Mark W. Powers

Lender Engagements in Restructurings & Workouts 

• Community bank in a $25M workout involving well-known consumer brand with 30 franchisee locations in eastern Massachusetts 
• Regional bank in a $20M workout of a continuing care retirement community located in eastern Massachusetts 
• Private real estate lender in a Section 363 Credit Bid purchase of the borrowers’ assets in a federal court Receivership free and clear of liens and encumbrances  
• Local bank in Single Asset Real Estate Chapter 11 case, United States Bankruptcy Court, District of Massachusetts 
• Successfully defended regional bank in a Chapter 11 case of a failed condominium development against claims of alleged lender liability 
• Community bank in workout of historic tax credit transaction 

Landlord & Other Creditor Engagements in Chapter 11 Bankruptcy Proceedings 

• Landlord in Chapter 11 case of David’s Bridal, United States Bankruptcy Court, District of New Jersey 
• Landlord in Chapter 11 case of Jenny Craig, United States Bankruptcy Court, District of Delaware 
• Landlord in Chapter 11 case of The Christmas Tree Shop, United States Bankruptcy Court, District of Delaware 
• Hydropower company as party to forward contracts in the Chapter 15 cross border cases of the Just Energy Group, United States Bankruptcy Court, Southern District of Texas 
• Official Committee of Unsecured Creditors in Chapter 11 reorganization that resulted in a confirmed plan and a 50 percent distribution to unsecured creditors 
• Successfully negotiated with bankruptcy trustee to protect intellectual property rights in Chapter 7 bankruptcy of architectural company in conjunction with the planned construction of 200 residential apartment units 

 Bank & Commercial Litigation and Dispute Resolution 

• Dismissed a plaintiff’s Chapter 93A consumer protection claim against a Massachusetts savings bank 
• Successfully opposed commercial tenant’s motion to enjoin landlord from commencing eviction proceedings at an evidentiary hearing before the U.S. District Court, District of New Hampshire  
• Successfully litigated valuation of failed condominium project, thereby permitting the bank to obtain relief from the automatic stay in a Chapter 11 bankruptcy 
• Obtained Summary Judgment verdict in Discharge Litigation matter in the United States Bankruptcy Court, District of Massachusetts, under Section 523(a)(15) of the U.S. Bankruptcy Code 
• Represented Utah-based savings bank in a claim for fraud in the inducement against an equipment lessor that made fraudulent misrepresentations in assigning the equipment lease 
• Obtained approval (as a proponent) of a third-party plan of reorganization in Chapter 11 bankruptcy case in the U.S. Bankruptcy Court, Northern District of New York 
• Foreclosed a $150M first mortgage loan on a 100,000 sq. ft. office building in MetroWest Massachusetts 
• Obtained an order “surcharging” the proceeds from the sale of a debtor’s residence in a surcharge action 
• Counsel to regional passenger airline in bankruptcy proceeding in the U.S. Bankruptcy Court, District of Massachusetts 

 Advising Boards of Directors & Companies in Financial Distress 

• Successfully represented outside directors of a restaurant chain in conjunction over claims arising from the sale of the business 
• Successfully represented company’s officers in a liquidating transportation company in response to claims concerning consumer prepayments 

 Contracts and transactions 

• Negotiated and documented a solar lease covering 100-plus acres for a religious nonprofit