Profile

Mark D. Silverschotz, co-chair of Anderson Kill's Bankruptcy & Restructuring Practice Group, has worked in the bankruptcy and reorganization field since 1981, representing secured, unsecured, and subordinated creditors. In addition, Mr. Silverschotz has represented trustees, debtors-in-possession, and official committees of creditors and equity holders. These clients included multiple tax and regulatory authorities, including agencies of the states of Washington, Missouri, Kansas, Hawaii, California and Illinois. He represented the State of California, including its regulatory and taxing subdivisions, in more than 100 different matters, including Prudential Securities, GST Communications, KMart, Armstrong, and numerous other cases.

Mark also has served as special insurance counsel in multiple bankruptcies stemming from asbestos and other toxic tort liabilities, including the LTL (Johnson & Johnson spin-off), Cyprus Mines, Kaiser Gypsum, Celotex and Dow Corning cases, among numerous others. He has represented partners in the reorganization and dissolution of professional partnerships, including former New York Governor Hugh Carey, among others, in the dissolution of the law firm Finley Kumble.

Mark has served as a mediator in the United States Bankruptcy Courts for the Southern and Eastern Districts of New York and the District of Delaware. He holds a mediation certificate from the Hugh L. Carey Center for Dispute Resolution at St. John's University.

Since 2002, Mark has lectured annually at the bankruptcy conference of the National Association of Attorneys General and States Association of Bankruptcy Attorneys on issues germane to government attorneys charged with responsibilities in bankruptcy and restructuring matters.

Memberships

The American Bankruptcy Institute

Experience

  • Finova — Counsel to Equity Committee.
  • Dow Corning — Special Insurance Counsel to the Debtor and Officers.
  • Celotex — Special Insurance Counsel to the Debtor.
  • Drexel Burnham — Counsel to Equitable Life.
  • PSINet — Bankruptcy Counsel to Securities Plaintiffs.
  • Southmark — Counsel to Equity Committee.
  • Sleepmaster — Counsel to Creditors Committee.
  • Kasper ASL — Counsel to Creditors Committee.
  • LBS Communications — Counsel to Creditors Committee.
  • Natures’ Elements — Counsel to Creditors Committee.
  • Metaldyne – Counsel to the Creditors Committee and Reorganization Trust.
  • Delphi – Counsel to Wells Fargo.
  • Lead defense team in a $25 million preference lawsuit under Chapter 5 of Title 11 (United States Bankruptcy Code) brought by estate of Circuit City Stores, Inc.

Speaking Engagements

INSURANCE 101 – WHAT KINDS ARE THERE AND HOW DO YOUR CLIENTS COLLECT?

NAAG, NAGTRI AND SABA / October 16, 2018

AT THE INTERSECTION OF BANKRUPTCY AND INSURANCE

Anderson Kill / November 11, 2016

Protecting State Interests: Bankruptcy From a Government Perspective Seminar

NAAG, NAGTRI and SABA / September 27, 2016

Protecting State Interests

NAAG, NAGTRI and SABA Bankruptcy From a Government Perspective Seminar / September 27, 2016

BANKRUPTCY RETENTIONS AND CONFLICTS ETHICS SEMINAR

Anderson Kill / March 1, 2006

KEEPING THE HORSE IN THE BARN: CRITICAL STAGES IN BANKRUPTCY CASES – BUSINESS & FINANCIAL INSTITUTIONS SERIES 6 PART II

Anderson Kill / May 27, 2005

THE FAILED LOAN

Columbia University/University of California-Berkeley / October 1, 2004

KEEPING THE HORSE IN THE BARN: CRITICAL STAGES IN BANKRUPTCY CASES – BUSINESS & FINANCIAL INSTITUTIONS SERIES 6 PART I

Anderson Kill / September 9, 2004

MASS TORTS AND INSURANCE COVERAGE IN CHAPTER 11 CASES

St. John's Law School / April 1, 2004

NEW BANKRUPTCY FUN AND GAMES: WILL IT BE A CREDITORS’ WORLD? – BUSINESS & FINANCIAL INSTITUTIONS SERIES 6

Anderson Kill / March 12, 2003

KICKING AND SCREAMING: HOW TO LITIGATE INSURANCE COVERAGE DISPUTES IN THE BANKRUPTCY COURTS

Anderson Kill / May 8, 2002

FOREIGN INSURANCE CLAIMS IN DOMESTIC CHAPTER 11 CASE

Risk Insurance Management Society / April 4, 2001

Publications

BACK TO THE FUTURE WITH SILICON VALLEY BANK

Anderson Kill Bankruptcy & Restructuring Alert / March 31, 2023

STORM CLOUDS ON THE HORIZON – BANKRUPTCY AND INSURANCE ISSUES RELATED TO BANK FAILURES

Anderson Kill Policyholder Alert / March 17, 2023

TEN TIPS FOR DEALING WITH BANKRUPTCIES CAUSED BY THE COVID-19 SHUTDOWN

Policyholder Advisor & Alert / April 27, 2020

TEN TIPS FOR DEALING WITH BANKRUPTCIES CAUSED BY THE COVID-19 SHUTDOWN

Policyholder Advisor & Alert / April 27, 2020

This Time Is Different: Core Bankruptcy Jurisdiction for Insurance Coverage Lawsuits for Coronavirus-Related Claims (ICLC)

