FacultyFaculty/Author Profile

Mark A. Berkoff

Neal, Gerber & Eisenberg LLP

Chicago, IL, USA


Mark A. Berkoff chairs Neal Gerber Eisenberg's Financial Restructuring and Bankruptcy Practice Group. He regularly represents debtors and creditors' committees in complex commercial Chapter 11 cases in diverse industries (such as media, steel, bank holding companies, automotive, office products, promotional products, retail, metal fabricating, single asset real estate cases, consumer lending, food service and medical). He has handled all aspects of the Chapter 11 proceeding from pre-bankruptcy planning through plan confirmation and post-confirmation matters.

Mark is experienced in business reorganizations/restructurings, out-of-court compositions and workouts. He also represents secured creditors in Chapter 11 proceedings, buyers of assets in and outside of Bankruptcy Court; insurance companies in collecting unpaid pre-petition and post-petition workers' compensation premiums as administrative and/or priority claims; landlords, directors and officers and trustees. He also has prosecuted and defended involuntary petitions in  bankruptcy, represented assignees, handled assignments for the benefit of creditors and prosecuted and defended hundreds of preference cases.

Mark is recognized in Chambers USA: America's Leading Lawyers for Business as one of the country's leading bankruptcy and insolvency lawyers. Clients call him "simply a great lawyer, with an "impressive understanding of how to best get a deal done. He has been designated an Illinois Super Lawyer in 2005-2010. He is recognized in The Best Lawyers in America in the area of bankruptcy and creditor-debtor rights law. He is also listed in Who's Who in America and Who's Who in American Law.

Mark was named a Turnaround Management Association ("TMA") 2010 Mid-Size Transaction of the Year Award recipient. The award honors and recognizes professionals who led transactions that, according to the TMA, "rescued companies from the shadow of complete ruin.

Mark is a member of the Trial Bar of the U.S. District Court for the Northern District of Illinois and the American Bankruptcy Institute. He is also a member of the Turnaround Management Association. He served as the co-chairman of the Turnaround Management Association's Education Committee (2001-2003), served as the co-chairman of the Turnaround Management Association's Special Events Committee (2005) and as co-chairman of the Turnaround Management Association's Entertainment Committee (2009). He is also a co-chairman of the Corporate Donations Committee for the Make-A-Wish Foundation of Northern Illinois as well as general counsel to the Business Products Credit Association, Inc.

Mark earned his J.D. from the University of Chicago in 1986. In 1983, he graduated, with honors and distinction, Phi Beta Kappa, from the University of Wisconsin-Madison with a B.A.

Mark is admitted to the Illinois bar and is also admitted to practice before the U.S. District Court for the Northern District of Illinois, the U.S. District Court for the Northern District of Indiana and the U.S. Court of Appeals for the Seventh Circuit.

Mark co-authored a chapter entitled "Executory Contracts and Unexpired Leases" in the 2006 edition of the Illinois Institute for Continuing Legal Education ("IICLE") book on Business Bankruptcy Practice. He authored "LESSEE BEWARE: Bankruptcy Code 363 Asset Sales May Be Traps for the Unwary", published in Morris Anderson & Associates Ltd. Renaissance Newsletter September 2004; was the contributing author of "2002 Bankruptcy Law Update," Aspen Law and Business; and was the co-author of "Salvaging a Troubled Franchisee-Non-Bankruptcy Approach, (FranCast, April 2000). Mark has written articles that have appeared in publications for the Business Products Credit Association and for Financial Executives International.

Mark has given the following presentations: "Pension and Legacy: New Laws and Old Obligations," Panelist (June 2007); "Perilous Changes in the Legal Landscape: Leading Experts Explain the New Rules of Electronic Discovery," Panelist (June 2007); "What They Don't Teach You In Law School," University of Chicago Law School Alumni Roundtable Series (April 2006); "Keys To Successful Acquisitions For Corporate Growth--Executing The Acquisition Strategy With Regards To Distressed Companies," Panelist (May 2005).; "Bankruptcy Abuse Prevention and Consumer Protection Act Of 2005 Will Have Impact On Business As Well As Consumer Bankruptcies," Presenter (April and May 2005).; "USA and Canadian Bankruptcies and Restructurings - What You Need To Know About The Differences", Presenter (February 2005); "What You Should Know About LLC Companies" and "The State Of The Law On Critical Vendor Issues," Presenter (May 2004); "Preference Litigation," Presenter (October 2003); "Buying, Selling And Advising Troubled Companies," Presenter (June 2003); "Who Wants To Be A Credit Expert?" Presenter (Multiple Dates); and American Bar Association's Subcommittee on Bankruptcy Crimes and Abuses of The Bankruptcy Process, Panelist (National Conference Of Bankruptcy Judges, 1999).

Mark also has made numerous presentations to business associations, credit professionals, lenders, and attorneys in, among others, the following areas: Chapter 11 practice and procedure; participating on Chapter 11 Creditors' Committees; Alternatives to bankruptcy such as workouts, out-of-court composition agreements and assignments for the benefit of creditors; preference litigation; Section 363 sales and article 9 of the Uniform Commercial Code.

Bar Admissions
- Illinois

Courts
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Northern District of Indiana 
- U.S. Court of Appeals for the Seventh Circuit

Education
- University of Wisconsin - Madison (B.A., 1983) Phi Beta Kappa and with honors and distinction 
- University of Chicago (J.D., 1986)
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