Mark S. Goldstein
With a practice focusing on bankruptcy and commercial litigation, Mark S. Goldstein has represented hundreds of creditors, committees, trustees, and debtors, in cases under Chapters 7, 11, and 13 of the Bankruptcy Code. As Trustee’s counsel, he has represented estates in complex commercial fraud and directors’ and officers’ liability litigation, transfer avoidance actions, as well as claims allowance and subordination proceedings. As creditors' counsel, he has protected and prosecuted his clients’ rights through the plan confirmation process, claims allowance process, lift stay motions, and lien ranking proceedings; further, Mr. Goldstein has defended clients in transfer avoidance litigation. As debtor’s counsel, he has prepared and filed petitions under Chapters 7, 11, and 13, represented a wide range of debtors-in-possession, and has extensive experience representing both business and consumer Chapter 7 debtors in every phase of those proceedings.
For 25 years, Mr. Goldstein practiced at the firm of Lowe, Stein, Hoffman, Allweiss & Hauver, LLP, where he was “of counsel.” During that time, he developed deep expertise in community property and divorce issues, directors and officers liability, professional liability, insurance coverage, commercial fraud, and the dischargeability of tax indebtedness, all in the context of bankruptcy proceedings.
Mr. Goldstein has been invited to speak at numerous continuing legal education programs and has presented materials on the treatment and dischargeability of income tax liability, tax attributes, the treatment of community property in bankruptcy, and individual Chapter 11 reorganizations.
Mr. Goldstein was born and raised in Detroit, Michigan. After obtaining his B.A., master’s degree, and law degree from the University of Michigan, he moved to Louisiana in 1981 and has been practicing law in state and federal courts in Louisiana ever since. He and his wife, Peg Usner, an artist and retired professor of interior design, have been married for 34 years. Mark enjoys local music and his wife’s art exhibits. They have two adult children and two grandchildren.
- University of Michigan Law School, J.D., 1979
- University of Michigan, Master of Public Policy Studies, 1979
- University of Michigan, B.A., Political Science, 1974
Bar Admissions
- Louisiana State Bar Association, 1981
- Indiana, 1979 (Inactive)
- United States District Court, Eastern District of Louisiana, 1981
- United States District Court, Middle District of Louisiana, 2004
- United States District Court, Western District of Louisiana, 1988
- United States Court of Appeals, Fifth Circuit, 1988
- United States Tax Court, 1981
- United States Supreme Court, 2004
Organizations
- Member, Louisiana State Bar Association
- Member, Bar Association of the Fifth Federal Circuit
- Member, New Orleans Bar Association
CLE Authored and Instructed:
- “Bankruptcy Pitfalls and Issues in Family Law” [with Eric J. Derbes] (LSU 25th Annual Family Law Conference, 2021)
- Alternatives to Bankruptcy: Receiverships and Assignments for the Benefit of Creditors, Panel Discussion, Ira Bodenstein,, Moderator [with Christopher Caplinger, S. Gregory Hays, Robert Handler], National Association of Bankruptcy Trustees, 35th Annual Convention, 2017
- Issues Concerning Partnership Interests and Limited Liability Companies, Fifth Circuit Bankruptcy Bench Bar Conference, 2016
- Bankruptcy and Divorce, LSU Law Center, 2002
- Everything You Were Afraid to Ask about the Dischargeability (or Not) of Taxes, Louisiana State Bar Association, 1997
- Dischargeability of Income Taxes in Bankruptcy, LSU Law Center, 1997
Publications:
- A Practical Guide to Bankruptcy in Louisiana, 1984
Instructor:
- Tulane Law School Community Service Program Supervisor of the Consumer/Foreclosure Advice Clinic, 1989 – 2003
Significant Cases:
- In re COPsync, Inc, U.S. Bankruptcy Court, EDLA 17-12625 (Counsel for Corporate)
- In re Ernest A. Vicknair, Jr., U.S. Bankruptcy Court, EDLA 17-11059 (Counsel for Liquidating Plan Trustee)
- In re FoodServiceWarehouse.Com, LLC, U.S. Bankruptcy Court, EDLA 16-11179 (Chapter 7 Trustee Special Counsel)
- In re DLN Properties, Ltd., U.S. Bankruptcy Court, EDLA 15-12993 (Counsel for Creditor & former spouse of principal)
- In re JFK Capital Holdings, LLC, U.S. Bankruptcy Court, EDLA 15-11084 (counsel for Chapter 7 Trustee)
Selected Reported Cases:
- In re DLN Properties, Ltd., 2018 WL 31096, 65 BCD 218 (E.D. La. 2018)
- In re JFK Capital Holdings, LLC, 880 F.3d 747 (5th Cir. 2018)
- In re Phoenix Associates Land Syndicate, Inc., 517 B.R. 647 (E.D. La. 2014), 2103 WL 4048979 (E.D. La.), 2012 WL 3310017 (E.D. La.), 2011 WL 1337294 (Bkrtcy. E.D. La.), and 2010 WL 3945538 (Bkrtcy. E.D. La.)
- In re Fortune Natural Resources Corporation, 350 B.R. 270 (Bkrtcy. E.D. La 2005)
- In re Actel Integrated Communication, Inc., 2004 WL 515769 (E.D. La.) and 2003 WL 22717765 (E.D. La.)
- In re Louis J. Provenza, 82 Fed. Appx. 101, 2003 WL 22477888 (5thCircuit), 316 B.R. 177 (Bkrtcy. E.D. La. 2003), 132 Fed.Appx. 21, 2005 WL 1170446 (5th Cir., 2005)
- In re Carl Kaufman, 187 B.R. 167 (Bkrtcy. E.D. La. 1995)
Special Master Appointment:
- Baer v Baer, Civil District Court for the Parish of Orleans, #2007-16, Division K, for determination of whether support obligation was discharged in bankruptcy.
Contact
| Direct Dial: | 504.207.0918 |
| Direct Fax | 504.684.5502 |
Practice Areas
- Chapter 7, 11, 13
- Debtors
- Creditors
- Trustees
- Official Committees
- Bankruptcy Litigation
- Adversary Proceedings
- Contested Matters
- Discharge & Dischargeability
- Avoidance Actions
- Preferences
- Fraudulent Conveyances
- Revocatory Actions
- Exemption Litigation
- Proofs of Claim
- Discharge of Taxes
- Community Property in Bankruptcy
- Directors’ and Officers’ Liability
- Fraud
- Professional Liability
- Unfair Trade Practices
Insurance
Negligence and Products Liability