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Mark S. Finkelstein

Shareholder

MFinkelstein@SMFADLaw.com

713-646-5503

Summary

Mark Finkelstein, a founding shareholder of the Firm, leads the Firm’s Bankruptcy, Creditors’ Rights and Commercial Litigation practice groups. Mr. Finkelstein has been recognized by peers as among “Houston’s Top Lawyers” in the areas of bankruptcy, creditors’ rights and commercial litigation. In 2012, based on client recommendations, Mr. Finkelstein was recognized as a BTI Consulting, Inc. “Client Service All-Star.” He has been selected to the Texas Super Lawyers list, including in 2022.


Mr. Finkelstein has nearly four decades of experience in high stakes business disputes, meeting the needs of clients in numerous industries and subject areas, including first chair trials and appeals in federal and state courts.


Clients value his ability to help minimize the adverse impact of bankruptcies filed by their customers, suppliers, tenants and borrowers, and his keen focus on resolving business problems for clients in a cost-conscious manner. Clients—many of them Fortune 100 companies—include companies involved in the chemical, petrochemical and derivative products supply and distribution chain; real estate and equipment leasing; real estate development, construction and property management; financial services (banking, insurance, mortgage banking, title insurance, and securities brokerage); healthcare; telecommunications and computer technology; and oil, gas and petrochemical production, refining, transportation, marketing and distribution.


Cases are commonly complex, document-intensive, commercial disputes between large corporate entities, and have involved disputes in the following subject areas, among others: creditors’ rights and bankruptcy, contract and commercial, landlord-tenant, energy generation and finance, mortgage servicing, title insurance, lender liability, intellectual property, environmental (e.g., storage tank), property damage, and oil-patch and construction.


In addition, Mr. Finkelstein represents clients in alternative dispute resolution, including arbitration and mediation, and has served as an arbitrator and mediator.


Mr. Finkelstein’s practice has resulted in long associations with in-house corporate counsel managing active litigation dockets, and with business and commercial credit groups.


Mr. Finkelstein has a strong personal and professional dedication to helping clients’ resolve their legal disputes effectively, and efficiently, using his skills as a seasoned trial lawyer and mediator. By viewing each issue from not only the client’s point of view, but also the adverse party’s perspective, Mr. Finkelstein is able to reduce the scope of battles that must be waged, and fight and win those battles that cannot be avoided. With a 40-year track record, Mr. Finkelstein employs excellent critical analysis, strategic thinking, and is keenly attentive to his client’s litigation and commercial objectives.


Mr. Finkelstein is married to Deborah, is a father of three children and two stepchildren, and is blessed with six grandchildren.

Highlights & Recognitions

  • AV® PreeminentTM 5.0 out of 5

  • 2012 BTI Client Service All-Star

  • Peer-rated as among “Houston’s Top Lawyers” in the areas of bankruptcy, creditors’ rights and commercial litigation

  • Texas Super Lawyers (2017-2022)

  • Recipient, ADL’s 1998 Daniel Ginsberg National Leadership Award

Published & Unpublished Cases

  • Circuit Court

    • In re Kimball Trading, 224 F.3d 766 (5th Cir. 2000)

    • FDIC v. Transworld Mortgage Corp., 120 F.3d 266 (5th Cir. 1997)

    • Rohrbaugh v. Celotex Corp., 53 F.3d 1181 (10th Cir. 1995)

    • Whatley v. Resolution Trust Corp., 32 F.3d 905 (5th. Cir. 1994)

    • United Structures of Am., Inc. v. G.R.G. Eng’g, S.E., 9 F.3d 996 (1st Cir. 1993)

    • Scope Imports v. Interstate Commerce Comm’n, 688 F.2d 992 (5th Cir. 1982)

  • District Court

    • Encore Bank, N.A. v. Bank of Am., N.A., 918 F. Supp. 2d 633 (S.D. Tex. 2013)

    • Encompass Power Servs. v. Eng’g & Constr., No. H-05-2759, 2005 U.S. Dist. LEXIS 28427 (S.D. Tex. Nov. 10, 2005)

  • Bankruptcy Court

    • Intercontinental Polymers, Inc. v. Equistar Chems., LP (In re Intercontinental Polymers, Inc.), No. 03-23736, 2005 Bankr. LEXIS 997 (Bankr. E.D. Tenn. Mar. 31. 2005)

    • In re Hedstrom Corp., 333 B.R. 815 (E.D. Ill. 2005)

    • Zeta Consumer Prods. Corp. v. Equistar Chem. L.P. (In re Zeta Consumer Prods. Corp.), 291 B.R. 336 (Bankr. D.N.J. 2003)

    • In re Placid Oil Co., 92 B.R. 183 (Bankr. N.D. Tex. 1998)

    • In re Gregory, 214 B.R. 570 (S.D. Tex. 1997)

    • In re Appletree Markets, 139 B.R. 417 (Bankr. S.D. Tex. 1992)

    • Shape Optimedia, Inc. v. Gelardi (In re Shape, Inc.), 138 B.R. 334 (Bankr. D. Me. 1992)

  • Appellate Courts

    • In re SavaSeniorCare, LLC, No. 04-05-00466-CV, 2005 Tex. App. LEXIS 5391, (Tex. App.—San Antonio July 13, 2005)

    • Herman v. Shell Oil Co., 93 S.W.3d 605 (Tex. App.—Houston [14th Dist.] 2002)

