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Dykema

Mark A. Silverman

Mark A. Silverman

Member

Expertise

  • Bankruptcy & Insolvency Litigation
  • Bankruptcy, Insolvency & Creditors
  • Business & Commercial
  • Bankruptcy, Insolvency & Creditors' Rights

WSG Practice Industries

Activity

Dykema
Illinois, U.S.A.

Profile

Mark Silverman is a creative and out-of-the box thinker practicing in the areas of creditors’ rights, loan workout, bankruptcy, and loan enforcement on behalf of large, mid-sized, and small banks, financial institutions, fintech companies, and the nation’s largest CMBS special servicers. Mark is a member in Dykema’s Chicago office where he is a co-team leader of the Firm’s Commercial Mortgage-Backed Securities Special Servicer Group, Chair of the Firm’s nationwide Technology Advisory Committee, and is a valued member of the Firm's Financial Industry Group.

Mark’s practical and pragmatic approach allows him to aggressively and efficiently advise his clients in connection with:

  • commercial foreclosures
  • receiverships
  • complex loan enforcement matters relating to ABL, C&I and specialty finance credits both in and outside of bankruptcy court
  • asset-based and non-asset-based loan workouts
  • post-judgment collection matters
  • equity and real property receiverships
  • bankruptcy litigation
  • lender liability defense litigation
  • fraudulent conveyance litigation
  • breach of fiduciary duty litigation
  • complex commercial litigation
  • class action litigation
  • contract disputes 

Mark’s significant commercial foreclosure and workout experience spans many sectors including hospitality and hotel, retail shopping centers and strip malls, commercial office and mixed-use centers, multi-unit apartment and condominium complexes, busted residential developments, medical facilities, industrial, golf courses, and airports.

Mark helps his creditor clients navigate negotiating loan sales, negotiating forbearance agreements, liquidating collateral, assignments for the benefit of creditors, 363 sales, foreclosure sales, and other loan restructuring issues.  He also regularly advises clients on litigation risk and bankruptcy implications of ABL, C&I, and CRE loan transactions.

Mark also has experience helping Financial Technology (FinTech) companies steer through complex litigation relating to a broad range of issues, including the enforcement of Terms of Service Agreements, Merchant Agreements, and Uniform Commercial Code issues, among others.

Prior to joining Dykema, Mark was a judicial extern with the Honorable Arlander Keys in U.S. District Court for the Northern District of Illinois.

Mark has also been recognized by Illinois Super Lawyers as a Rising Star in the field of Creditor Debtor Rights, Business Litigation and Bankruptcy since 2015.

Bar Admissions

Illinois

Education

Chicago - Kent College of Law, J.D. University of Illinois, B.A., Speech Communications, cum laude
Areas of Practice

Bankruptcy & Insolvency Litigation | Bankruptcy, Insolvency & Creditors | Bankruptcy, Insolvency & Creditors' Rights | Business & Commercial | Business & Commercial | Business Services | Commercial Lending | Financial Services Litigation | Financial Services Litigation – Commercial | In- and Out-of-Court Restructurings & Liquidations | Landlord Representation | Litigation | Privacy and Data Security | Real Estate Litigation | Real Estate Workouts | Representation of Financial Institutions in Bankruptcy & Workout Matters

Articles

The New Normal – The Consolidated Appropriations Act Temporarily Codifies Pandemic-Related Bankruptcy Relief for Commercial Tenants (But It’s Not All Bad For Landlords)
Dykema, January 2021

On December 27, 2020, the Consolidated Appropriation Act of 2021 (the “CAA”) was enacted to provide additional coronavirus stimulus and relief for businesses challenged by the ongoing COVID-19 Pandemic...

Loan Modifications Related to COVID-19
Dykema, March 2020

On March 22, 2020, the Federal Reserve Board, the FDIC, the National Credit Union Administration, the Office of the Comptroller of Currency, the Consumer Financial Protection Bureau and state banking regulators (collectively, the “agencies”) published an interagency statement on loan modifications and reporting for financial institutions working with customers affected by COVID-19...

The Shift From DOJ Enforcement to Administrative Review for HUD False Claims Act Violations
Dykema, November 2019

The False Claims Act (“FCA”) is one of the most powerful anti-fraud weapons available to the U.S. Department of Justice (“DOJ”). It permits treble damages and makes penalties available for each false claim the defendant submitted to a federal payor. The DOJ effectively deployed the FCA against mortgage lenders in the aftermath of the sub-prime lending crisis to obtain, in some cases, billion-dollar settlements...

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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