Mark W. Powers

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Partner

Mark Powers concentrates his practice in commercial law, creditors’ rights and business litigation, with extensive experience as lead trial attorney in the Bankruptcy, U.S. District and Massachusetts Superior Courts. Mark advises clients in a variety of industries, including financial services, clean energy, manufacturing, professional services, healthcare and retail. He has extensive experience preparing and negotiating commercial documents in a broad range of business transactions.

He regularly represents banks, financial institutions, utilities, creditors’ committees, landlords, bankruptcy trustees and business debtors in state and federal courts. In addition to the United States Bankruptcy Court for the District of Massachusetts, he has successfully represented clients in the Bankruptcy Courts in the Districts of New Hampshire, Maine, Delaware and the Southern, Northern and Eastern Districts of New York.

Mark has published articles on bankruptcy, real estate and foreclosure law for Massachusetts Continuing Legal Education, Inc. (MCLE) and lectures frequently on commercial and bankruptcy-related issues. He has been selected by his peers for inclusion in The Best Lawyers in America in the fields of Creditor Debtor Rights/Insolvency and Reorganization Law since 2013 and was named the Best Lawyers "Lawyer of the Year” in the same field for Worcester in 2015 and 2017.

Admitted to Practice: 

Massachusetts

Representative Experience:

  • Counsel to regional passenger airline in bankruptcy proceeding in the U.S. Bankruptcy Court, District of Massachusetts
  • Represented Official Committee of Unsecured Creditors in Chapter 11 reorganization that resulted in a confirmed plan and a fifty percent distribution to unsecured creditors
  • Successfully dismissed Plaintiff’s Chapter 93A claim against Massachusetts savings bank
  • Negotiated and documented a solar lease covering 100+ acres for a religious non-profit
  • Obtained an order “surcharging” the proceeds from the sale of a Debtor’s residence in a surcharge action
  • 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 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
  • Provided commercial contract review for institutions of higher education

Professional/Community Affiliations:

  • President, Holy Cross General Alumni Association (2009-2010)
  • Past President, The Holy Cross Club of Greater Worcester
  • Lay Advisory Board, St. Joseph’s Abbey, Spencer, Massachusetts
  • Former Co-Chair, Bankruptcy Law Section; Worcester County Bar Association

 Speaking Engagements:

  • Stakes Rise in Check Fraud, Banking New England, December, 2014
  • Directors & Officers Liability Insurance Policies, before the New England Corporate Counsel Association, Inc., Waltham, Massachusetts, June 2, 2010
  • Emerging From Bankruptcy: Sales of Assets Under Section 363(f)(5), Advising Businesses on Bankruptcy & Restructuring: Charting the Road Forward, MCLE, May, 2009
  • Commercial Leases and Foreclosures, Massachusetts Mortgages, Foreclosures and Workouts, MCLE, Fall, 2008
  • Panel Member: Subprime Issues, Sponsored by the Worcester County Bar Association’s Bankruptcy Law Section, May, 2008
  • Client Alert: Treat Your Customers in a Commercially Reasonable Manner - Or Else! analysis ofThe Renovator's Supply Co., Inc. v. Sovereign Bank, 72 Mass. App. Ct., September, 2008
  • Panel Member: Bench Meets Bar, Sponsored by the Worcester County Bar Association’s Bankruptcy Law Section, May, 2006