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People
Mark Maloney has extensive experience in financial restructuring and insolvency matters. As a partner in our Financial Restructuring practice, Mark represents a broad range of clients in Chapter 11 bankruptcy cases and insolvency proceedings.
Mark represents debtors, official committees, secured and unsecured creditors, and other parties in interest in major Chapter 11 bankruptcy cases and other insolvency proceedings. He has a national practice and has represented financial restructuring clients in 24 states and the District of Columbia.
In addition, Mark represents litigants in contested matters, adversary proceedings and other bankruptcy and insolvency litigation involving creditors' rights, lender liability and alter ego liability. He is experienced in general commercial and tax litigation, and is admitted to both the U.S. Court of Federal Claims and the U.S. Tax Court. Mark served previously as Co-chair of the Litigation Committee of the American Bankruptcy Institute, and was Co-chair and faculty member for the Institute's Bankruptcy Litigation Skills program for 12 years.
A frequent lecturer on bankruptcy topics, Mark has been recognized as a leading bankruptcy lawyer in Chambers USA, The Best Lawyers in America, Legal 500survey of leading lawyers, The Deal magazine’s list of top bankruptcy lawyers, Atlanta Magazine’s list of Georgia Super Lawyers, and Georgia Trend magazine’s Legal Elite.
Mark is a Fellow in the American College of Bankruptcy. He is also a Director of the American Bankruptcy Institute, and a Director and Program Chair of the Southeastern Bankruptcy Law Institute. He served previously as Chair of the Georgia State Bar Bankruptcy Section. He is also a Master of the Bench and Membership Co-chair of the Honorable Homer Drake Bankruptcy Inn of Court.
Credentials
J.D., Washington and Lee University, magna cum laude
B.B.A., University of Mississippi, cum laude
Georgia
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Federal Claims
U.S. District Court for the Middle District of Georgia
U.S. District Court for the Northern District of Georgia
U.S. Tax Court
Law Clerk, Hon. Rhesa H. Barksdale, U.S. Court of Appeals for the Fifth Circuit
Atlanta Bar Association
State Bar of Georgia
Close
Recognition
Lawdragon 500 Leading U.S. Bankruptcy and Restructuring Lawyers
Lawdragon , 2020
Leading Bankruptcy Lawyer
Chambers USA, 2020
Leading Bankruptcy Lawyer
The Best Lawyers in America
Atlanta Bankruptcy Lawyer of the Year 2018
The Best Lawyers in America
Leading Bankruptcy Lawyer
Legal 500
Top Bankruptcy Lawyer
The Deal
Georgia Super Lawyers
Atlanta Magazine
Legal Elite
Georgia Trend
News
Recognition
August 21, 2020
The Best Lawyers in America Recognizes 128 King & Spalding Lawyers in its 2021 Guide
Recognition
April 24, 2020
King & Spalding Earns Top Rankings in Chambers USA 2020 Guide
In the News · Source: Daily Report and Global Legal Chronicle
Matters
Representing AstroTurf, LLC as debtor in possession in its Chapter 11 bankruptcy case, including its successful completion of a contested asset sale and approval of a contested settlement upon which the sale was conditioned.
Representing Imperial Tobacco Canada Limited in its defense of a multibillion dollar 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. ).
See more
Close
Matters
Representing AstroTurf, LLC as debtor in possession in its Chapter 11 bankruptcy case, including its successful completion of a contested asset sale and approval of a contested settlement upon which the sale was conditioned.
Representing Imperial Tobacco Canada Limited in its defense of a multibillion dollar 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 UK 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.).
Insights
Article · Source: Pratt's Journal of Bankruptcy Law
June 1, 2020
The Mouse That Roared: U.S. Supreme Court's Unanimous Ruling May Limit Application of Federal Common Law
Client Alert
February 27, 2020
Still The Least Dangerous Branch: Supreme Court Unanimously Rules That Federal Common Law Does Not Govern Corporate Tax Refund Distribution
Client Alert
February 28, 2018
Supreme Court Denies “Safe Harbor” Protection for Transfers Where Financial Institutions Are Mere Conduits
News
Recognition
August 21, 2020
The Best Lawyers in America Recognizes 128 King & Spalding Lawyers in its 2021 Guide
Recognition
April 24, 2020
King & Spalding Earns Top Rankings in Chambers USA 2020 Guide
In the News · Source: Daily Report and Global Legal Chronicle
Matters
Representing AstroTurf, LLC as debtor in possession in its Chapter 11 bankruptcy case, including its successful completion of a contested asset sale and approval of a contested settlement upon which the sale was conditioned.
Representing Imperial Tobacco Canada Limited in its defense of a multibillion dollar 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. ).
See more
Close
Matters
Representing AstroTurf, LLC as debtor in possession in its Chapter 11 bankruptcy case, including its successful completion of a contested asset sale and approval of a contested settlement upon which the sale was conditioned.
Representing Imperial Tobacco Canada Limited in its defense of a multibillion dollar 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 UK 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.).
Insights
Article · Source: Pratt's Journal of Bankruptcy Law
June 1, 2020
The Mouse That Roared: U.S. Supreme Court's Unanimous Ruling May Limit Application of Federal Common Law
Client Alert
February 27, 2020
Still The Least Dangerous Branch: Supreme Court Unanimously Rules That Federal Common Law Does Not Govern Corporate Tax Refund Distribution
Client Alert
February 28, 2018
Supreme Court Denies “Safe Harbor” Protection for Transfers Where Financial Institutions Are Mere Conduits
News
Recognition
August 21, 2020
The Best Lawyers in America Recognizes 128 King & Spalding Lawyers in its 2021 Guide
Recognition
April 24, 2020
King & Spalding Earns Top Rankings in Chambers USA 2020 Guide
In the News · Source: Daily Report and Global Legal Chronicle
Credentials
J.D., Washington and Lee University, magna cum laude
B.B.A., University of Mississippi, cum laude
Georgia
U.S. Court of Appeals for the Eleventh Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Federal Claims
U.S. District Court for the Middle District of Georgia
U.S. District Court for the Northern District of Georgia
U.S. Tax Court
Law Clerk, Hon. Rhesa H. Barksdale, U.S. Court of Appeals for the Fifth Circuit
Atlanta Bar Association
State Bar of Georgia
Close
Recognition
Lawdragon 500 Leading U.S. Bankruptcy and Restructuring Lawyers
Lawdragon , 2020
Leading Bankruptcy Lawyer
Chambers USA, 2020
Leading Bankruptcy Lawyer
The Best Lawyers in America
Atlanta Bankruptcy Lawyer of the Year 2018
The Best Lawyers in America
Leading Bankruptcy Lawyer
Legal 500
Top Bankruptcy Lawyer
The Deal
Georgia Super Lawyers
Atlanta Magazine
Legal Elite
Georgia Trend