Mark Pfeiffer

Mark Pfeiffer is an insolvency lawyer and litigator with significant trial experience. He focuses his practice on creditors' rights with an emphasis on commercial foreclosure, insolvency, bankruptcy and the defense of lender liability claims. A significant portion of Mark's practice is concentrated on receiver-related issues. Mark's commercial bankruptcy practice includes representation of secured creditors, debtors and Chapter 7 trustees in all aspects of bankruptcy, including Chapter 11 reorganizations. Mark's litigation practice frequently includes jury and bench trials.

Mark is ranked as a Recognized Practitioner in Chambers USA 2018 and 2017 guide.

Prior to obtaining his law degree, Mark was an accountant in the audit and litigation support departments of the largest accounting firm based in Pennsylvania. His accounting practice included forensic and fraud accounting, audits and business valuations.

Some of Mark's recent representations include:

Bankruptcy

• Represented lender in a chapter 11 hotel bankruptcy and prevented the confirmation of a cramdown plan of reorganization and obtained the dismissal of the case by objecting to the debtor’s friendly promissory note claims which were required for plan voting purposes.
• Represented an unsecured creditor in a chapter 11 bankruptcy proceeding and obtained the conversion of the case for cause under section 1112 of the Bankruptcy Code based on the Court’s finding that the debtor violated his bankruptcy financial disclosure obligations by failing to disclose substantial assets and transactions.
• Represented lenders and obtained dismissal of several single asset real estate cases based upon bad faith filings, including a case in which the Court issued a bar order prohibiting further bankruptcy filings and granting prospective relief from the automatic stay in the event a further bankruptcy proceeding was filed.
• Represented a lender in obtaining the dismissal of a petition seeking a preliminary injunction and the extension of the automatic stay to prevent the lender from pursuing claims against the insiders of the debtor.
• Represented lenders, debtors and purchasers in connection with 363 sales of real estate, intellectual property and operating businesses. Represented lenders and debtors in connection with all matters of the bankruptcy case through confirmation of the plan of reorganization and distribution to creditors.
• Represented debtors, Chapter 7 trustees and liquidation trustees in connection with the prosecution of avoidance actions, including preferential transfers, fraudulent transfers and unauthorized post-petition transfers.
• Represented an equipment lender as a debtor in bankruptcy, which included issues related to the debtor's recovery of defaulted loans in the debtor's portfolio, lender liability issues raised by the debtor's customers, and bankruptcy issues related to the securitization of the debtor's loans.
• Represented lenders in connection with obtaining relief from the automatic stay.
• Represented lenders in connection with debtor-in-possession financing, including attempts by debtors to grant priming liens. Represented creditors in the defense of preference and avoidance actions.
• Represented the local court system in connection with the bankruptcy of the developer of a new family courthouse. Lectures on bankruptcy and fraudulent transfer issues.

Receiverships

• Represented lenders in connection with receiverships, including contested evidentiary hearings seeking the appointment of a receiver.
• Represented lenders in connection with the appointment of receivers on an emergency ex parte basis without notice to the borrower.
• Represented receiver in state court jury trial involving breach of fiduciary duty claims against the receiver and obtained dismissal of all claims against the receiver at the close of evidence.
• Represented lenders in connection with approval, and termination, of lease agreements after the appointment of a receiver.

State and Federal Court Litigation

• Represented a creditor as an intervening defendant in a shareholder oppression action which resulted in the creditor obtaining emergency equitable relief, a controlling position on the board of directors and the recognition of the creditor’s claim to a majority of the outstanding stock of the entity.
• Represented defendant in defense of substantial claims under the Telephone Consumer Protection Act (TCPA).
• Represented lenders and note buyers in foreclosure proceedings and receiverships for shopping malls and shopping centers, office buildings and hotels.
• Represented special servicer to obtain a judgment against guarantor under non-recourse carve out which was affirmed on appeal.
• Represented lenders and other parties in state court litigation in Pennsylvania and New Jersey. This representation includes jury trials.
• Represented lenders in mortgage foreclosure actions and actions on promissory notes.
• Represented lenders in connection with sheriff sales.
• Represented lenders the defense of lender liability claims.
• Represented lenders in connection with guarantor litigation. Represented lenders, landlords and defendants in connection with confession of judgment litigation in Pennsylvania.
• Represented various parties in the prosecution and defense of motions for preliminary injunctions and other equitable relief.
• Represented claimants in mechanics lien litigation.

Lender Liability Litigation

• Represented lender and obtained summary judgment against third party seeking to invalidate or subordinate client’s mortgage lien.
• Represented lenders in consumer related lender liability claims, including claims under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Truth-in-Lending Act, the Magnuson-Moss Warranty Act, Equal Credit Opportunity Act and state law consumer protection acts.
• Represented lenders in defense of commercial lender liability claims including failure to fund, breach of fiduciary duty, tortious interference, breach of duty of good faith and fair dealing.
• Lectures on consumer protection laws.

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