Mark Cody has over 20 years of experience representing clients in corporate bankruptcy, restructuring, distressed situations, and other insolvency-related matters. He has advised debtors, lenders, large creditors, official creditors' committees, distressed investors, and other parties in large in-court and out-of-court corporate restructurings across the country in a variety of industries, including retail, automotive, energy, and coal. Further, he has significant experience counseling clients in distressed acquisitions, loan workouts, cross-border insolvencies, and corporate governance and fiduciary duty matters.
Notable chapter 11 debtor representations include: Chrysler, FLYi/Independence Air, General Wireless Operations (d.b.a. RadioShack), Harry & David, Imperial Home Decor, Laidlaw, Loewen Group (n.k.a. Alderwoods Group), Metaldyne, Montgomery Ward, National Century Financial Enterprises, NationsRent, Peabody Energy, Performance Transportation Services, Purina Mills, Slater Steel, and USG.
Other representations include Vari-Form Group in connection with its out-of-court distressed asset sales and the insolvency proceedings of its Canadian affiliate, the administrative agent in the out-of-court restructuring of Network Communications; a large creditor in the chapter 9 municipal bankruptcy case of Jefferson County, Alabama; the official creditors' committees in the chapter 11 cases of Mercury Finance and MobileMedia Communications; International Textile Group in the chapter 11 cases of subsidiary Global Safety Textiles; a large creditor in the chapter 11 cases of Calpine Corporation; and Oncor in the chapter 11 cases of its ultimate parent, Energy Future Holdings Corp. and certain affiliates.
Mark is a member of the American Bankruptcy Institute, Turnaround Management Association, Illinois State Bar Association, Chicago Bar Association, and the Dartmouth Club of Chicago. Since graduation, Mark has been a class agent for the Dartmouth College Fund.
Delaware Bankruptcy Court Rules that Bankruptcy Blocking Right in Debtor's Corporate Charter Violates Federal Public Policy
Fifth Circuit Rules That Corporate Charter Provision Requiring Shareholder Consent for Bankruptcy Filing Is Enforceable but Declines to Rule on Validity of "Golden Shares"
Expansion by the Acquisition of Financially Distressed Health Care Facilities and Companies: Opportunities and Challenges
- November 2019
Mixed Signals on Enforcement of Provisions Precluding Bankruptcy Filing Absent Lender’s Consent, Lexis Practice Advisor
- June 17, 2020
Tax Attributes in Reorganization: Is there a there there? 36th Annual Bankruptcy and Restructuring Conference for the Association of Insolvency and Restructuring Advisors
- June 6, 2019
Recent Developments in Distressed Lender-Side Representations, MCLE University
- February 25, 2015
Emerging Affiliation and Capital Support Models for Distressed Hospitals, Jones Day / Kaufman Hall Webinar
- January 21, 2015
Identifying and Evaluating the Drivers of Hospitals Experiencing Financial Distress
- December 2, 2013
Municipal Chapter 9s - What Have We Learned So far?, Beard Group 2013 Distressed Investing Conference
- June 7, 2013
Real Estate Distress: Workout Options in Real Estate, 29th Annual Bankruptcy and Restructuring Conference for the Association of Insolvency and Restructuring Advisors
- October 17, 2012
Bankruptcy Remote Structures, National Association of Real Estate Investment Managers (NAREIM)/2012 Legal & Compliance Council Meeting
- November 7, 2011
ABI Canadian/American Cross- Border Insolvency Symposium
- St. John's University (J.D. cum laude 1996; Articles Editor, Law Review); Dartmouth College (A.B. 1992)
- Illinois, U.S. District Court for the Northern District of Illinois, and U.S. Court of Appeals for the Seventh Circuit
Illinois Super Lawyers
The Legal 500 US (2014, 2015, and 2016)