• vcard
D 202.772.8477
F 202.783.3535
M 347.415.4451
  • Education
    • J.D., with distinction, Hofstra University School of Law, 1992, Managing Editor of Hofstra Law Review
    • B.A., Stony Brook University, 1989, Political Science and Philosophy; Treasurer in Student Government
  • Bar Jurisdictions
    • New York, 1993
    • California, 2001
    • District of Columbia, 2013
    • Massachusetts (inactive), 1993
  • Court Admissions
    • U.S. District Court, Southern District of New York, 1993
    • U.S. District Court, Central District of California, 2015
Depending upon the needs of each client, Mark Joachim is as comfortable in the restructuring and distressed debt arena as he is in the context of a “new money” corporate finance transaction. Mark has more than 20 years of experience representing clients on complex financing arrangements. In the restructuring arena, he regularly represents lenders, creditors, distressed debt investors, official committees, ad hoc groups of creditors, boards of directors, special committees, independent directors, debtor-in-possession lenders and borrowers in connection with bankruptcy proceedings and out-of-court restructurings.

Mark's background includes representing first and second lien senior lenders, mezzanine investors, and equity sponsors and borrowers in senior debt, mezzanine and private equity financing arrangements. He has successfully closed dozens of leveraged finance transactions for lenders utilizing cash flow, asset-based, and hybrid structures.

Mark’s areas of focus include:
  • Acquisition, recapitalization and other leveraged financings
  • Rescue financings
  • Cash flow and asset-based financings
  • Debtor-in-possession and exit financings
  • Cross-border financings
  • Multi-tranche, uni-tranche and mezzanine financings
  • Restructurings, workouts and bankruptcies
  • A fund client as a lender to a deep sea oilfield service and maintenance company in the Gulf of Mexico. In a very complicated deal that took several months to complete, the lender foreclosed on the assets and subsequently sold those assets to a UK public company. As part of the transaction, the lender was issued convertible notes issued by the UK public company and made certain additional investments in the ongoing enterprise.
  • The creditors’ committee in the bankruptcy proceeding of Cengage Learning, Inc. Cengage filed for Chapter 11 protection on July 2, 2013, with approx. $7.5 billion in assets, making it the largest Chapter 11 filing of 2013. Cengage emerged from bankruptcy on March 31, 2014.
  • The senior lenders to American Media in its out-of-court restructuring.
  • The lenders that financed Safety-Kleen, Inc.’s emergence from Chapter 11. 
  • A major bondholder and debtor-in-possession lender in connection with the successful Spectrum Brands Chapter 11 case. 
text icon Publications & Presentations
Security Interests in Proceeds of Collateral: Impact of Bankruptcy
Author; The Review of Banking & Financial Services, Vol. 33, No. 2
February 2017
text icon Publications & Presentations
Intercreditor Agreements in Mezzanine and Second Lien Financings: Drafting Techniques and Negotiation Strategies
Presenter, Clear Law Institute Webinar
August 19, 2016
text icon Publications & Presentations
Momentive’s Impact on Issues Critical to Chapter 11: Till, Makewhole Premiums, and Senior Debt That is not Senior
Presenter, Turnaround Management Association Conference; Las Vegas, NV
February 2015
text icon Publications & Presentations
Challenging Lender Liens on Copyrights: Opportunities for Debtors and Unsecured Creditors
Author, Association of Insolvency & Restructuring Advisors Journal
January 2015
text icon Publications & Presentations
A Hornet’s Nest: Limited Liability Companies in the Bankruptcy Context
Author, Thomson Reuters’ Inside the Minds series