Mark Maloney is a partner in the Atlanta office of King & Spalding and a member of the Financial Restructuring Practice Group. Mr. Maloney’s practice includes representation of a broad range of clients in financial restructuring and insolvency matters. He has represented debtors, official committees, secured and unsecured creditors, and other parties in interest in major Chapter 11 bankruptcy cases and other insolvency proceedings in over 20 states and the District of Columbia. He has been recognized as a leading bankruptcy lawyer in multiple publications including The Best Lawyers in America, The Legal 500 survey of leading lawyers, The Deal magazine’s list of top bankruptcy lawyers, Atlanta Magazine’s list of Georgia Super Lawyers, and GeorgiaTrend magazine’s Legal Elite.
Mr. Maloney is a Fellow in the American College of Bankruptcy, and is also a Board Member of the Southeastern Bankruptcy Law Institute. He is also a Board Member of the State Bar of Georgia’s Bankruptcy Section, for which he will serve as President in 2013-2014. He has served previously as Co-Chairman of the American Bankruptcy Institute’s Litigation Committee.
In addition to his frequent representation of secured creditors in workouts and Chapter 11 proceedings, Mr. Maloney’s practice focuses on representing litigants in contested matters, adversary proceedings and other litigation in significant Chapter 11 bankruptcy cases and insolvency proceedings involving creditors’ rights, lender liability, and alter ego liability, including:
- Representing Imperial Tobacco Canada Limited in its defense of a $525 million fraudulent conveyance and alter ego claim brought by the Chapter 11 debtor in In re The Flintkote Company (Bankr. De.)
- Representing the former corporate parent and other affiliated entities in connection with more than $180 million in claims brought by the liquidating trustee alleging alter ego, turnover, equitable subordination and preferential transfers in the Chapter 11 bankruptcy In re Durango-Georgia Paper Company, et al. (Bankr. S.D.Ga. )
- Representing a large financial institution in its defense of $40 million in lender liability claims brought by the committee of unsecured creditors in the Chapter 11 bankruptcy of Fedders North America, Inc. (Bankr. De.)
- Representing a group of regional vocational schools in connection with their defense of $80 million in fraudulent conveyance claims brought by the Chapter 7 trustee in In re Student Finance Corporation (Bankr. De.).
- Representing debtors, creditor committees and purchasers in multimillion dollar post-closing disputes concerning the sale of assets in the Chapter 11 cases In re SHC, Inc. (Bankr. Delaware); In re New Power Company, et al. (Bankr. N.D. Ga.), In re LTV Steel (Bankr. N.D. Ohio), and In re Peachtree Natural Gas, LLC (Bankr. N.D. Ga.)
- Representing the Canadian and U.S. subsidiaries of a multinational U.K. engineering company as defendants in a $475 million breach of contract and fraudulent conveyance lawsuit brought by the Chapter 7 Trustee in In re Hagerstown Fiber Limited Partnership (Bankr. S.D.N.Y.)
- Representing a national technology company in litigation opposing a $40 million purchase of the assets of a Chapter 11 debtor in In re DIVA Systems, Inc. (Bankr. N.D. Ca.)
- Representing a subsidiary of a Fortune 100 company, as secured creditor, in obtaining a federal court receiver to oversee the assets of Le Petit Bistro, Inc., a national restaurant chain. (N.D. Ga.)
- Representing the former parent and board of directors of a Chapter 11 debtor in a $40 million lawsuit alleging fraudulent conveyance, breach of fiduciary duty and alto ego liability in In re Gilbert & Bennett Manufacturing Company (Bankr. N.D. Ga.)
- Representing a Fortune 100 company in multiple contested lease assignments and acquisitions in In re Kmart, (Bankr. N.D. Ill.)
Mr. Maloney also has experience in general commercial litigation and tax litigation and is admitted in both the United States Court of Federal Claims and the United States Tax Court.
Mr. Maloney is a frequent lecturer on bankruptcy topics and serves as Co-Chairman and faculty member for the Annual Litigation Skills Symposium sponsored by the American Bankruptcy Institute. His publications include “Orix Credit Alliance, Inc. v. Delta Resources, Inc.- Poor Losers,” in the Annual Survey of Bankruptcy Law, “At Your Service: Deciphering the Amendments to the Service Rules,” in Bankruptcy Litigation, “Specific Personal Jurisdiction and the ‘Arise From or Related To’ Requirement…What Does It Mean?” in the Washington & Lee Law Review. Mr. Maloney is also a co-author of two Aspatore Books publications, including Inside the Minds: The Roles and Motivations of Key Players in Bankruptcy Cases, and Inside the Minds: Creditor Rights in Bankruptcy. He was also a contributing author of the West Group treatise Successful Partnering Between Inside and Outside Counsel. He has served previously as co-editor of Bankruptcy Litigation and as a member of the Advisory Board for the Annual Survey of Bankruptcy Law.
Mr. Maloney received his B.B.A., cum laude, in banking and finance from the University of Mississippi. He received his J.D., magna cum laude, from Washington & Lee University, where he was senior articles editor on the Washington & Lee Law Review. Prior to joining King & Spalding, Mr. Maloney served as law clerk to the Honorable Rhesa H. Barksdale, U.S. Court of Appeals, Fifth Circuit.