Mark Franke

Associate, New York

Biography

Overview

Mark Franke is a senior associate in the Financial Restructuring & Insolvency group. He has extensive experience in representing stakeholders of financially distressed companies, including corporate debtors, bondholders and lenders. In addition, he has significant experience acting for stakeholders in cross-border insolvencies.  

Bars and Courts
New York State Bar
US District Court for the Southern District of New York
US District Court for the Eastern District of Michigan
Education
JD
University of Michigan Law School
BA
Liberal Arts Honors Humanities
University of Texas at Austin
BA
Music
University of Texas at Austin
Languages
English

Experience

Representation of agent under $1.8 billion secured credit facility to a Brazilian ultra-deep water drillship operating in connection with out-of-court consensual restructuring and recapitalization transactions.

Representation of Oi S.A., a major Brazilian telecommunications company in connection with its cross-border in-court insolvency proceedings, related litigation, and the restructuring of approximately $19 billion of prepetition obligations.

Representation of OAS S.A., a major Brazilian engineering and construction company in connection with its cross-border in-court insolvency proceedings, related litigation, and the restructure of its approximately $9 billion of prepetition obligations.

Representation of legacy bondholders of iHeartCommunications, Inc. in connection with the iHeart chapter 11 proceedings and related litigation.

Representation of agent under $175 million secured credit facility to the offshore supply business of Ultrapetrol Bahamas Ltd. in connection with an out-of-court restructuring of primary obligations and in-court release of a parent guarantee through a prepackaged chapter 11 plan.

Representation of secured creditors of Republic Airlines in connection with Republic’s chapter 11 proceedings.

Publications

The Detroit Pension Bankruptcy Trust: A Proposal fo the Resolution of Detroit's Pension Obligations under Chapter 9 of the Bankruptcy Code, 22 J. BANKR. L. & PRAC. NL 2 Art. 5, 2014

Ijara (Shariah-Compliant) Islamic Lease Financing Under the Bankruptcy Code, 45 UNIFORM COMM. CODE L. J. 259, 2014

Suitability and Non-Maleficence: A Proposal for Consumer Insurance Producer Regulatory Reform, 26 LOYOLA CONS. L. REV.¬ 73, 2013

Mezzanine Finance and Preferred Equity Investment in Commercial Real Estate: Security, Collateral & Control, 1 MICH. J. PRIVATE EQUITY & VENTURE CAP. L. 93, 2012, (co-Author with J. Robins and D. Wallis)

Awards and Recognition

2013 Clarin M. Schwartz Memorial Award, The American College of Employee Benefits Counsel Student Writing Competition