Insurance Coverage Law Center (ICLC) / April 2, 2020

THIS TIME IS DIFFERENT: CORE BANKRUPTCY JURISDICTION FOR INSURANCE COVERAGE LAWSUITS FOR CORONAVIRUS-RELATED CLAIMS (AK)

Policyholder Advisor & Alert / March 31, 2020

D&O POLICY ‘BANKRUPTCY EXCLUSION’ HELD TO BE AN UNENFORCEABLE ‘IPSO FACTO’ CLAUSE

New York Law Journal (NYLJ) / September 23, 2019

READ MY LIPS: NO NEW FEES – RECOGNIZING AND RECOVERING “TAX” CLAIMS IN BANKRUPTCY CASES

National Association of Attorneys General, NAGTRI Journal / May 4, 2017

SUPREME COURT NARROWS AVAILABILITY OF FEDERAL DIVERSITY JURISDICTION FOR CERTAIN BUSINESS ENTITIES

Commercial Litigation Advisor & Alert / March 18, 2016

INSUBORDINATION: DETERMINING UNSECURED POST-PETITION INTEREST CLAIMS AGAINST SUDDENLY SOLVENT DEBTORS

Daily Bankruptcy Review SmallCap / June 30, 2004

THE SOLVENT DEBTOR’S OBLIGATION TO PAY POST-PETITION INTEREST

Bankruptcy & Restructuring Advisor / April 1, 2004

ADVANCING THE CREDITORS’ PLAN: HOSTILE TAKEOVERS IN CHAPTER 11

Bankruptcy & Restructuring Advisor / December 1, 2003

D&O INSURANCE DURING BANKRUPTCY

The Corporate Board / May 1, 1999

News

Attorneys React To High Court’s Puerto Rico Debt Ruling

June 13, 2016

Mark Silverschotz, Veteran Bankruptcy Attorney, Rejoins Anderson Kill P.C.

March 1, 2016

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Mark D. Silverschotz

Of Counsel , New York

Profile

Mark D. Silverschotz, co-chair of Anderson Kill's Bankruptcy & Restructuring Practice Group, has worked in the bankruptcy and reorganization field since 1981, representing secured, unsecured, and subordinated creditors. In addition, Mr. Silverschotz has represented trustees, debtors-in-possession, and official committees of creditors and equity holders. These clients included multiple tax and regulatory authorities, including agencies of the states of Washington, Missouri, Kansas, Hawaii, California and Illinois. He represented the State of California, including its regulatory and taxing subdivisions, in more than 100 different matters, including Prudential Securities, GST Communications, KMart, Armstrong, and numerous other cases.

Mark also has served as special insurance counsel in multiple bankruptcies stemming from asbestos and other toxic tort liabilities, including the LTL (Johnson & Johnson spin-off), Cyprus Mines, Kaiser Gypsum, Celotex and Dow Corning cases, among numerous others. He has represented partners in the reorganization and dissolution of professional partnerships, including former New York Governor Hugh Carey, among others, in the dissolution of the law firm Finley Kumble.

Mark has served as a mediator in the United States Bankruptcy Courts for the Southern and Eastern Districts of New York and the District of Delaware. He holds a mediation certificate from the Hugh L. Carey Center for Dispute Resolution at St. John's University.

Since 2002, Mark has lectured annually at the bankruptcy conference of the National Association of Attorneys General and States Association of Bankruptcy Attorneys on issues germane to government attorneys charged with responsibilities in bankruptcy and restructuring matters.

Memberships

The American Bankruptcy Institute

Experience

  • Finova — Counsel to Equity Committee.
  • Dow Corning — Special Insurance Counsel to the Debtor and Officers.
  • Celotex — Special Insurance Counsel to the Debtor.
  • Drexel Burnham — Counsel to Equitable Life.
  • PSINet — Bankruptcy Counsel to Securities Plaintiffs.
  • Southmark — Counsel to Equity Committee.
  • Sleepmaster — Counsel to Creditors Committee.
  • Kasper ASL — Counsel to Creditors Committee.
  • LBS Communications — Counsel to Creditors Committee.
  • Natures’ Elements — Counsel to Creditors Committee.
  • Metaldyne – Counsel to the Creditors Committee and Reorganization Trust.
  • Delphi – Counsel to Wells Fargo.
  • Lead defense team in a $25 million preference lawsuit under Chapter 5 of Title 11 (United States Bankruptcy Code) brought by estate of Circuit City Stores, Inc.

Speaking Engagements

INSURANCE 101 – WHAT KINDS ARE THERE AND HOW DO YOUR CLIENTS COLLECT?

