Mark I. Fishman

Principal

195 Church Street, 13th Floor, New Haven, CT 06510

Phone: 203.821.2000 | Fax: 203.821.2009

Practice Areas

Education

Harvard Law School, J.D.
Harvard College, B.A., magna cum laude

Mark I. Fishman practices in the areas of bankruptcy law, debtor-and-creditor, healthcare insolvency and related litigation. He represents debtors, creditors’ committees, trustees, bondholders, purchasers, and landlords. In addition, he represents parties to litigation in both bankruptcy courts and other courts.

Following graduation from Harvard Law School he clerked with the Supreme Judicial Court of Massachusetts. Mark then joined Sullivan & Cromwell in New York City, where he practiced corporate and commercial litigation until 1978. He began practicing law in Connecticut shortly thereafter, placing greater emphasis on bankruptcy law and related matters.

American Bankruptcy Institute
Advisory Committee to State Law Revision Commission on Repeal of Article 6 of the Uniform Commercial Code, 1990
Connecticut Bar Association
- Commercial Law & Bankruptcy Executive Committee, Member, 1998-present
Greater Bridgeport Bar Association, Commercial Law Committee, Chairman, 1997-1998
Regional Bar Association Bankruptcy Committee, Co-Chairman, 2002-2003

Martindale-Hubbell AV Preeminent
Connecticut Super Lawyers 2008-2010

PRIMER – Connecticut (Promoting Responsibility in Middle East Reporting), President, 2012-Present
Jewish Community Foundation, Board Member, 2004-2011
United Way of Eastern Fairfield County, Professionals Division, Chairman, 1989

Operating Chapter 11 Trustee and counsel in Cuisinarts, Inc., in which unsecured creditors, who had been expected to receive no distribution, received $0.54 per dollar of claim after expedited going-concern sale of debtor’s business. Found by the Court, with his chief operating officer, to have “efficiently and expertly operated the debtor’s business,” 115 B.R. 744, 748.
Chapter 11 Trustee of Highgate LTC Management, LLC and Highgate Manor Group, LLC in the Northern District of New York in a case involving four nursing homes and a debtor which was convicted of fraud. Successfully sold the facilities as a going concern and confirmed a liquidating plan.
Debtor’s lead counsel in the New Jersey Chapter 11 case of Whitestone Products, Inc., which was a national manufacturer of adult incontinence products, assisting the debtor in consolidating its three manufacturing facilities and selling its business within four months after petition.
Counsel to Creditors’ Committee of Affinity Health Care Management, Inc. and affiliated debtors in the District of Connecticut, culminating in confirmed plan of reorganization and successful avoidance litigation, 499 B.R. 246.
Operating Chapter 11 Trustee in Northeastern Conference Nursing Home, Inc., d/b/a Victory Lake Nursing Center, in the Southern District of New York, selling the facility as a going concern pursuant to a confirmed plan.
Bankruptcy counsel to successful purchaser of The Jewish Home for the Aged in the District of Connecticut.
Representation of operating Chapter 11 Trustee of Edal Industries, Inc. in Connecticut, resulting in confirmed consensual plan.
Counsel to Creditors’ Committee of Post Tool, Inc., a chain of California retail stores, in the District of Massachusetts.
Co-Counsel to Creditors’ Committee of Spring Air Partners in the Southern District of New York, leading to confirmed plan paying unsecured creditors approximately eight times the amount originally offered.
Counsel to Patient Care Ombudsman in Saint Vincent’s Catholic Medical Centers of New York, Sound Shore Medical Center of Westchester, Caritas Health Care, Our Lady of Mercy Medical Center, St. Mary’s Hospital (Passaic, NJ), Hudson Healthcare, d/b/a Hoboken University Medical Center, and various other cases in the Eastern and Southern Districts of New York and the Districts of New Jersey, Delaware and Nevada.
Co-counsel to Creditors Committee of Haven Eldercare and 24 affiliated nursing homes in the District of Connecticut.

Biography

Professional Memberships

American Bankruptcy Institute
Advisory Committee to State Law Revision Commission on Repeal of Article 6 of the Uniform Commercial Code, 1990
Connecticut Bar Association
- Commercial Law & Bankruptcy Executive Committee, Member, 1998-present
Greater Bridgeport Bar Association, Commercial Law Committee, Chairman, 1997-1998
Regional Bar Association Bankruptcy Committee, Co-Chairman, 2002-2003

Honors & Awards

Martindale-Hubbell AV Preeminent
Connecticut Super Lawyers 2008-2010

Community

PRIMER – Connecticut (Promoting Responsibility in Middle East Reporting), President, 2012-Present
Jewish Community Foundation, Board Member, 2004-2011
United Way of Eastern Fairfield County, Professionals Division, Chairman, 1989

Representative Cases

Operating Chapter 11 Trustee and counsel in Cuisinarts, Inc., in which unsecured creditors, who had been expected to receive no distribution, received $0.54 per dollar of claim after expedited going-concern sale of debtor’s business. Found by the Court, with his chief operating officer, to have “efficiently and expertly operated the debtor’s business,” 115 B.R. 744, 748.
Chapter 11 Trustee of Highgate LTC Management, LLC and Highgate Manor Group, LLC in the Northern District of New York in a case involving four nursing homes and a debtor which was convicted of fraud. Successfully sold the facilities as a going concern and confirmed a liquidating plan.
Debtor’s lead counsel in the New Jersey Chapter 11 case of Whitestone Products, Inc., which was a national manufacturer of adult incontinence products, assisting the debtor in consolidating its three manufacturing facilities and selling its business within four months after petition.
Counsel to Creditors’ Committee of Affinity Health Care Management, Inc. and affiliated debtors in the District of Connecticut, culminating in confirmed plan of reorganization and successful avoidance litigation, 499 B.R. 246.
Operating Chapter 11 Trustee in Northeastern Conference Nursing Home, Inc., d/b/a Victory Lake Nursing Center, in the Southern District of New York, selling the facility as a going concern pursuant to a confirmed plan.
Bankruptcy counsel to successful purchaser of The Jewish Home for the Aged in the District of Connecticut.
Representation of operating Chapter 11 Trustee of Edal Industries, Inc. in Connecticut, resulting in confirmed consensual plan.
Counsel to Creditors’ Committee of Post Tool, Inc., a chain of California retail stores, in the District of Massachusetts.
Co-Counsel to Creditors’ Committee of Spring Air Partners in the Southern District of New York, leading to confirmed plan paying unsecured creditors approximately eight times the amount originally offered.
Counsel to Patient Care Ombudsman in Saint Vincent’s Catholic Medical Centers of New York, Sound Shore Medical Center of Westchester, Caritas Health Care, Our Lady of Mercy Medical Center, St. Mary’s Hospital (Passaic, NJ), Hudson Healthcare, d/b/a Hoboken University Medical Center, and various other cases in the Eastern and Southern Districts of New York and the Districts of New Jersey, Delaware and Nevada.
Co-counsel to Creditors Committee of Haven Eldercare and 24 affiliated nursing homes in the District of Connecticut.

Bar Admissions

Connecticut
New York
Massachusetts
U.S. District Court, District of Connecticut
U.S. District Court, Northern District of New York
U.S. District Court, Southern and Eastern Districts of New York
U.S. District Court, District of Massachusetts
U.S. Court of Appeals, 2nd Circuit
U.S. Supreme Court
U.S. Tax Court