Mark McDermott

Mark McDermott

Skadden, Arps, Slate, Meagher & Flom LLP

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Latest Publications


"Third Circuit Provides Road Map for Structured Dismissals"

In the past decade, Chapter 11 practice has witnessed the rise of a new phenomenon: structured dismissals.1 Broadly speaking, the term structured dismissal is an umbrella term for a dismissal order that includes additional...more

5/30/2015 - Appeals Bankruptcy Code Chapter 11 Chapter 7 Class Action Commercial Bankruptcy Commercial Truck Drivers Corporate Conversions Fraudulent Conveyance Secured Creditors Structured Dismissals Unsecured Creditors WARN Act

"Supreme Court Clarifies Scope of Bankruptcy Court Authority, Allows Court Adjudication of ‘Stern Claims’ if Parties Consent"

On May 26, 2015, the U.S. Supreme Court issued its ruling in Wellness International Network, Ltd., et al. v. Sharif. The Wellness decision clarifies one of the most significant open issues created four years ago by the...more

5/29/2015 - Article III Bankruptcy Code Consent Judicial Authority SCOTUS Stern Claims Stern v Marshall Waivers Wellness International Network v Sharif

"Significant Ruling Gives Chapter 11 Debtors New Leverage Over Secured Creditors"

The Bankruptcy Code's so-called "cramdown" statute provides debtors with a significant tool that can be used to impose a reorganization plan upon recalcitrant secured lenders, subject to fulfillment of certain requirements....more

1/30/2015 - Bankruptcy Code Chapter 11 Commercial Bankruptcy Cramdown Secured Lenders Unsecured Creditors

Overview of ABI Commission Report and Recommendation on the Reform of Chapter 11 of the Bankruptcy Code

The last major revision to U.S. business reorganization laws occurred in 1978. Since then, companies’ capital structures have become more complex and rely more heavily on leverage, including secured debt in particular; their...more

12/24/2014 - Bankruptcy Code Bankruptcy Reform Chapter 11 Commercial Bankruptcy

"Supreme Court Holds That Bankruptcy Courts May Report and Recommend on Stern Claims"

On June 9, 2014, the United States Supreme Court issued its highly anticipated ruling in Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.). The Bellingham decision clarifies one of the...more

6/11/2014 - Article III Chapter 7 Commercial Bankruptcy EBIA v Arkison Executive Benefits Insurance Agency Fraudulent Conveyance SCOTUS Stern v Marshall Tortious Interference

"Using Chapter 11 to Restructure Non-US and Multinational Companies"

Chapter 11 of the U.S. Bankruptcy Code is the most well-developed law of any insolvency regime in the world for helping troubled companies restructure their affairs. Some nations, like Canada and the United Kingdom, also have...more

1/30/2014 - Chapter 11 Commercial Bankruptcy Insolvency Multinationals Restructuring

"Central European Distribution Corporation’s Chapter 11 Plan Incorporates Dutch Auction"

On May 13, 2013, the U.S. Bankruptcy Court for the District of Delaware confirmed a prepackaged Chapter 11 plan of reorganization in the case of Central European Distribution Corporation (CEDC) that incorporated an unmodified...more

8/5/2013 - Auction Chapter 11 Commercial Bankruptcy EU

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