Mark has been with Shook since 1987 and has extensive experience in bankruptcy matters, consumer credit litigation and Uniform Commercial Code litigation. He represents debtors, creditors' committees and secured creditors in bankruptcy proceedings, and otherwise handles virtually all types of bankruptcy related matters. Mark has also defended several director and officer liability claims in bankruptcy. Mark also handles a variety of consumer litigation matters, including claims relating to the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and various other state consumer protection statutes. He further handles litigation involving lien priority disputes and other matters under the Uniform Commercial Code.
Mark has also acted in a supervisory role with respect to regional and national litigation. Mark has supervised a team of lawyers acting as regional counsel to one of the nation's largest retailers and providers of consumer credit on bankruptcy, collection and credit litigation issues. He has also served as regional counsel for a national automotive lender in bankruptcy and credit matters.
Representative Matters
BankruptcyRepresentation of bank syndicate owed $600 million in Chapter 11 of Fortune 500 wholesale and retail lumber supplier.
Representation of finance company holding $10 million in debt in Chapter 11 of trucking company.
Assisted owner and largest unsecured creditor in Chapter 11 proceeding of a horse-and-dog racing track.
Representation of creditors’ committee in Chapter 11 of printing company.
Counsel to Fortune 500 food processing company as debtor in largest Chapter 11 in history of Kansas.
Representation of furniture distributor as debtor in Chapter 11 liquidation.
Representation of bank in a $37-million preference action in bankruptcy proceeding.
Representation of former officers and directors of defense contractor in Chapter 11 breach of fiduciary duty action.
Representation of former officers and directors of farm supply co-op in Chapter 11 breach of fiduciary duty action.
Representation of former officers and directors of telecom company in Chapter 11 breach of fiduciary duty action.
Assisted electronics company in bid to assume retail lease of Chapter 11 estate.
Representation of major lessor in Chapter 11 of restaurant management company.
Representation of creditors’ committee in Chapter 11 of insurance company.
Representation of major drug company in Chapter 11 of one of its primary contract laboratories.
Representation of oil company in Chapter 11 of manufacturer.
Consumer Credit Litigation
Representation of credit union in defense of alleged Fair Credit Reporting Act violation.
Representation of payday lender in class action alleging violations of various consumer protection statutes.
Representation of national retailer in defense of Fair Debt Collection Practices Act claim.
Uniform Commercial Code Litigation
Representation of bank in lien priority dispute with cattle feedlot owners.
Representation of bank in action involving payment of forged checks.
Representation of paper supplier in priority dispute with secured creditor.
Representation of roofing supplier in rejection of purchased equipment.
Representation of general contractor in Uniform Commercial Code dispute with secured creditor over steel held by bankrupt subcontractor.
Publications and Presentations
Mark has lectured and written on numerous bankruptcy and Uniform Commercial Code related topics, including Employee Retirement Income Security Act-related claims in bankruptcy, treatment of mortgages in bankruptcy, retaining rights against sureties after release of debtors or collateral, the right to prepay commercial loans, and director and officer liability in the bankruptcy area.
Shook, Hardy & Bacon L.L.P Bankruptcy and Creditors’ Rights Newsletter.
Mark Moedritzer & Mike Zito, ACC NCR: Bankruptcy & Collections: Best Practices in Times of Economic Uncertainty, Association of Corporate Counsel CLE, June 14, 2023.
Mark Moedritzer & Kay C. Whittaker (Contributing Editors), Global Overview and United States, Enforcement of Foreign Judgments in 28 Jurisdictions Worldwide (Getting the Deal Through 2013).
Mark Moedritzer & Kay C. Whittaker (Contributing Editors), Global Overview and United States, Enforcement of Foreign Judgments in 28 Jurisdictions Worldwide (Getting the Deal Through 2012).
Mark Moedritzer, Kay C. Whittaker & Ariel Ye, Judgments ‘Made in China’ But Enforceable in the United States?: Obtaining Recognition and Enforcement in the United States of Monetary Judgments Entered in China Against U.S. Companies Doing Business Abroad, 44:2 The International Lawyer, Summer 2010, at 817.
“Strategies For Dealing with Bankruptcy Preference Claims,” Fourth Annual Corporate Counsel Institute, Kansas City, MO, January 2007.
“Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” Third Annual Corporate Counsel Institute, Kansas City, MO, February 2006.
“D & O Insurance Policy Issues in Bankruptcy,” Columbia, MO, April 2004.
Mark Moedritzer, Supreme Court: Debtors in Chapter 13 Must Pay Creditors Replacement Value of Property, Clarks' Secured Transactions Monthly, Vol. 13, No. 7, September 1997.
Mark Moedritzer, Lien on Ship-Charter Payments Triggers Article 9 Filing Requirements, Clarks' Secured Transactions Monthly, Vol. 13, No. 4, June 1997.
Mark Moedritzer, Iowa Case Illustrates Problems With Temporary Deposit Slips, Clarks' Bank Deposits and Payments Monthly, Vol. 5, No. 5, November 1996.
Mark Moedritzer, Kansas Supreme Court Rules on Right to Prepay Commercial Loans, Vol. 10, No. 6, August 1994.
Dennis R. Dow, Mark Moedritzer, ERISA-Related Claims in Bankruptcy, Journal of Bankruptcy Law and Practice Vol. 3, No. 1, November 1993.
Mark Moedritzer, Retaining Rights Against the Surety After Discharging the Debtor or Releasing Collateral, Clarks' Secured Transactions Monthly, Vol. 9, No. 8, October 1993.
Mark Moedritzer, Tips on Drafting and Enforcing Jury Waivers, Clarks' Secured Transactions Monthly, Vol. 8, No. 12, February 1993.
Mark Moedritzer, Third Circuit Favors Secured Lender in Major LBO Case, Clarks' Secured Transactions Monthly, Vol. 8, No. 10, December 1992.
Mark Moedritzer, Chapter 13 Mortgage Cram-Downs Not Affected by Dewsnup Decision, Clarks' Secured Transactions Monthly, Vol. 8, No. 5, July 1992.
Mark Moedritzer, Supreme Court Refuses to Permit Debtor to Wipe Out Unsecured Portion of Real Estate Lien, Secured Lending Alert, Vol. 8, No. 1, March 1992.