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 involving both small and large businesses. Mr. Weisenmiller also has an extensive appellate practice for both bankruptcy and civil 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 appellate judges. During law school, he served as a law clerk at Kajioka & Associates where he drafted pleadings, motions, discovery requests, and research memorandum for civil litigation and criminal matters.

Mr. Weisenmiller also served as a judicial extern for the Honorable Mike N. Nakagawa in the United States Bankruptcy Court for the District of Nevada and the Honorable Mark R. Denton in the Eight Judicial District Court-Business Court during law school.

Representative Experience

  • Assisted Ahern in its successful Chapter 11 restructuring, effectively guiding the company through contentious litigation with the company’s lenders. Ahern obtained confirmation of its plan, allowing for the restructuring of more than $650 million in debt, payment in full of unsecured creditors, and the retention of ownership by the Ahern family.
  • Assisted 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 complex negotiations involving multiple constituencies with billions of dollars in claims and cross-claims, the mechanic’s lien claimants recovered over $85 million.
  • Assisted Mountain Shadows Golf Club and the shuttered Mountain Shadows 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, Mountain Shadows 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 Mountain Shadows Resort.
  • Assisted Majestic Gaming’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 Jerry’s Nugget 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 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 involuntary proceedings.
  • Represented single asset real estate debtors in all aspects of Chapter 11 bankruptcy proceedings including defending claims for stay relief, confirming plans of reorganization, and selling assets pursuant to the Bankruptcy Code.
  • Represented real estate developer in Chapter 11 bankruptcy proceedings, litigated creditor’s motion for appointment of a Chapter 11 trustee and claims of fraudulent conveyance, resulting in settlement that allowed restructuring of obligations and retention of ownership by equity.
  • Represented various types of creditors in Chapter 7, Chapter 11, and Chapter 13 proceedings, including lift stay motions, nondischargeability actions, and confirmation objections.
  • Represented consumer debtors in Chapter 7 cases.

Distinctions

While in law school, Mr. Weisenmiller received a Community Service Top Student Award in the summer of 2008 and was a student attorney in the spring of 2010 for the Thomas & Mack Legal Clinic. While pursuing his master’s degree, he was on the Dean’s List and received a Scholar Athlete Award.

  • Nevada Business: Legal Elite, Best Up and Coming Attorney, 2017

Affiliations

  • State Bar of Nevada, Member
  • American Bankruptcy Institute, Member
  • Southern Nevada Association of Bankruptcy Attorneys, 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