Partner

Mark W. Powers

Partner

Overview

Mark Powers is a business lawyer concentrating his practice in commercial law, creditors’ rights and complex business litigation in state and federal courts. He has extensive experience as lead trial attorney in the Bankruptcy, U.S. District and Massachusetts Superior Courts. Mark’s clients are headquartered throughout the U.S. and abroad and turn to him to resolve their business issues quickly and cost-effectively. His courtroom experience includes successful representations of clients – including banks, financial institutions, utilities, creditors’ committees, landlords, bankruptcy trustees and business debtors – in U.S. Bankruptcy Court for the District of Massachusetts as well as Bankruptcy Courts in the Districts of New Hampshire, Maine, Delaware and the Southern, Northern and Eastern Districts of New York.

Clients in a variety of industries seek Mark’s advice, including businesses in the financial services, clean energy, utility, manufacturing, professional services, healthcare and retail sectors. He has extensive experience preparing and negotiating commercial documents in a broad range of business transactions. Mark’s clients are often referred to him by other lawyers because of his niche in the marketplace and relationships he has formed over the years. Mark’s clients think of him as their business lawyer and trusted advisor, whether he is reviewing a contract or litigating a high-stakes dispute.

Aside from 28-plus years of experience, clients value Mark’s depth of knowledge in business law. He has appeared as an expert commentator in several highly-respected business publications, including Bloomberg, The Deal and Massachusetts Lawyers Weekly. “My clients appreciate that I take time to understand their businesses and goals,” according to Mark, “and offer practical solutions.”

Besides work

Mark is an avid traveler, sports enthusiast, wine lover and political junkie.

Affiliations

Professional/Community

  • Lay Advisory Board, St. Joseph’s Abbey, Spencer, Massachusetts
  • Best Lawyers in America, selected by his peers for inclusion in the fields of Creditor Debtor Rights/Insolvency and Reorganization Law since 2013
  • “Lawyer of the Year,” named in Best Lawyers in the fields of Creditor Debtor Rights/Insolvency and Reorganization Law for Worcester, 2015 and 2017

Previous

  • President, Holy Cross General Alumni Association (2009-2010)
  • Past President, The Holy Cross Club of Greater Worcester
  • Former Co-Chair, Bankruptcy Law Section; Worcester County Bar Association

Articles + Talks

Articles

  • Stakes Rise on Check Fraud,” Banking New England, November/December 2014
  • “Treat Your Customers in a Commercially Reasonable Manner – Or Else! analysis of The Renovator’s Supply Co., Inc. v. Sovereign Bank, 72 Mass. App. Ct.,” Bowditch & Dewey, September 2008

Talks

  • “Stakes Rise in Check Fraud,” Banking New England, December, 2014
  • “Directors & Officers Liability Insurance Policies,” 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
  • “Subprime Issues,” Worcester County Bar Association’s Bankruptcy Law Section, May 2008
  • “Bench Meets Bar,” Worcester County Bar Association’s Bankruptcy Law Section, May 2006

Bar Admissions

  • Massachusetts

Education

  • J.D., University of Chicago Law School
  • B.A., magna cum laude, College of the Holy Cross
Experience

Helping a client through a difficult financial strait

A client in the transportation field experienced financial difficulty. “After efforts to sell the company failed,” Mark noted, “I represented the company in its bankruptcy case and successfully negotiated a resolution of several critical issues that resulted in no liability to the company’s officers or board members, including claims arising from consumer prepayments for services never rendered, claims by the taxing authorities holding the officers of the company liable for unpaid taxes, and claims asserted by vendors who threatened to sue the company’s officers for alleged fraud and deception.”

A difficult case on behalf of a creditor

Mark’s client in this case was a regional bank that had lent to a condominium developer where the project was failing. As Mark described it, “the borrower went into default and filed for bankruptcy. The borrower thereafter asserted various lender liability claims against the bank.” While that suit was pending, the bank moved to lift the automatic stay and at trial won on the valuation issue, leveraged that victory to negotiate a settlement agreement that included a release of all claims against the bank and set an aggressive schedule that the borrower could not meet, causing it to soon default under the settlement agreement, thereby providing the bank with relief from the automatic stay. “This was an example of trying the case well and advising the client of the leverage it had obtained to negotiate a favorable agreement that released all claims against it.”

Other experience

Litigation and dispute resolution

  • Counsel to regional passenger airline in bankruptcy proceeding in the U.S. Bankruptcy Court, District of Massachusetts
  • Official Committee of Unsecured Creditors in Chapter 11 reorganization that resulted in a confirmed plan and a 50 percent distribution to unsecured creditors
  • Dismissed a plaintiff’s Chapter 93A, consumer protection claim against a Massachusetts savings bank
  • 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
  • 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
  • Foreclosed a $150 million first mortgage loan on a 100,000 square foot office building in MetroWest
  • Obtained an order “surcharging” the proceeds from the sale of a debtor’s residence in a surcharge action

Contracts and transactions

  • Negotiated and documented a solar lease covering 100-plus acres for a religious non-profit
Insights + News
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To get in touch, please call us at 508-791-3511 or fill out the form below. Fields in orange are required.

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