Mark S. Goldstein

Mark S. Goldstein

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With a practice focusing on bankruptcy and commercial litigation, Mark S. Goldstein has represented hundreds of creditors, committees, trustees, and debtors, in cases under Chapters 7, 11, and 13 of the Bankruptcy Code. As Trustee’s counsel, he has represented estates in complex commercial fraud and directors and officers liability litigation, transfer avoidance actions, and claims allowance and subordination proceedings. As creditor’s counsel, he has protected and prosecuted his clients’ rights through the plan confirmation process, claims allowance process, and lift stay and lien ranking proceedings, and has defended them in transfer avoidance litigation. As debtor’s counsel, he has prepared and filed petitions under Chapters 7, 11, and 13, represented a wide range of debtors-in-possession, and has extensive experience representing both business and consumer Chapter 7 debtors in every phase of those proceedings.

Mark S. Goldstein is a graduate of the University of Michigan Law School (Class of ’79) and holds joint degrees in Law (Juris Doctor) and Public Policy Studies (Master of Public Policy). He enjoys Martindale Hubbell’s highest rating (AV), and has been practicing law in state and federal courts in Louisiana since 1981. From 1989 through 2003, he was the supervisor of Tulane Law School’s Consumer and Foreclosure Advice Clinic.

Mr. Goldstein has been invited to speak at numerous continuing legal education programs, and has presented materials on the treatment and dischargeability of income tax liability, tax attributes, the treatment of community property in bankruptcy, and individual Chapter 11 reorganizations.

Cases of note include:

In re COPsync, Inc., (Chapter 11), No. 17-12625, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein serves as defense counsel for a former officer in post-confirmation securities and directors and officers litigation brought by the Liquidating Trustee.

In re Ernest A. Vicknair, Jr., (Chapter 11), No. 17-11059, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein serves as the post-confirmation Disbursing Agent’s special counsel to pursue certain transfer avoidance claims.

In re FoodServiceWarehouse.Com, LLC, (Chapter 11 converted to Chapter 7), No. 16-11179, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein serves as Special Counsel to the Chapter 7 Trustee in pending litigation against the Debtor’s former accountants, and obtained a favorable recovery against the Debtor’s managers, officers, and D&O insurer after pre-litigation mediation.

In re DLN Properties, Ltd., (Chapter 11), No. 15-12993, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein served as counsel for the Debtor’s principal’s former spouse. See reported decision at 2018 WL 31096, 65 BCD 218 (E.D. La. 2018), where the District Court reversed the dismissal of the former spouse’s action for injunctive relief, held that an ostensible secured creditor’s mortgage against estate property was a nullity due to insufficient evidence of corporate authority, and ordered the creditor to amend its proof of claim in accordance with Bankruptcy Rule 9011, notwithstanding that it had previously been deemed allowed by the confirmed Chapter 11 plan.

In re JFK Capital Holdings, LLC, (Chapter 7), No. 15-11084, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein represented the Trustee. See reported decision at 880 F.3d 747 (5th Cir. 2018), where in a case of first impression the Fifth Circuit held that Chapter 7 trustees’ statutory fees are presumptively reasonable.

In re 800 Bourbon Street, LLC and In re Louisiana Interests, Inc., (Chapter 11), Nos. 14-12770 and 14-12772, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein is representing the Reorganized Debtors in post-confirmation litigation against a former corporate officer and in litigation against a certain creditor with respect to its claim and the contested allocation of sale proceeds.

In re ATP Oil & Gas Corporation, (Chapter 7), No. 12-36187, U.S.B.C., Southern District of Texas, Houston Division, where Mr. Goldstein represented and negotiated a favorable settlement for a creditor in preference avoidance matter, dealing with the validity, ranking, and amount of the creditor’s lien on off-shore wells, in addition to asserting new value and ordinary course defenses.

In re Abbott Simses, APLC, (Chapter 7), No. 10-14677, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein represented former employees of the Debtor in multi-party litigation against the Debtor’s majority owner and its accountants.

