Mark S. Kaufman
Concentrating in the representations of secured creditors, lenders, investors, and committees, Mark Kaufman has also represented debtors in significant Chapter 11 cases, including as lead counsel of one of the nation’s most significant utility bankruptcies.
As co-chair of the firm’s Municipal Reform & Innovation practice, Mr. Kaufman also advises financially distressed municipalities, special purpose districts and related government entities, including the advantages and disadvantages associated with filing for Chapter 9 bankruptcy. Mr. Kaufman served as lead counsel to the Governor-appointed Receiver to the City of Harrisburg, PA.
Mr. Kaufman has served as President of the Bankruptcy Section of the Atlanta Bar Association and is a Director and recently served as Chairman and President of the Southeastern Bankruptcy Law Institute in 2007 and 2008 respectively. He also chaired Georgia's Bankruptcy Bench and Bar Conference.
Mr. Kaufman has participated in Leadership Georgia, served as a member of the Georgia Citizens Conference on the Judiciary and chaired several committees of the Atlanta Bar Association, including a task force to evaluate the performance of the Atlanta Municipal Court.
Mr. Kaufman has received several recognitions, including being named to the 2006 through the current 2013 Editions of Best Lawyers in America, where he is featured for bankruptcy and creditors’ rights law. Mr. Kaufman received Mid-Market Restructuring Lawyer of the Year from Global M&A Network and is listed as one of the Top 100 Restructuring and Turnaround Professionals Worldwide. Mr. Kaufman has also been recognized as one of only 170 U.S. based lawyers to have a biography in the 2013 Edition of the International Who's Who of Insolvency and Restructuring Lawyers. Chambers USA has included him (from 2003-current) in their Client’s Guide to America’s Leading Lawyers for Business, recognizing Mr. Kaufman’s achievements in its bankruptcy and creditors’ rights section. In 2013, Mr. Kaufman was ranked by Chambers USA as one of Georgia's leading lawyers for bankruptcy and restructuring. Mr. Kaufman is also listed in the 2013 Edition of Who’s Who in America and the 2013 Edition of Who's Who in the World.
Mr. Kaufman has frequently spoken nationally to bar and key financial and municipal governance groups on municipal distress, Chapter 9 and related restructuring topics.
- J.D., Harvard Law School, cum laude, 1973
- B.S., Cornell University, with high distinction, 1969
- 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 Ninth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- "The Looming Chapter 9 Battle Over State Protection of Vested Public Employee Pension Benefits," The ABI Journal, November 1, 2013.
- "Maybe Taxes Aren't So Certain", ABI Journal, (February 2013).
- Understanding the Chapter 9 Option: A Strategic Guide for Municipalities and Special Purpose Districts.
- 10 Considerations for Financially Distressed Local Governments and Public Authorities.
Seminars and Presentations:
- "Negotiating Settlements Outside of Chapter 9," The Bond Buyer's Municipal Distress, Recovery and Financial Sustainability Symposium," May 1, 2014.
- "Municipal Meltdown: Emergency Managers, Receiverships and Other State Law Options for Addressing Municipal Distress," American Bankruptcy Institute's Annual meeting, April 26, 2014.
- "Pensions and Other Hot Topics in Chapter 9 Cases," Bankruptcy and Beyond: Solving the Problem of Municipal Financial Distress, Widener University School of Law, April 14, 2014.
- “Bankruptcy: What Could It Mean for Detroit? Voices From Other Places,” Wayne State University, November 21, 2013.
- ”Municipal Insolvencies in the Wake of Detroit: Navigating Chapter 9 and Out-of-Court Restructurings,” CLE Webinar, November 21, 2013.
- Interview: The Art of the Harrisburg Deal, The Bond Buyer, November 18, 2013.
- "Financial Distress Conditions: Different Approaches," Bloomberg State & Municipal Finance Conference, November 6, 2013.
"I'll See You in Court: The Latest on Municipal Bankruptcy and Fiscal Distress," Bond Buyer's California Public Finance Conference, September 27, 2013.
- Interview: Bloomberg Television "Bottom Line" Program, August 19, 2013.
- "How Courts / State Governments Will Shape the New Municipal Landscape for Public Finances," City State's State of Emergency: A Policy Forum on Distressed Local Governments in New York, June 20, 2013.
- “Mapping a Course through the Maze of Municipal Distress,” Orange County Bankruptcy Forum, May 30, 2013.
- Emory Bankruptcy Developments Journal Symposium on Municipal Distress, February 28, 2013 (published in Vol. 29, Issue 2, at 334-357).
- “Is Distress the New Normal? - U.S. Municipal Distress and the U.S. Municipal Bond Market,” IWIRC's 19th Annual Fall International Conference, October 24, 2012.
- "Bankruptcy, Restructuring and the Road Back," Bloomberg State & Municipal Finance 2012, October 3, 2012.
- “Municipal Insolvency: The Next Wave of Bankruptcies,” Strafford Webinar, July 17, 2012 and November 21, 2013.
- “Critical Considerations When Representing Parties in a Municipal Distress Matter," Turnaround Management Association’s 2012 Spring Conference, April 3, 2012.
- Guest lecturer at Harvard’s Kennedy School of Government on municipal financial distress