Photo of Mark A. Silverman

Mark A. Silverman Member

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 member in Dykema’s Chicago office practicing in the areas of business and financial services litigation. He is a member of the Firm's Financial Services Litigation Group and a co-team leader of the Firm’s Commercial Mortgage-Backed Securities Special Servicer Group. 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.

  • “Secondary Market/Securitization"
    2019-2020
    Consumer Financial Services Answer Book 2020, Practising Law Institute
  • "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-Present