonald & MacDonald, “Enforceability of Limitations on Security Interests in Intellectual Property Licenses,” American Bankruptcy Institute Journal (March, 2005)
- MacDonald & MacDonald, “Analyzing Rational Bargain Zones Using the Restructuring Toolkit 2.0” (ABI Journal, 2003)
- MacDonald & MacDonald, “Analyzing Rational Bargain Zones in Mass Tort Cases Using the Restructuring Toolkit 2.0” (Norton Bankruptcy Advisor, 2003)
- MacDonald & MacDonald, “Defending Fraudulent Conveyance Actions Arising From Payments Settling Disputes Over Corporate Control,” (ABA, 2001)
- MacDonald, Schreiber and MacDonald, “Confirmation By Cramdown Through The New Value Exception In Single Asset Cases,” 1 Am Bankr. Inst. Rev. 65 (1993) updated and reprinted Single Asset Real Estate Bankruptcies (ABA, 1997)
- “Chapter 11 As a Dynamic Evolutionary Learning Process In a Market With Fuzzy Value” (American Survey of Bankruptcy Law, 1993-94)
- MacDonald, Dorey, and MacDonald, “Reading Tea Leaves: Statutory and Policy Aspects of New Value,” American Bankruptcy Institute (Spring Meeting, Washington, D.C. 1992)
- MacDonald, MacDonald & McLeod, “Pictures Are Worth A Thousand Words: Understanding The Chapter 11 Process Through Models and Simulations” (ABA, 1989)