BoutinJones
ATTORNEYS AT LAW
Mark Gorton
Senior Counsel
Mark Gorton has been representing all types of parties in debtor-creditor and insolvency related matters for nearly 30 years. Mark also has substantial experience in real estate and lending matters.
I was a small claims pro tem judge for many years, and I currently serve as a mediator for the bankruptcy court. I work on a pro bono basis to get cases settled. I enjoy the mediation, and it’s my way of giving back to the legal community.
“I’m primarily a bankruptcy lawyer who represents creditors. In good economic times, I do commercial lending and real estate transactions. I also have substantial experience as counsel for bankruptcy trustees, chapter 11 debtors and creditors committees. Over the years, I’ve been involved in sales of businesses that were able to save a lot of peoples’ jobs. I’ve done other satisfying and interesting work, too, like representing regional municipal power authorities during the energy crisis and helping to keep the lights on.”
In my career, I’ve been through four recessions, a real estate boom and bust, a lending boom and bust and a bankruptcy boom and bust. The economy has a dramatic impact on my practice. Being at an integrated business firm like Boutin Jones helps me ride the waves.
Experience
Insolvency and Creditors’ Rights
- Represented purchaser of non-performing loan secured by a partially developed luxury residential master-planned community in Hawaii in creating a reorganization strategy for entities owning the project, which resulted in confirmation of a chapter 11 plan.
- Represented a city housing authority as secured creditor and regulator in chapter 11 of affordable housing non-profit resulting in successful reorganization and retention of the affordable housing restrictions.
- Represented a former spouse in obtaining dismissal of two successive chapter 13 cases by her ex-husband that were designed to deprive the former spouse of her property settlement rights
- Served as local counsel for the American affiliate of a multinational agribusiness conglomerate in the successful acquisition of a major California tomato processing facility in the owner’s Chapter 11 and in the defense and settlement of post-closing litigation by a software licensor.
- Represented defrauded homeowner in defense of bankruptcy trustee’s complaint to void purchase; achieved settlement with no economic loss to homeowner.
- Acted as local counsel to the “white knight,” a subsidiary of a major mutual fund company, which provided debtor in possession financing and plan exit financing and acquired the debtor’s gold mining operation under a Chapter 11 plan of reorganization.
- Represented municipal utility in power purchase agreement rejection and post-petition termination in Calpine chapter 11 case.
- Represented municipal utility as creditor and party in interest in PG&E, California Power Exchange and Enron chapter 11 cases.
- Represented water district as debtor in chapter 9 case; plan of adjustment confirmed.
- Represented local business defendants in preference complaints in bankruptcy cases in Delaware and Colorado; achieved settlement in each case substantially below plaintiffs’ demands.
- Represented not-for-profit healthcare provider as member of creditors’ committee in health plan chapter 11; plan confirmed.
- Represented city as lessor and creditor of minor league baseball team in chapter 11; obtained lease rejection.
- Represented public pension fund as secured creditor in class A hotel owner chapter 11; consensual chapter 11 plan confirmed.
- Represented redevelopment agency as ground lessor in class A hotel owner chapter 11; hotel sold with consent and support of agency.
- Represented redevelopment agency as creditor in casino and hotel owner chapter 11; casino and hotel sold.
- Represented bank on agricultural line of credit in farmer chapter 11 and defense of lender liability claims; settlement achieved.
- Represented unsecured creditors’ committee in blue cell and radio frequency technology manufacturer chapter 11; plan confirmed.
- Represented regional restaurant franchisor as chapter 11 debtor; plan confirmed.
- Represented national fast food franchisors as creditors in franchisee chapter 11 cases; in each case obtained rejections of franchise agreements.
- Represented equity security holders’ committee in publicly traded real estate investment fund; plan confirmed.
- Represented lenders in single asset real estate chapter 11 cases; in each case foreclosure or full payment plans achieved.
- Represented chapter 7 trustee of regional business/real estate owner/developer.
Involvement
Articles
Annually
“Bankruptcy Exemption Manual,” West Publishing Co., Mark Gorton, Contributor
2005
Review of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Eastern District of California’s Business Bankruptcy Study Group, Mark Gorton, Contributor
Presentations
2018
“Very Good Debates – Consumer Debate: Resolved – The exemption law of the state to which a debtor has recently moved should be used in the debtor’s bankruptcy case, with the former state law used as a cap on homestead exemptions,” 26th Annual American Bankruptcy Institute Southwest Bankruptcy Conference, Mark Gorton, Co-Presenter
2017
“U.S. Supreme Court, Ninth Circuit Court of Appeals and the Bankruptcy Appellate Panel of the Ninth Circuit Case Law Update 2016/2017,” Central California Bankruptcy Institute, Mark Gorton, Co-Presenter
2016
“Penrod II and Reciprocal Attorney Fee Clauses in Bankruptcy Cases,” Eastern District of California Judicial Conference, Mark Gorton, Co-Presenter
“Developing Issues in Individual and Small Debtor Chapter 11 Cases – Four Years Later,” Sacramento County Bar Association Bankruptcy Section, Mark Gorton, Co-Presenter
2014
“Supreme Court and Ninth Circuit Insolvency Law Updates,” Eastern District of California Judicial Conference, Mark Gorton, Co-Presenter
2013
“Exemptions,” Sacramento Valley Bankruptcy Forum, Mark Gorton, Co-Presenter
2012
“Developing Issues in Individual and Small Business Debtor Chapter 11 Cases,” Mark Gorton, Co-Presenter
2011
“Use of Post-Petition Earnings in Individual Chapter 11 Cases,” California Bankruptcy Forum, Judges’ Roundtable Discussion, Mark Gorton, Presenter
2009
“Cash Collateral: Using Cash in Bankruptcy and Not Getting Burned,” Sacramento Valley Bankruptcy Forum, Mark Gorton, Co-Presenter
2005
“Review of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” Eastern District of California’s Business Bankruptcy Study Group, Mark Gorton, Contributor
“Impact of BAPCPA on Business Bankruptcy Cases,” Sacramento Valley Bankruptcy Forum, Mark Gorton, Presenter
2004
“Electronic Discovery in District and Bankruptcy Courts,” Eastern District of California Judicial Conference, Mark Gorton, Presenter
“PG&E Plan Confirmation Process,” Sacramento County Bar Bankruptcy Section, Mark Gorton, Presenter
Honors
Martindale Hubbell AV-rated
Sacramento Magazine Top Lawyer, 2017 – 2021
Sacramento Business Journal Best of the Bar, 2019
McGeorge School of Law: International Moot Court Honors Board and Associate Editor, Owen’s California Procedure and Forms
Whittier College: Omicron Delta Kappa, Student Body President
Professional Associations and Memberships
Former President, Sacramento County Bar Association Bankruptcy Section
Member, American Bar Association
Member and Former Bar Council Member, Sacramento County Bar Association
Member, American Bankruptcy Institute
Member, National Association of Bankruptcy Trustees
Member and Former Director, Sacramento Valley Bankruptcy Forum
Member, State Bar of California, Real Estate, Business Law, and Insolvency Sections
Community
Volunteer mediator in the Bankruptcy Dispute Resolution Program for the United States Bankruptcy Court, Eastern District of California
Former President, Sacramento Country Day School Sports Boosters