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
Massachusetts 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 lender syndicate in defending credit card processing rights and receivables sale and related matters in the Avianca Airlines chapter 11 cases. 

Representation of ad hoc group of unsecured New York and Chilean bondholders in the LATAM Airlines chapter 11 cases.

Representing secured lenders under a bank vessel facility agreement in an original principal amount of $150 million and undrawn revolving credit facilities for up to $100 million with Floatel International Ltd. in ongoing restructuring negotiations.

Representation of the agent under certain bank facilities made available to Borr Drilling Limited, a jack-up drillship operator, in connection with the amendment of the facility agreements.

Representation of alternative debtor-in-possession lender and prepetition minority term lender in the chapter 11 cases of Southcross Energy.

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

Representation of certain trade finance lenders of Usina Santa Terezinha, a Brazilian sugar and ethanol producer, in connection with prepetition workout discussions and in connection with Brazilian insolvency filing and related chapter 15 cases.

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 USJ Acucar e Alcool, a Brazilian sugar and ethanol producer, in connection with exchange offers.

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 restructuring 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 Daimler in preparation for chapter 11 cases of Takata Corporation.

Representation of Aegean Baltic Bank as agent under certain new shipbuilding facilities made available to Aegean Marine Petroleum Services in connection with Aegean Marine’s chapter 11 cases in New York.

Representation of Aegean Baltic Bank in connection with certain facilities made available to Eletson Holdings.

Representation of QGOG Constellation, a Brazilian ultra-deepwater driller, in connection with pre-reorganization exchange offer in 2017.

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.

Representation of an ad hoc group of unsecured bondholders of Gol Airlines in connection with a proposed exchange offer in 2016.

Representation of Aralco S.A., a Brazilian sugar and ethanol producer, in connection with its chapter 15 proceedings in New York.

Representation of Alliance Bank JSC, a Kazakhstani bank, in connection with Alliance Bank’s chapter 15 proceedings in New York.

Representation of New World Resources N.V., an Eastern European mining concern, in connection with its chapter 15 proceedings in New York.

Representation of Rede Energia S.A., a Brazilian power company, in connection with its contested chapter 15 proceedings in New York.

Representation of HSH Nordbank (now known as Hamburg Commercial Bank) as agent under a syndicated facility made available to Nautilus Holdings, a containership company, in connection with contested chapter 11 proceedings in New York.

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