Mark M. Weisenmiller

Mark M. Weisenmiller

< Back to Our professionals

Bio

Mr. Weisenmiller is an attorney in the firm’s Business Restructuring & Bankruptcy Department. His primary practice is corporate restructuring and complex insolvency, bankruptcy litigation, including nondischargeability proceedings, federal and state fraudulent transfer and preference litigation, and collections involving domestic and offshore trusts and similar asset protection devices. Mr. Weisenmiller also has an extensive appellate practice for bankruptcy matters.

Prior to joining the firm, Mr. Weisenmiller worked as a judicial law clerk in the United States Bankruptcy Court for the District of Nevada, conducting legal research and drafting pre-argument memorandum and memorandum decisions for several bankruptcy and bankruptcy appellate panel judges.

Mr. Weisenmiller also served as a judicial extern for the Honorable Mark R. Denton in the Eight Judicial District Court-Business Court in Nevada during law school.

Representative Experience

  • Represented retail, construction, and equipment rental debtors in successful Chapter 11 restructurings and liquidations. For instance, Mr. Weisenmiller assisted in the representation of an equipment rental company in its successful Chapter 11 restructuring, effectively guiding the company through contentious litigation with the company’s lenders, obtained confirmation of its plan of reorganization, allowing for the restructuring of more than $650 million in debt, payment in full of unsecured creditors, and the retention of ownership by the founding family.
  • Represented hotel/casino, condominium, and apartment debtors in their successful Chapter 11 reorganizations. For example, Mr. Weisenmiller assisted in the representation of a Las Vegas area casino in its Chapter 11 bankruptcy proceeding, resulting in confirmation of a plan of reorganization, which allowed retention of existing ownership and providing for debt restructuring.
  • Represented real estate developers in successful Chapter 11 reorganizations, including restructuring of golf course and masterplan communities. Mr. Weisenmiller assisted in the representation of an Arizona golf club and the shuttered resort in their Chapter 11 reorganizations in Arizona, successfully defeating early attempts by the secured creditor to dismiss the cases, for relief from the automatic stay, and to oppose interim financing, along with significant opposition from other creditors and parties ranging from dissenting homeowners to the township. Through extensive negotiations with creditors, debtors successfully confirmed a plan of reorganization that paid all creditors in full, allowed equity to retain ownership, and obtained all necessary approvals for development, paving the way for the reorganized debtor to break ground on the revitalization of the resort
  • Represented debtors and creditors in all aspects of Chapter 11 reorganization involving single asset real estate and small business debtors, including claims for stay relief, claims objections, confirming plans of reorganization, and the sale of assets.
  • Represented mechanics and materialmen lien claimants in large hotel/casino Chapter 7 liquidation. Mr. Weisenmiller assisted in the representation of statutory lienholders owed in excess of $300 million in Fontainebleau’s bankruptcy proceeding in the United States Bankruptcy Court in Florida, successfully litigated numerous bankruptcy and state law issues on behalf of the ad hoc committee of mechanic’s lien claimants at every level of federal court and, by referral, the Nevada Supreme Court. In the complex litigation and negotiations involving multiple constituencies with billions of dollars in claims and crossclaims, the mechanic’s lien claimants recovered over $85 million.
  • Represented gaming company principal in avoidance litigation. Mr. Weisenmiller assisted in the representation of a gaming company’s principal in avoidance litigation and other actions brought in bankruptcy court in Delaware, and before the Third Circuit Court of Appeals, resulting in a precedential decision regarding property of a bankruptcy estate.
  • Represented trustees, debtors, lenders and vendors in fraudulent transfer and preference actions under both federal and state law. For instance, Mr. Weisenmiller represented an international lender in fraudulent transfer action under both federal and state law resulting in dismissal of all claims against the lender.
  • Represented petitioning creditors in all aspects of involuntary bankruptcy proceedings and related appeals.
  • Represented debtors and creditors in nondischargeability proceedings under both 11 U.S.C. §§ 523 and 727.
  • Represented Chapter 7 and 11 trustees.
  • Represented liquidating trustees
  • Represented various types of creditors in Chapter 7, Chapter 11, and Chapter 13 proceedings, including lift stay motions, Bankruptcy Rule 2004 examinations and depositions, claim objection proceedings, nondischargeability actions, confirmation objections, and avoidance actions under federal and state law.
  • Represented parties in appeals before the Nevada District Court, the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals, and the Ninth Circuit Court of Appeals involving various issues including nondischargeability of debt, involuntary bankruptcy proceedings, issue and claim preclusion, post-petition and default interest, and claims objections

Distinctions

  • Nevada Business: Legal Elite, Southern Nevada Top Attorneys in 2017, 2018, & 2019 for Complex Insolvency, Business Restructuring and Bankruptcy
  • Best Lawyers® 2020 & 2021 for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law

Affiliations

  • State Bar of Nevada, Member
  • American Bankruptcy Institute, Member
  • Southern Nevada Association of Bankruptcy Attorneys, Member
  • United States Bankruptcy Court District of Nevada Local Rules Committee – Chapter 11 Subcommittee 2014 & 2019
  • Phi Alpha Delta, a Professional Law Fraternity, Former Law School Chapter Social Chair
  • William S. Boyd School of Law, UNLV, Alumni Board (former board member)

Bar Admissions

  • Nevada, 2010

Education

  • J.D., University of Nevada, Las Vegas William S. Boyd School of Law, 2010
  • M.A. Teaching Social Studies, Concordia University, Portland, Oregon, 2003
  • B.A. Interdisciplinary Studies, Concordia University, Portland, Oregon, 2002

Court Admissions

  • U.S. District Court, Nevada, 2013

Publications

  • Co-Author, “Dangers Facing a Trademark Licensee When the Licensor Seeks Bankruptcy Protection and Strategies to Minimize the Risk,” Communique, March 2015