  • Creditor Representation in Recent Cases

    • Neighbors Legacy Holdings, Inc.; CJ Holding Co.; Fieldwood Energy LLC; NPC International, Inc.; RGN Group Holdings LLC.; Imerys Talc America, Inc.; Dura Automotive Systems, LLC; Samson Resources; Quicksilver Resources; Sabine Oil & Gas; Ford Steel LLC; Katy Industries, Inc; Thornton & Co., Inc.; Spectra Premium Industries, Inc.; Energy XXI; Linn Energy; Breitburn Energy; Sable Operating; Vanguard Natural Resources; EnerVest; Koontz Wagner Custom Controls; Epic Companies; Western Oilfield Supply; Comcar Industries; Paddock Enterprises; Lauren Engineers & Constructors, Inc.; Reliant Energy Channelview LP; Burnham Insulation-Versitech; Sierra Chemical; Gastar Exploration, Inc.; JCI Jones Chemicals; Taylor Building Products, Inc.; Atis Group, Inc.; Royal Trust; Scott Oils; and Residential Funding Corporation a/k/a ResCap Mortgage.

Publications, Presentations, and Speeches

  • Physical Distancing in a New Light: The Interplay of Reclamation Rights, the 20-Day Goods Administrative Priority Claim, the Meaning of ‘Receipt of Goods’ under the U.C.C., and Commercial Reality, ABA Business and Corporate Litigation Committee Newsletter (2021)

  • Bankruptcy Preferences – Tips and Traps, State Bar of Texas Corporate Counsel Section Newsletter (Winter 2012). Co-authored with my colleague Jeff Koch, Of Counsel to the Firm. The article provides practical legal advice to corporate counsel regarding the defense of bankruptcy preference actions, including advice regarding retention of records needed to reconstruct account history to prove affirmative defenses available to the creditor.

  • Bankruptcy Risk Management Strategies, National Association of Credit Management, NACM Houston – Energy Credit Group (Feb. 2012). With co-presenter Dean Swick, a Managing Director at Alvarez & Marsal in Houston, an interactive slide presentation to a group of approximately 30 Houston energy credit professionals. The topics covered included Energy Demand and Distress Indications by Mr. Swick with some economic forecasts about energy market trends, and Mr. Finkelstein presented advice and recommendations for managing the risk of potential bankruptcy relief sought by parties receiving goods and services on credit from the companies in attendance.

  • Author and presenter, 1990 and 1991 Seminars on Commercial Financial Services sponsored by the State Bar of Texas, Commercial Financial Services Committee

  • Guaranties in the Post-Deprizio Era Recent Developments: Guaranties; Deprizio Progeny; Equitable Subordination; and Participation Agreements (1990)

  • Recent Developments: Preferences and Post-Petition Transactions Sections 547 and 549 of the Bankruptcy Code (1991)

  • Corporate Buy-Sell Agreements, CPA ‘85, Vol. II, 2

Professional & Community Involvement

  • National

    • Chair, ADL National Litigation Committee (2018-2021)

    • Co-Chair, ADL National Government Relations, Advocacy and Community Engagement Committee (GRACE)(2020-2021)

    • Vice Chair, ADL National Civil Rights Committee for the Southern Area (2012–2015)

    • Chair, ADL National Legal Affairs Committee (2009–2012)

    • Chair, ADL National Investigation Research Oversight Committee (2006–2009)

    • Chair, ADL National Religious Freedom/Church-State Task Force (2003–2006)

    • Vice-Chair, ADL National Civil Rights Committee for the Southern Area (2000–2003)

    • Member, ADL National Executive Committee (2001–Present)

    • Member, ADL National Commission (1999–Present)

  • Regional

    • Chair, ADL Southwest Region (2019-2020 and 2002–2003)

    • Member, Executive Committee – ADL Southwest Regional Board (1996–Present)

    • Member, ADL Southwest Regional Board (1989–Present)

    • Member, ADL’s Coalition for Mutual Respect (2021-Present)

    • Co-Chair, ADL Civil Rights Committee – Southwest Regional Board (1999–2002)

    • Co-Chair, Mi Familia Vota Texas Advisory Council (2021-Present)

Mark S. Finkelstein

Practice Areas

  • Appellate

  • Arbitration

  • Bankruptcy & Creditors’ Rights

  • Business Litigation

  • Commercial Collections

  • Commercial Litigation

  • Contract Litigation

  • Environmental Litigation

  • Insurance Litigation

  • Landlord/Tenant

  • Mediation

  • Real Estate Litigation

Education

  • J.D., University of Texas School of Law, 1980

    • Urban Law Review


  • B.A., Plan II Liberal Arts Honors Program, University of Texas at Austin, 1977

    • ampla et magna cum laude

    • Phi Beta Kappa

    • Phi Eta Sigma

Admitted to Practice

  • Texas

  • Supreme Court of the United States


  • U.S. Court of Appeals

    • First Circuit

    • Fifth Circuit

    • Eleventh Circuit


  • U.S. District Court

    • Eastern District of Texas

    • Northern District of Texas

    • Southern District of Texas

    • Western District of Texas


  • U.S. Bankruptcy Court

    • Eastern District of Texas

    • Northern District of Texas

    • Southern District of Texas

    • Western District of Texas

Affiliations

  • State Bar of Texas Bankruptcy Law Section DE&I subcommittee

  • Houston Bar Association



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