Mark Bloom

Mark D. Bloom

Partner
Baker & McKenzie LLP

Biography

Mark Bloom is the North America Chair of the Firm's Global Restructuring and Insolvency Practice. Based in the Miami office, Mark has over 40 years of experience representing clients in a wide array of US and cross-border financial restructuring, reorganization and bankruptcy matters. In recent years he has focused the majority of his practice on complex cross-border insolvency cases and situations involving the application of Chapter 15 of the US Bankruptcy Code, the UNCITRAL Model Law on Cross-Border Insolvency, and the insolvency regimes of various jurisdictions.

Mark has been listed in The Best Lawyers in America since 1993, and is also listed in both the Chambers Global and Chambers USA Guides. He is a graduate of Yale University and the University of Maryland School of Law.

Practice Focus

Mark's diverse experience, spanning more than 40 years, includes all areas of US and cross-border financial restructuring, reorganization and bankruptcy, involving the representation of debtors, US and foreign fiduciaries, secured and unsecured creditors, and official committees and purchasers of troubled companies and their assets, both in and out of bankruptcy court.

Widely recognized as a leader and leading authority in the insolvency profession both in the U.S. and around the world, Mark is a Past Chair and President of the prestigious American College of Bankruptcy, into which he was inducted as a Fellow in 1998. He currently serves as Vice President and member of the Executive Committee of the similarly prestigious International Insolvency Institute, into which he was invited as a member in 2014. Mark is one of only 105 worldwide members of the International Exchange of Experience on Insolvency Law, and also has been an active member of INSOL International for 25 years, co-chairing its Annual Conference on International Insolvency in 2012.

Mark remains much in demand as a speaker and visiting lecturer at industry conferences and leading universities around the world. He has written and published extensively and lectured on five continents for INSOL, the American Bankruptcy Institute, ALI-ABA, the International Section of the New York State Bar Association, RISA and other organizations, and at the Harvard Business School and University of Chicago Law School. His presentations and articles cover a wide range of topics of interest to insolvency professionals, particularly including cross-border recognition and international comity and cooperation. He has served on the Editorial Boards of both INSOL World and the International Insolvency Law Review, and authored multiple articles in those and other leading insolvency publications.

Representative Legal Matters

  • Advised indenture trustee for multiple series of senior notes in contentious multinational restructuring proceedings in US Southern District of Texas and Sweden. 
  • Advised multinational group of companies on coordination of US Chapter 11 filings in Southern District of New York with parallel and ancillary proceedings in The Netherlands and Brazil.
  • Advised foreign representatives of Cayman Islands feeder fund in Chapter 15 case and litigation against US Securities and Exchange Commission and US Receiver in litigation over distribution plan to investors in feeder fund.
  • Advised Indonesia-Singapore conglomerate on issues relating to cross border insolvency law in connection with successful Singapore scheme of arrangement and Chapter 15 case in Southern District of New York.
  • Advised leading Asia Pacific international airline on cross-border insolvency issues under the US Bankruptcy Code and UNCITRAL Model Law in connection with successful reorganization under local country rehabilitation law.
  • Advised Objecting Noteholders in an Indonesia-based telecommunication services provider's Chapter 15 case involving USD 770 million in debt, defeating relief requested in the Southern District of New York in connection with an Indonesian PKPU proceeding.
  • Advised foreign representatives of Cayman Islands segregated portfolio company in obtaining recognition and relief under Chapter 15 in the Southern District of Florida and recovery of tens of millions of dollars of assets in the United States.
  • Advised India-based conglomerate on issues of cross-border insolvency law in connection with successful English scheme of arrangement.
  • Advised debtors in  energy company's Chapter 11 cases in District of Delaware, and in connection with related English cross-border ancillary proceeding of London Stock Exchange-listed parent.
  • Advised dissenting Portuguese shareholders in a large fixed telephone operator's Chapter 15 cases in Southern District of New York.
  • Advised multiple creditors in a Korean shipping company's Chapter 15 case in District of New Jersey.
  • Advised BVI liquidator and debtor in a calcium silicon and ferroalloys producer's Chapter 11 case in Southern District of New York and sale of equity interests in subsidiaries.
  • Advised bankruptcy trustees for a large US bank holding company in Southern District of Florida, returning 119% dividend to creditors from proceeds of litigation settlements with Federal Deposit Insurance Corporation and liquidation of other assets.
  • Advised Official Committee of Equity Holders in an international hearing care company's USA Chapter 11 cases in Southern District of Florida and sale of assets producing return to holders of public equity.
  • Advised Revolving Lenders in a luxury Las Vegas hotel's Chapter 11 case and related litigation and appeals in Southern District of Florida.
  • Advised a large land development company in Florida and affiliates as debtors in Chapter 11 reorganization of public company with 330,000 creditors and USD 4 billion in claims.
  • Advised an international air cargo operator, and its affiliates in Chapter 11 reorganization of USD 275 million in public debt.
  • Advised a nationwide flower retailer in Chapter 11 cases and series of asset sales for publicly traded corporation.
  • Advised a beauty products manufacturer and supplier and affiliates as debtors in Chapter 11 cases in District of Arizona and series of asset sales for company with public debt and equity.
  • Advised a real estate development company and affiliates as debtors in Chapter 11 reorganization of USD 400 million, NYSE-listed real estate development company with multiple subsidiaries, public debt and equity.

