Mark Dorval advises a broad range of clients on issues related to bankruptcy, creditors’ rights and commercial practice. His experience includes litigation in federal and state courts, loan workouts, negotiation of settlements and
loan restructuring.
Mr. Dorval develops strategies and provides advice for clients with an emphasis on issues facing institutional creditors of all sizes. He routinely counsels fidelity and surety clients on matters involving bankruptcy and creditors’ rights issues.
Mr. Dorval’s experience includes representing a:
- federal-court-appointed Receiver for failed funds trading in commodity futures and options that were facing potential loses in excess of $209 million, including litigation with both parties and non-parties in federal court, Canadian bankruptcy court and the Grand Court of the Cayman Islands
- surety client in the Chapter 11 reorganization of a general contractor, including issues relating to post-petition financing and protecting the client’s subrogation rights and entitlement to contract retainages
- financial services client in a bankruptcy matter that led to the dismissal of a Truth-in-Lending Act case against the client and created favorable precedent for the dismissal of subsequent bankruptcies involving Truth-in-Lending claims
- retail landlord with respect to the bankruptcy of a Fortune 500 retailer affecting 50 of the landlord’s properties, including issues regarding the sale of assets under Section 363 of the Bankruptcy Code; the assumption, assignment and rejection of leases under Section 365 of the Bankruptcy Code; and the defense and payment of claims
- nonprofit organization as creditor at the sale of the debtor’s assets at auction pursuant to Section 363 of the Bankruptcy Code, as well as negotiating and documenting the subsequent resale of those assets by the nonprofit organization to a third party
- hospital system in the negotiations surrounding the acquisition of another nonprofit health care entity, as well as representation of the hospital system in various bankruptcy matters
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