Mark A. Speiser has extensive experience with the representation of institutional creditors and creditors’ committees in large and complex reorganization proceedings. He handles bankruptcy issues related to commodities, derivatives, securities contracts, repurchase agreements and the energy industry. This has included advising creditors, purchasers of assets and derivatives counterparties in the Chapter 11 cases of Lehman Brothers Holdings, Inc., Lyondell Chemical Company, Constar International, Inc., SemCrude, L.P., Black Diamond Mining, LLC, Aegis Mortgage Corporation, Marcal Paper Mills, Inc., Calpine Corporation, Enron Corporation, Pacific Gas and Electric Company, Bethlehem Steel Corporation, Genuity, Inc., National Energy & Gas Transmission, Inc. f/k/a, PG&E National Energy Group, Inc. and Mirant Corporation. Mr. Speiser represented Delta Air Lines in environmental related bankruptcy issues. He advises clients that enter into derivatives and commodities transactions with Chapter 11 debtors in possession.
Mr. Speiser has represented creditors in workouts of multinational debtors and assisted in the restructuring of debt of several of the nation’s largest privately held pulp and paper manufacturers. He has represented creditors’ committees in the Chapter 11 reorganizations of The LTV Corporation and Republic Technologies International, LLC. Mr. Speiser also has extensive experience in structured finance, health care and real estate transactions, as well as environmental and pension liabilities.
Activities
Co-author: "Derivatives Trading Orders: Protecting the Debtor’s Trading Business from Bankruptcy Termination," Journal of Taxation and Regulation of Financial Institutions, July/August 2006; Section 546(e): Fifteen Years After Kaiser Steel, Still Open To Interpretation, Pratt’s Journal of Bankruptcy Law, June 2006; NOLs: The Policy Conflicts Created by Trading Orders, Commercial Lending Review, May-June 2005; Doing Derivatives Business with Chapter 11 Entities, Derivatives Report, October 2002; Chapter 11: Not the End of the Story, Risk, October 2002; Speaker: 2008 Power Industry Developments, Stroock Energy Seminar, May 2008; Post-Petition Derivatives Transactions with Chapter 11 Debtors, American Conference Institute’s (ACI) Chapter 11 Finance Conference, June 2003; ACI's Credit Derivatives Conference, February 2003
Admitted to Practice
New York, 1979; U.S. District Court, Southern and Eastern Districts of New York, 1979, Northern District of Texas, 1999; U.S. Supreme Court, 1994
Education
LL.M., New York University, 1981
J.D., magna cum laude, Brooklyn Law School, 1978
B.A., magna cum laude, Yeshiva University, 1975 |