Professional Honors

  • Listed, Lawdragon 500 Leading US Bankruptcy & Restructuring Lawyers, 2020, 2022 and 2023
  • Named, Client Service All Star, BTI Client Service All-Stars Report, Public Finance, 2019
  • Listed, The Legal 500 United States, 2009-2019
  • Listed, Chambers USA Guide, 2003-2023
    • Insolvency and Restructuring, 2003-2017
    • Bankruptcy/Restructuring, 2018-2021
    • Bankruptcy Litigation, 2020-2021
  • Listed, Chambers Global, Bankruptcy/Restructuring (USA), 2013-2023
  • Listed, The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Litigation - Bankruptcy, 1993-2023
    • Selected, "Lawyer of the Year," Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Miami, 2019
    • Selected, "Lawyer of the Year," 2010
  • Listed, Super Lawyers magazine, Florida Super Lawyers, 2006-2023
    • "Top 100 Lawyers in Florida," 2006-2008, 2013, and 2015-2016
    • "Top 100 Lawyers in Miami," 2010-2018
  • Listed, South Florida Legal Guide, "Top Lawyer," 2013-2019
  • Listed, Florida Trend magazine, 2004-2013, 2015-2023
    • "Hall of Fame," Bankruptcy & Workout, 2015, 2016-2019
    • "Hall of Fame," Insolvency and Restructuring, 2009-2013
  • Listed, Who's Who Legal - The International Who's Who of Insolvency & Restructuring Lawyers
    • Recommended as a "Global Leader: Restructuring & Insolvency," 2021
    • Recommended as a "National Leader: Florida - Restructuring & Insolvency," 2020
  • Listed, The K&A Restructuring Register, "America's Top 100"
  • Rated, AV Preeminent® 5.0 out of 5, Martindale-Hubbell

Professional Associations and Memberships

  • Fellow of the American College of Bankruptcy, 1998-Present
    • Chair, 2020-2022
    • President, 2018-2020
    • Chair, American College of Bankruptcy Foundation, 2014-2018
    • Vice President, 2010-2014
    • Director, 2007-2010
    • Board of Regents, 2003-2007
  • Member, International Insolvency Institute, 2014-Present
    • Vice President, 2022-Present
  • Board Member, INSOL World Editorial Board, 2014-2016
  • Member, International Exchange of Experience in Insolvency (IEEI), an elite group of 104 judges, academics and insolvency practitioners from 34 countries, 2020-Present 
  • Board Member, International Insolvency Law Review, Editorial Board, 2014-2016
  • Co-Chair, INSOL International Annual Regional Conference on International Insolvency, May 2012
  • Board Member, Camillus House of Miami, Board of Directors
  • Past President, Bankruptcy Bar Association of the Southern District of Florida

Admissions

  • U.S. Court of Appeals, Eleventh Circuit~United States (1981)
  • U.S. Court of Appeals, Fifth Circuit~United States (1981)
  • U.S. District Court, Southern District of Florida~United States (1981)
  • U.S. District Court, Middle District of Florida~United States (1981)
  • U.S. District Court, District of Colorado~United States (2007)
  • Florida~United States (1980)
  • U.S. Court of Appeals, Fourth Circuit~United States (1980)
  • U.S. District Court, District of Maryland~United States (1980)

Education

  • University of Maryland (JD, with honors) (1979)
  • Yale University (BA) (1975)

Languages

  • English

Publications

  • Co-author, “Civil RICO Claims After Yegiazaryan v. Smagin: A New Litigation Tool for Chapter 15 Foreign Representatives in the United States?,” INSOL World Fourth Quarter 2023, December 2023 (with Nicholas Kennedy and Alexander Burch)

  • Co-author, “OAS Group: A Tale of Two Chapter 15 Cases in the United States,” INSOL World Fourth Quarter 2023, November 2023 (with Vitor Araujo)

  • Co-author, "When is an Entity an 'Instrumentality' of the State for Chapter 11 Eligibility?" The Bond Buyer, November 2018

  • Co-author, "Substantive Consolidation in United States Bankruptcy Cases," INSOL World, 2017

  • Co-author, "OAS Group: A Tale of Two Chapter 15 Cases in the United States," INSOL World, November 2015