NAAG, NAGTRI AND SABA / October 16, 2018

AT THE INTERSECTION OF BANKRUPTCY AND INSURANCE

Anderson Kill / November 11, 2016

Protecting State Interests: Bankruptcy From a Government Perspective Seminar

NAAG, NAGTRI and SABA / September 27, 2016

Protecting State Interests

NAAG, NAGTRI and SABA Bankruptcy From a Government Perspective Seminar / September 27, 2016

BANKRUPTCY RETENTIONS AND CONFLICTS ETHICS SEMINAR

Anderson Kill / March 1, 2006

KEEPING THE HORSE IN THE BARN: CRITICAL STAGES IN BANKRUPTCY CASES – BUSINESS & FINANCIAL INSTITUTIONS SERIES 6 PART II

Anderson Kill / May 27, 2005

THE FAILED LOAN

Columbia University/University of California-Berkeley / October 1, 2004

KEEPING THE HORSE IN THE BARN: CRITICAL STAGES IN BANKRUPTCY CASES – BUSINESS & FINANCIAL INSTITUTIONS SERIES 6 PART I

Anderson Kill / September 9, 2004

MASS TORTS AND INSURANCE COVERAGE IN CHAPTER 11 CASES

St. John's Law School / April 1, 2004

NEW BANKRUPTCY FUN AND GAMES: WILL IT BE A CREDITORS’ WORLD? – BUSINESS & FINANCIAL INSTITUTIONS SERIES 6

Anderson Kill / March 12, 2003

KICKING AND SCREAMING: HOW TO LITIGATE INSURANCE COVERAGE DISPUTES IN THE BANKRUPTCY COURTS

Anderson Kill / May 8, 2002

FOREIGN INSURANCE CLAIMS IN DOMESTIC CHAPTER 11 CASE

Risk Insurance Management Society / April 4, 2001

Publications

BACK TO THE FUTURE WITH SILICON VALLEY BANK

Anderson Kill Bankruptcy & Restructuring Alert / March 31, 2023

STORM CLOUDS ON THE HORIZON – BANKRUPTCY AND INSURANCE ISSUES RELATED TO BANK FAILURES

Anderson Kill Policyholder Alert / March 17, 2023

TEN TIPS FOR DEALING WITH BANKRUPTCIES CAUSED BY THE COVID-19 SHUTDOWN

Policyholder Advisor & Alert / April 27, 2020

TEN TIPS FOR DEALING WITH BANKRUPTCIES CAUSED BY THE COVID-19 SHUTDOWN

Policyholder Advisor & Alert / April 27, 2020

This Time Is Different: Core Bankruptcy Jurisdiction for Insurance Coverage Lawsuits for Coronavirus-Related Claims (ICLC)

Insurance Coverage Law Center (ICLC) / April 2, 2020

THIS TIME IS DIFFERENT: CORE BANKRUPTCY JURISDICTION FOR INSURANCE COVERAGE LAWSUITS FOR CORONAVIRUS-RELATED CLAIMS (AK)

Policyholder Advisor & Alert / March 31, 2020

D&O POLICY ‘BANKRUPTCY EXCLUSION’ HELD TO BE AN UNENFORCEABLE ‘IPSO FACTO’ CLAUSE

New York Law Journal (NYLJ) / September 23, 2019

READ MY LIPS: NO NEW FEES – RECOGNIZING AND RECOVERING “TAX” CLAIMS IN BANKRUPTCY CASES

National Association of Attorneys General, NAGTRI Journal / May 4, 2017

SUPREME COURT NARROWS AVAILABILITY OF FEDERAL DIVERSITY JURISDICTION FOR CERTAIN BUSINESS ENTITIES

Commercial Litigation Advisor & Alert / March 18, 2016

INSUBORDINATION: DETERMINING UNSECURED POST-PETITION INTEREST CLAIMS AGAINST SUDDENLY SOLVENT DEBTORS

Daily Bankruptcy Review SmallCap / June 30, 2004

THE SOLVENT DEBTOR’S OBLIGATION TO PAY POST-PETITION INTEREST

Bankruptcy & Restructuring Advisor / April 1, 2004

ADVANCING THE CREDITORS’ PLAN: HOSTILE TAKEOVERS IN CHAPTER 11

Bankruptcy & Restructuring Advisor / December 1, 2003

D&O INSURANCE DURING BANKRUPTCY

The Corporate Board / May 1, 1999

News

Attorneys React To High Court’s Puerto Rico Debt Ruling

June 13, 2016

Mark Silverschotz, Veteran Bankruptcy Attorney, Rejoins Anderson Kill P.C.

March 1, 2016

Education
  • J.D., Georgetown University
  • B.A., Columbia University
Bar Admissions
  • New York
  • New Jersey
Court Admissions
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the Western District of New York
  • United States District Court for the District of New Jersey
  • United States District Court for the Eastern District of Michigan
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the D.C. Circuit

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