Mark W. Page
mpage@masseygail.com
Tel: 312.379.0720

Massey & Gail LLP
50 East Washington Street
Suite 400
Chicago, IL 60602
Tel: 312.283.1590
Fax: 312.379.0467

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Mark W. Page

Mark Page has over twenty-five years of experience in all aspects of bankruptcy cases and enforcement of creditors’ rights. After clerking for a U.S. Claims Court judge and a bankruptcy judge, Mark practiced at Sonnenschein Nath & Rosenthal (now Dentons) and at Kelley Drye & Warren, gaining extensive experience in bankruptcy, other insolvency proceedings, and related litigation, including appeals. As Vice President and Assistant General Counsel at the First National Bank of Chicago (later Bank One and then JPMorgan Chase), he learned the ins and outs of protecting and advancing the diverse interests of a large financial institution in a variety of complex bankruptcy, insolvency, bank group, and litigation matters.

Mark has used his thorough understanding of the bankruptcy process to protect and prosecute the interests of virtually every type of bankruptcy and insolvency participant. He has handled fraudulent transfer, Ponzi scheme clawback, lender liability, lien perfection and priority, and insolvency related lawsuits in federal and state courts. He has obtained favorable results for financial institutions, secured and unsecured creditors, co-“potentially responsible parties” (“PRP”), financial contract participants, contract parties, insurers, receivers, landlords, debtors, plan administrators, and liquidation trustees in complex financial restructurings, corporate reorganizations, and liquidations, as well as related litigation, including appeals. His experience spans a wide array of industries, including financial services, maritime shipping, telecommunications, airline, retail, commercial real estate, gaming, technology, manufacturing, mining, and energy. He has also successfully addressed all manner of disputes under the Uniform Commercial Code, both in and out of court.

Mark is a 1991 graduate of the University of Minnesota Law School, cum laude, where he was a Research and Note Editor for the Minnesota Law Review.

Education

  • University of Minnesota Law School, J.D. cum laude, 1991
  • University of South Carolina, South Carolina College (Honors College), B.A., B.S. magna cum laude, 1986
  • University of Kent at Canterbury, Junior Year Abroad, 1984-85

Clerkship

  • The Honorable Bohdan A. Futey, U.S. Claims Court, now the U.S. Court of Federal Claims, 1991-92
  • The Honorable S. Martin Teel, Jr., U.S. Bankruptcy Court for the District of Columbia, 1992-93

Admissions

  • Illinois
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeal for the Eighth Circuit
  • United States Court of Federal Claims

Publications

  • Co-Author, An “Apex” that May Be a Turning Point: Ruling in Oil Company Case Holds Debtor Responsible for Cleanup Obligations, 35 Connecticut L. Tribune No. 39 (Sept. 28, 2009)
  • Co-Author, A Quagmire of Obligations: Making Sense of the Intersection of CERCLA and the Bankruptcy Code, 25 Bankr. Strategist No. 7 (May 2008)
  • Author, The Undercapitalized Corporation and Illinois Corporate Veil Piercing Law, 88 Ill. B.J. 398 (July 2000)
  • Co-Author, Is the Retainer Held by Debtor’s Counsel Lender’s Cash Collateral?, 33 Bankr. Ct. Decisions, Issue 24, at A3 (Mar. 23, 1999)
  • Co-Author, Discharging Environmental Claims in Bankruptcy, 16 Bankr. Strategist No. 3, at 6 (Jan. 1999)
  • Co-Author, Absence of Unusual Collection Efforts Does Not Absolve Creditor of Preference Liability, 16 Bankr. Strategist No. 2, at 1 (Dec. 1998)
  • Co-Author, More Difficulties for Debtors in Discharging Cleanup Duties, 14 Bankr. Strategist No. 8, at 4 (June 1997)
  • Co-Author, Asset Buyer Exposed to Successor Liability, 11 Bankr. Strategist No. 9, at 5 (July 1994)
  • Author, Comment, Price v. Viking Penguin, Inc.: The Neutral Reportage Privilege and Robust, Wide Open Debate, 75 Minn. L. Rev. 157 (1990)

Awards and Honors

  • Research and Note Editor, Minnesota Law Review
  • Dean’s List 1988-91, University of Minnesota Law School
  • Phi Beta Kappa, University of South Carolina
  • Alumni Scholarship 1982-86, University of South Carolina
  • Carolina Ambassador Scholarship 1984-85

Representative Matters

  • Successfully prosecuted major financial institution’s rights and claims under six trade-finance deals totaling $80 million and under parent guaranties of deals in chapter 11 bankruptcies of large paper machinery manufacturer and its guarantor parent company, and UK administration proceeding of their English affiliate.
  • Successfully protected and furthered interests of global oil and gas company as claimant and co-PRP at multiple sites in chapter 11 bankruptcy of major mining, smelting, and refining company, the largest environmental bankruptcy to date (Asarco).
  • Defending major financial institution against fraudulent transfer claims in Illinois state court.
  • Successfully defended major financial institution against Ponzi scheme clawback claims brought by chapter 7 trustees in Illinois and Florida bankruptcy courts.
  • Represented bankruptcy plan administrator in post-confirmation wind-down of large ethanol producer, suing to recover deposits under contracts and obtain multi-million preference recoveries, and significantly reducing claims pool through formal and informal claims objections. Represented number of liquidation trustees in similar post-confirmation wind-downs, obtaining similar results.
  • Filed amici brief for co-PRPs in Seventh Circuit Court of Appeals and opposing grant of certiorari by Supreme Court, concerning scope of discharge in bankruptcy of environmental cleanup obligations.
  • Represented financial contract participant in chapter 11 bankruptcy of its global financial services firm counterparty, the largest financial services company bankruptcy to date (Lehman Bros.).
  • Represented large bank in determining whether and when to take $18 million tri-party setoff.
  • Successfully represented large bank in UCC priority dispute with two other creditors of bankrupt book distributor and in defending against chapter 7 trustee’s subsequent lawsuit to avoid bank’s liens and recover $12.5 million in alleged preferences.
  • Represented large bank as administrative and collateral agents for bank groups with large secured warehouse loan claims in chapter 11 bankruptcies of mortgage lenders and in related $6.4 million setoff dispute with third party.
  • Defended large bank in chapter 7 trustee’s lawsuit to recover alleged preferences and fraudulent transfers and asserting lender liability tort claims.
  • Represent indenture trustee in chapter 11 bankruptcy of large casino operator.
  • Represented receiver of major power company in federal receivership.
  • Represented large bank in efforts to settle chapter 7 trustee’s threatened $17.5 million preference action.
  • Represented large bank as administrative agent and bank group member in numerous bank group disputes.
  • Successfully argued and briefed appeal to Eighth Circuit Court of Appeals of novel bankruptcy preference issue.
  • Represented insurer in mass tort bankruptcy of manufacturer of polybutylene plumbing system, including related litigation with appeals to Fifth and Seventh Circuit Courts of Appeals
  • Represent financial advisor in obtaining dismissal of chapter 7 trustee’s malpractice claims based on res judicata effect of Texas bankruptcy court’s fee allowance order.