In re Quebecor World (USA), et al, (Chapter 11), No. 08-10152, U.S.B.C., Southern District of New York, where Mr. Goldstein represented a preference claim defendant, successfully asserting its inchoate lien defense.

In re Phoenix Associates Land Syndicate, Inc., (Chapter 11 converted to Chapter 7), No. 09-11743, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein served as Trustee’s general counsel, and as special counsel on certain fraud and transfer avoidance litigation, recovering over 1.2 million dollars for the estate. See reported decisions at 517 B.R. 647 (E.D. La. 2014), 2103 WL 4048979 (E.D. La.), 2012 WL 3310017 (E.D. La.), 2011 WL 1337294 (Bkrtcy. E.D. La.), and 2010 WL 3945538 (Bkrtcy. E.D. La.).

In re Dagwood’s Sandwich Shoppe, L.L.C., (Chapter 11 converted to Chapter 7), No. 08-10725, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein served as general counsel for the Official Committee of Unsecured Creditors, special counsel for the Committee, and then special counsel for the Chapter 7 Trustee, in directors’ and officers’ liability and transfer avoidance litigation against certain of the debtor’s managers and officers (recovering 2.1 million dollars for the estate), and as counsel for the Trustee in claims allowance proceedings.

In re JMJ Properties, L.L.C., (Chapter 11 cases), No. 07-10638, and In re Wade T. Verges, No. 03-19676 U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein served as creditors’ counsel.

In re Fortune Natural Resources Corporation, Chapter 11, No. 04-14112, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein served as counsel for the debtor-in-possession. See reported decision at 350 B.R. 270 (Bkrtcy. E.D. La 2005).

In re Actel Integrated Communication, Inc., (Chapter 11 converted to Chapter 7), No. 01-12901, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein served as general counsel to the Trustee, and as his special counsel to pursue avoidance of preferential transfers, claims subordination, and commercial fraud claims, collecting over 20 million dollars for the estate. See reported decisions at 2004 WL 515769 (E.D. La.) and 2003 WL 22717765 (E.D. La.).

In re Charis Hospital, LLC, No. 01-10616, (Chapter 11 converted to Chapter 7), U.S.B.C., Middle District of Louisiana, where Mr. Goldstein represented the Chapter 7 trustee in claims against the Chapter 11 estate’s special counsel for professional liability, and against the debtor’s post-confirmation (and pre-conversion) liquidator.

In re Louis J. Provenza, No. 00-11830, (Chapter 11 converted to Chapter 7), U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein represented a former spouse, as creditor. See reported decisions at 82 Fed. Appx. 101, 2003 WL 22477888 (5thCircuit), addressing conflicts of law question impacting on the extent that co-owned real estate was property of the estate; and 316 B.R. 177 (Bkrtcy. E.D. La. 2003), affirmed at 132 Fed.Appx. 21, 2005 WL 1170446 (5th Cir., 2005), upholding Bankruptcy Court’s finding of Debtor’s breach of fiduciary duties and fraud.

In re Poydras Manor, Inc., (Chapter 11), No. No. 97-14978, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein represented the debtor-in-possession, which confirmed and consummated a liquidating Chapter 11 plan. See reported decision at 242 B.R. 603 (Bkrtcy. E.D. La. 2000), where the Bankruptcy Court overruled the IRS’s objection to plan provision allocating first tax payments to the trust fund portion.

In re Carl Kaufman, (Chapter 7), No. 94-12658, U.S.B.C., Eastern District of Louisiana, where Mr. Goldstein represented the Trustee in preference litigation against judgment creditor. See reported opinion at 187 B.R. 167 (Bkrtcy. E.D. La. 1995), where the Bankruptcy Court held that the date of the transfer for purposes of 11 U.S.C. § 547 was the date the debtor’s wages were withheld pursuant to a garnishment order, and not the date that those funds were delivered to the creditor.

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