Mark MacDonald, Sr. is a nationally and internationally recognized insolvency expert with 40 years of experience in bankruptcy and commercial litigation and in structuring business transactions, documentation, and legal opinions in complex finance transactions.
Mark Sr. has been listed in Best Lawyers in America for more than 15 years, is a fellow of the American College of Bankruptcy, a Master of the American Inns of Court, was one of the early directors of the American Bankruptcy Institute, and has been listed by Euromoney in several editions of its Guide to the World's Leading Insolvency and Restructuring Lawyers.
In more than 30 years as an active committee member, Mark Sr. chaired the American Bar Association Business Bankruptcy Committee’s Chapter 11 Subcommittee, the Secured Creditor Subcommittee and the Executory Contracts Subcommittee.
Mark Sr. has lectured throughout the United States on bankruptcy, secured transactions, oil and gas, intellectual property, and municipal finance, has published many articles on bankruptcy and is the co-creator of the Restructuring Toolkit software.
Mark Sr. is “AV” rated by Martindale Hubbell.
- Senior Bankruptcy Partner, North America at Baker & McKenzie, 1995-1998
- Founder/Chair of Bankruptcy Practice at Johnson & Swanson/Gibbs/Wortley, 1983-1995
- Co-founding partner of Bankruptcy/Banking group at Sidley & Austin, Chicago, 1972-1983
- Admitted to Practice: Texas and Illinois, 5th and 7th Circuits, Northern, Southern, Eastern and Western Districts of Texas, District of Arizona, Northern District of Illinois and Eastern District of Wisconsin
- Best Lawyers in America, 1987 to present
- American Bar Association Business Bankruptcy Committee, 1975 to present
- Subcommittee Chairman Specialization, 1977-1978
- Subcommittee Chairman, Executory Contracts, 1981-1988
- Subcommittee Chairman, Secured Creditors, 1989-1992
- Subcommittee Chairman, Chapter 11, 1993-1996
- American Bankruptcy Institute, 1983 to present; Director 1983-1990
- Fellow: American College of Bankruptcy, 1991 to present
- Fellow College of State Bar of Texas, 1994 to present
- Euromoney Guide to the World's Leading Insolvency and Restructuring Lawyers, 1996, 2003
- Texas “Superlawyers”
- International Bar Association
- American Bar Association International Section
- State Bar of Texas Bankruptcy Section
- Dallas Bar Bankruptcy Committee
- Northwestern University, B.A., with honors, 1964; J.D., with honors, 1967. Phi Beta Kappa; Order of the Coif; Northwestern University Law Review, 1966-1967; Editorial Board, Law & Society: Weymouth Kirkland Scholar, Russell Sage Scholar
- Certified Mediator
Author of over 40 articles.
- MacDonald & Hardman, "Post-Confirmation Jurisdiction From a Debtor's Perspective: How to Maintain What You Retain," ABA Litigation Section Bankruptcy Committee, 2004
- MacDonald & Hardman, "Mirant: Expanding the Use of § 105(a) Injunctions," ABI Journal 2004
- MacDonald & Hardman, "Using Voting Trusts as a Control Device in Workouts and Chapter 11," Journal of Corporate Renewal 2004
- 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)
- MacDonald & McLeod, "The Law of Executory Contracts: It Ain't What It Used To Be - Or Is It," Critical Issues Under Chapter 11, (ABA/FBA Chi. 1994)
- MacDonald, MacDonald & McLeod, "Chapter 11 As A Dynamic Evolutionary Learning Process In A Market With Fuzzy Values," 1993-1994, Ann. Surv. Bankr. Law.
- MacDonald and Perkins, "New Developments In The Plan Process: 1993," Current Problems In Chapter 11 Practice, 588 (Prentice Hall, Batson ed. 1993)
- MacDonald, "Bankruptcy and Lien Opinions," 2 Drafting Legal Opinion Letters (John Wiley Sterba ed., 1998, 1992)
- MacDonald and Agee, "Leveraged Buyouts And Fraudulent Transfers," 2 Acquisitions and Divestitures, 31.001 (Bus. Laws Inc. 1992 ed.)
- Panelist with Judges Abramson and Felsenthal, State Bar of Texas, "Prepackaged Chapter 11 Plans," Advanced Business Bankruptcy Course, 1992.
- MacDonald, Dorey, and MacDonald, "Reading Tea Leaves: Statutory And Policy Aspects Of New Value," American Bankruptcy Institute, 1992 Spring Meeting, Washington, D.C.
