Photo of Mark A. Silverman

Mark A. Silverman Senior Attorney

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 an attorney in Dykema’s Chicago office practicing in the areas of business and financial services litigation. Mark’s practice covers a wide range of complex commercial litigation, lender’s liability defense, banking, fraudulent conveyance and general fraud litigation, class action litigation, contract disputes, commercial foreclosures, commercial real estate transactions, post-judgment collections proceedings, and general business disputes. Mark represents banks, credit unions, large CMBS special servicers, purchasers of non-performing commercial real estate and C&I loans and investors in loan enforcement litigation and commercial foreclosure actions.

He regularly advises creditors such as insurance companies, banks, CMBS special servicers, landlords and specialty finance companies on a wide range of workout, creditor’s rights, and bankruptcy issues including negotiating forbearance agreements, handling asset-based and non-asset-based loan workouts, negotiating loan sales, liquidating collateral and facilitating settlement negotiations. Mark 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 (Fin Tech) companies navigate 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.

  • 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.

  • Represent 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.

  • Represent major lending institutions on numerous credits inside and outside of bankruptcy court.

  • Negotiated a favorable recovery for a judgment creditor in a complex, multi-party post-judgment collection proceeding.

  • Represent secured and unsecured creditors in bankruptcy adversary proceedings.

  • 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.

  • Anatomy of a (Fictional) Workout, Dykema's 2018 Financial Industry Group Annual Meeting, Chicago, Illinois
    November 9, 2018
  • Legal Matters: Litigation, Settlements & Other Fun Stuff, Panel Moderator, IMN's 8th Annual Midwest Bank Special Assets & Credit Officer's Forum, Chicago, Illinois
    September 6, 2018
  • The Illinois Biometric Information Privacy Act: Litigation Risks and Best Practices for Employers and Others
    March 7, 2018
  • Collections and Enforcement's - Managing the Process, IMN's 7th Annual Midwest Bank Special Assets & Credit Officer's Forum, Chicago, Illinois
    September 8, 2017
  • "When Her Smile is a Thin Disguise—How to Stop a Lying Judgment Debtor from Obtaining a Bankruptcy Discharge"
    June 24, 2015
    Commercial Bankruptcy Alternatives
    https://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, 2015
    Pratt's Journal of Bankruptcy Law
  • "Turning Paper into Cash: Post-Judgement Collection Methods"
    August 2014
    Pratt's Journal of Bankruptcy Law

Memberships & Involvement

Turnaround Management Association, Member

Recognized as a Rising Star by Illinois Super Lawyers® for Creditor Debtor Rights, Business Litigation and Bankruptcy, 2015-2018