Contact Information

555 Capitol Mall 9th Floor

Sacramento CA 95814

916.325.4519

mgorton@mhalaw.com

Practice Focus

Real Estate

Commercial &
Bankruptcy

Mark Gorton | Shareholder

Professional Experience

Mark brings to the Real Estate practice group 25 years of experience litigating, defending, enforcing and working-out deals in insolvency situations.

Mark joined MHA in 1985 and is recognized leader in the bankruptcy bar in Central and Northern California having served as a president of the Sacramento County Bar Association Bankruptcy Section, a director of the Sacramento Valley Bankruptcy Forum and a member of the Sacramento County Bar’s Bar Council, and achieved peer review recognition as an AV-rated lawyer.

He volunteers as a mediator in the Bankruptcy Dispute Resolution Program for the United States Bankruptcy Court, Eastern District of California.

Representative Matters

Represented buyer in two purchases of industrial land ($1.9 million and $5.0 million) from a bankruptcy trustee.

Represented optionee in several options to purchase development property.

Represented lender in refinance of developer line of credit.

Represented optionee in option to lease mining property.

Represented buyer in acquisition of mitigation use rights.

Prior Experience

Represented defrauded homeowner in defense of bankruptcy trustee’s complaint to void purchase; achieved settlement with no economic loss to homeowner.

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.

Presentations/Publications

Contributor, “Bankruptcy Exemption Manual,” West Publishing Co.

Presenter, “Impact of BAPCPA on Business Bankruptcy Cases,” Sacramento Valley Bankruptcy Forum, August 2005

Contributor, “Review of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” Eastern District of California’s Business Bankruptcy Study Group, materials available at www.caeb.uscourts.gov/whatnew/bkact2005.asp

Presenter, “Electronic Discovery in District and Bankruptcy Courts,” Eastern District of California Judicial Conference, October 2004

Presenter, “PG&E Plan Confirmation Process,” Sacramento County Bar Bankruptcy Section, March 2004

Presenter, “Evidentiary Issues in Plan Confirmation,” Sacramento Valley Consumer Bankruptcy Forum, February 2003

Presenter, “Bankruptcy: Creditor’s Perspective,” Lorman Education Services, June 2002 and June 2001

Presenter, “Commercial Lending in California,” National Business Institute, Spring 2000

Presenter, “Dismissal, Conversion and Substantial Abuse – Stand by Your Man or Kick the Rascal Out,” Sacramento Valley Bankruptcy Forum, Spring 1999

Guest Lecturer, “The Creation of Security Interests,” Commercial Law Class, U.C. Davis King Hall School of Law, Spring 1999

Presenter, “Bankruptcy Schedule Preparation 10l,” Sacramento Area Chapter 7 Trustees Association, Spring 1999

Presenter, “The Impact of Bankruptcy on Civil Enforcement,” California Association of County Sheriffs Annual Convention, Fall 1998

Presenter, “The Healthcare Industry and Insolvency,” California Bankruptcy Forum Annual Conference, Spring 1998

Presenter, “Exemption Planning and Discharge – Pigs Get Fat, Hogs Get Slaughtered,” Sacramento Valley Bankruptcy Program, Spring 1998

Presenter, “Bankruptcy Practice, “ Sacramento County Bar Barrister’s New Admittees Federal Practice Seminar, Spring 1998, 1997

Leadership Positions/Affiliations

Board of Directors, Western States Barbecue Association

Board of Directors and past president, Sacramento Country Day School Sports Boosters

Past president, Sacramento County Bar Bankruptcy Section

Member, American Bar Association

Member, State Bar of California

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

Member, Arboris Umbra, continuing education society

Honors/Awards

AmJur Award in Administrative Law

MHALaw Search

Admitted to Practice

State Bar of California, 1981

California State Supreme Court

United States Court of Appeals, Ninth Circuit

United States District Court, Northern, Eastern, Southern and Central Districts of California

Education

University of the Pacific, McGeorge School of Law

J.D., 1981

International Moot Court Honors Board

Associate Editor, Owen’s California Procedure and Forms

Whittier College

B.A., with Honors, Economics, 1978

Omicron Delta Kappa Student Body President