- "Prepackaged Plans of Reorganization," State Bar of Texas, Advanced Bankruptcy Strategies and Tactics; 1992
- MacDonald and Perkins, "Prepackaged Chapter 11 Plans: The Alternative to 'Free Fall' Bankruptcy," Journal of Bankruptcy Law and Practice, 1991; reprinted Advanced Business Bankruptcy Course, State Bar of Texas, 1992
- "Mass Torts," Advanced Bankruptcy Strategies and Tactics Course, State Bar of Texas, 1991
- "Chapter 11 Confirmation," and "Litigation Of Pension And Tax Claims," Norton Bankruptcy Litigation Inst. Utah, 1991
- MacDonald, McLeod and Roberts, "Executory Contracts: A Cheshire Cat Looks At The 1990's," Representing Real Estate Interests In Bankruptcy Reorganization, ABA Satellite Seminar, 1990
- MacDonald and McLeod, "Redesigning A Cheshire Cat: Legislative Reform For Treatment Of Executory Contracts In Bankruptcy," Ann. Survey of Bankruptcy Law, 1989
- MacDonald, MacDonald & McLeod, "Pictures Are Worth A Thousand Words: Understanding The Chapter 11 Process Through Models and Simulations" (ABA, 1989)
- MacDonald, Roberts and Alexander, "Painting The Picture: A Practical Overview Of Lender Liability," 2nd Northwest Bankruptcy Conference (Am. Bankr. Inst. 1988, Idaho)
- MacDonald and McLeod, "Cheshire Cats And Mad Hatters Revisited: Executory Contracts, Collective Bargaining Agreements And Retirement Benefits," Fall 1988, Mid-Atlantic Inst. On Bankruptcy and Reorganization Practice, 1988 Virginia
- MacDonald and McLeod, "Of Cheshire Cats And Mad Hatters: Executory Contracts And Collective Bargaining Agreements," (Advanced Bankruptcy Workshop PLI, 1988)
- MacDonald and Mrofka, "Dealing With FDIC And FSLIC," Advanced Real Estate Course, State Bar of Texas, 1987
- MacDonald and Paslay, "The New Chapter 12 From Start to Finish: Family Farmers And the Hedgerow Between 11 and 13," Advanced Bankruptcy Course, State Bar of Texas, 1987
- MacDonald, "Agricultural Workouts," Agricultural Workouts and Bankruptcies, PLI 373, 1986 reprinted in Agricultural Finance: How Lawyers Can Help Lenders and Borrowers, Am. Bar. Assoc. National Inst. Denver, St. Louis, 1987
Other Articles [create hyperlink to the articles below]
- "Executory Contracts And Unexpired Leases: Rejection Of Labor Contracts," The Second Great Lakes Bankruptcy Institute: Chapter 11 Reorganizations, Detroit, 1986
- MacDonald and McLeod, "Executory Contracts And Leases: Current Developments," Lending Transactions and the Bankruptcy Act, PLI 375, 1986
- MacDonald, Pulliam and Pearson, "The Crisis In American Farming, Agricultural Finance: How Lawyers Can Help Lenders and Borrowers," Am. Bar Assoc. Nat'l Inst. 1986
- MacDonald and Timmons, Give Me Just A Little More Time: Section 108 As An Alternative To Consulting Your Malpractice Carrier Or Psychiatrist, Advanced Bankruptcy Course, State Bar of Texas, 1986
- MacDonald and McLeod, Executory Contracts And Leases For The Southwestern Lawyer, Advanced Bankruptcy Seminar, Oklahoma Bar Association, 1986
- MacDonald, Fielding and Trust, Abstention And Unliquidated Claims: Forum Shopping And Punting The Tough Cases, Advanced Bankruptcy Course, State Bar of Texas, 1985
- MacDonald and Pulliam, Adequate Protection, Automatic Stay, The Use Of Property And Lending To The Debtor In Possession: Bankruptcy Practice, Illinois Institute for Continuing Legal Education, 1985
- MacDonald, "Financial Institutions In Trouble," Bankruptcy Conference, University of Texas School of Law, 1984
- MacDonald and Pulliam, "Developments In The Law Of Bankruptcy," Northwestern Corporate Counsel Institute, 1984
- Testified at request of Senator DeConcini on MARATHON jurisdictional problems and authored other testimony for National Commercial Finance Conference, 1983
- MacDonald, "Executory Contracts," Bankruptcy Practice for Bank Counsel, PLI 418, 1983
- MacDonald and Williams, "Real Estate Interests In Bankruptcy," 2nd Annual Midyear Meeting, Florida Bar, 1982
- Drafted proposed bankruptcy rules and testified before Bankruptcy Rules Committee for National Commercial Finance Conference, 1982
- "Rescuing The Troubled Business," Michigan Continuing Legal Education, Panelist, Detroit, 1982
- Municipal Bond Conference, "Industrial Revenue Bonds and Municipal Insolvency," Panelist, Chicago, 1980, 1981, 1982
- "Automatic Stay And Administrative Powers," Practicing Under the Bankruptcy Reform Act, Brody, Taggart & Lee, 1980
- "Lending To The Debtor In Possession," Bankruptcy Practice, Illinois Institute for Continuing Legal Education, 1980
- MacDonald, "Loan Participations As Enforceable Property Rights In Bankruptcy, A Reply To The Trustee Attack," 53 AMERICAN BANKRUPTCY LAW JOURNAL 35, 1979