Areas of Practice
Industries
Bar Admissions
- Illinois
Court Admissions
- U.S. District Court, Northern District of Illinois
- U.S. Bankruptcy Court, Northern District of Illinois
Education
Chicago - Kent College of Law, J.D.
University of Illinois, B.A., Speech Communications, cum laude
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
- 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.
Representative Matters
- Successful representation of several of the nation’s largest CMBS special servicers in contested foreclosure litigation, guarantor litigation and bankruptcy matters involving assets located in Illinois around the country.
- BMO Harris Bank, N.A. v. K&K Holdings, LLC – Successfully briefed and argued in opposition to Defendants' motion to reconsider summary judgement in an approximately $6.5 million complex bank recovery action defeating defendants' claim that the bank was barred by the doctrine of res judicata from enforcing a commercial guaranty in multiple counties. After briefing, the Appellate Court of Illinois, Second District affirmed the trial court's ruling.
- Successfully represented financial institutions in loan enforcement matters on ABL, C&I, and CRE credits both inside and outside of bankruptcy court.
- Represent secured and unsecured creditors in bankruptcy adversary proceedings.
- Negotiated a favorable recovery for a judgment creditor in a complex, multi-party post-judgment collection proceeding.
- Represented a large financial institution in fraudulent conveyance actions in various counties across Illinois.
- Obtained a favorable ruling for a banking client at an evidentiary hearing in a replevin action relating to automobile part seller.
- Represented a property owner in multiple large-scale commercial forcible entry and detainer actions involving numerous corporate entities to ensure building was vacant for further renovation and disposition.
Seminars & Speeches
- December 2, 2020
- November 10, 2020
- October 22, 2020
- August 20, 2020
- Ethical Issues in Real Estate-Based Bankruptcies 2020, Panelist, Financial Poise Webinar Series2020
- Welcome to the Jungle—CMBS Loan Enforcement Tips and Strategies in a Post-COVID WorldJune 1, 2020
- Looking Ahead: Stress in Commercial Real Estate, Turnaround Management Association’s Town HallMay 6, 2020
- Key Concepts in Hospitality Workouts, NRC Realty WebinarApril 20, 2020
- April 16, 2020
- December 11, 2019
- When Good Loans Go Bad—Troubled Loan Triage, Panelist, Dykema's Financial Industry DownloadOctober 30, 2019
- Anatomy of a (Fictional) Workout, Dykema's 2018 Financial Industry Group Annual Meeting, Chicago, IllinoisNovember 9, 2018
- Legal Matters: Litigation, Settlements & Other Fun Stuff, Panel Moderator, IMN's 8th Annual Midwest Bank Special Assets & Credit Officer's Forum, Chicago, IllinoisSeptember 6, 2018
- March 7, 2018
- Collections and Enforcement's - Managing the Process, IMN's 7th Annual Midwest Bank Special Assets & Credit Officer's Forum, Chicago, IllinoisSeptember 8, 2017
Publications
- January 25, 2021NextGen Financial Services Reporthttps://www.nextgenfinancialservicesreport.com/2021/01/bankruptcys-new-normal-the-consolidated-appropriations-act-distances-from-the-bankruptcy-code-to-provide-further-covid-relief/
- May 11, 2020NextGen Financial Services Reporthttps://www.nextgenfinancialservicesreport.com/2020/05/bankruptcy-on-ice-iii-the-freeze-extends-temporary-suspensions-of-chapter-11-cases/
- May 5, 2020NextGen Financial Services Reporthttps://www.nextgenfinancialservicesreport.com/2020/05/are-debtors-eligible-to-receive-ppp-loans-bankrupt-companies-and-the-sba-wage-war-over-critical-cares-act-program-eligibility/
- April 23, 2020NextGen Financial Services Reporthttps://www.nextgenfinancialservicesreport.com/2020/04/bankruptcy-on-ice-ii-an-early-spring-thaw-for-bankruptcy-courts/
- April 16, 2020NextGen Financial Services Reporthttps://www.nextgenfinancialservicesreport.com/2020/04/bankruptcy-on-ice-retail-debtors-taking-steps-to-freeze-chapter-11-bankruptcy-proceedings-based-on-covid-19-issues/
- April 16, 2020Law360https://www.law360.com/articles/1259365/illinois-courts-may-increasingly-embrace-equity-receiverships
- April 3, 2020NextGen Financial Services Reporthttps://www.nextgenfinancialservicesreport.com/2020/04/ohio-issues-executive-order-requesting-relief-for-small-business-tenants-and-commercial-real-estate-borrowers/
- March 20, 2020NextGen Financial Services Reporthttps://www.nextgenfinancialservicesreport.com/2020/03/bankruptcy-courts-remain-open-for-business/
- “Secondary Market/Securitization"2019-2020Consumer Financial Services Answer Book 2020, Practising Law Institute
- June 24, 2015Commercial Bankruptcy Alternativeshttps://www.dailydac.com/commercialbankruptcy/alternatives/articles/when-her-smile-is-a-thin-disguise-how-to-stop-a-lying-judgment-debtor-from-obtaining-a-bankruptcy-discharge
- "If It Walks Like a Duck…In Re Duckworth: Another Warning to Lenders to Take Care in Drafting Security Documents"March 2, 2015Pratt's Journal of Bankruptcy Law
- "Turning Paper into Cash: Post-Judgement Collection Methods"August 2014Pratt's Journal of Bankruptcy Law
News
- January 24, 2021
- January 4, 2021
- October 14, 2020
- October 7, 2020
- September 25, 2020
- August 3, 2020
- May 1, 2020
- April 16, 2020
- March 30, 2020
- February 28, 2020
- February 26, 2020
- October 9, 2019
- August 30, 2018
Alerts
- January 28, 2021
- March 24, 2020
- November 14, 2019
Press Releases
- January 29, 2021
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 20, 2020
- January 29, 2020
- January 10, 2019
- January 8, 2019
- January 25, 2018
- January 13, 2017
Memberships & Involvement
Turnaround Management Association, Member
Awards & Recognition
-
Recognized in The Best Lawyers in America® for Commercial Litigation, 2021. Copyright 2015 by Woodward/White, Inc., Aiken, SC
- Recognized as a Rising Star by Illinois Super Lawyers® for Creditor Debtor Rights: Business, Business Litigation, Bankruptcy: Business, 2015-Present