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 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.

  • 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.

Memberships & Involvement

Turnaround Management Association, Member

  • 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