44
Years
Of Service
Mark Warsco has lengthy experience as a litigator and focuses his practice on commercial workouts and bankruptcy, construction, commercial real estate, commercial litigation, and business representation.
Mark has represented numerous secured creditors in commercial loan workouts, primarily in the middle-market area between $2 million to $10 million. Mark has also represented the creditors’ committee in several large regional bankruptcy cases including Driggs Farms of Indiana, Progressive Hospitals, Advance Mixer, Inc., and Manco Products, Inc., all of which resulted in successful §363 sales with a distribution to unsecured creditors.
In addition to representing creditors in the commercial workout and insolvency arena, Mark has represented a number of business clients in the purchase and sale of their businesses, including the sale of a manufacturing concern with plant locations in multiple states to a venture capital firm.
Mark has also represented clients who invest in commercial real estate and has represented them in the purchase and sale of a number of commercial properties including manufacturing plants, shopping centers and ground for both commercial and residential development. He also consults with business clients concerning the structure of their businesses to minimize legal risk.
Mark is a graduate of Indiana University-Purdue University, Fort Wayne, and Indiana University Maurer School of Law in Bloomington, Indiana.
Legal Assistants: Beth Shanebrook & Cindy Witters
- Indiana, 1980
- U.S. District Court Northern District of Indiana, 1980
- U.S. District Court Southern District of Indiana, 1980
- U.S. Court of Appeals, Seventh Circuit, 1992
- Indiana State Bar Association: Past President, Bankruptcy & Creditors’ Rights Section; Construction Law Section
- Allen County Bar Association: Past President, Past Board Member; Bankruptcy Section Liaison Committee Chair, 2001–Present
- United States Bankruptcy Court, Northern District of Indiana, Fort Wayne Division: Panel Trustee
- Allen County Bar Foundation: Past President, Past Board Member
- American Bankruptcy Institute
- Building Contractors Association: Chairman, Governmental Affairs Committee, 1998–2004; Board member, 2013–Present
- National Association of Bankruptcy Trustees
- Selected for Inclusion in Best Lawyers in America®, Banking and Finance Law, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Bet-the-Company Litigation, Litigation-Bankruptcy, 2006–2024
- Selected for Inclusion in Best Lawyers® Lawyer of the Year, 2014–2021
- Selected for Inclusion in Indiana Super Lawyers®, 2004–2023
- Selected for Inclusion in Fort Wayne Magazine, Top Lawyer, 2016
- AV Preeminent® Rating from Martindale-Hubbell®
- Matter of Seiler, 29 B.R. 33 (Bankr. N.D. Ind. 1983)
- In re Draggoo Electric Company, Inc., 57 B.R. 916 (Bankr. N.D. Ind. 1986)
- In re Manwell, 62 B.R. 533 (Bankr. N.D. Ind. 1986)
- Matter of Graves, 70 B.R. 535 (N.D. Ind. 1987)
- Matter of Weaver, 93 B.R. 172 (N.D. Ind. 1988)
- In re Richards, 92 B.R. 369 (Bankr. N.D. Ind. 1988)
- Matter of Strong, 84 B.R. 541 (Bankr. N.D. Ind. 1988)
- Matter of Steury, 94 B.R. 553 (Bankr. N.D. Ind. 1988)
- Matter of Whitman, 101 B.R. 37 (Bankr. N.D. Ind. 1989)
- Matter of U.S. Marketing Concepts, Inc., 113 B.R. 487 (Bankr. N.D. Ind. 1990)
- In re R & L Cartage & Sons, Inc., 118 B.R. 646 (Bankr. N.D. Ind. 1990)
- Udell v. Standard Carpetland, USA, Inc., 149 B.R. 908 (Bankr. N.D. Ind. 1993)
- In re Zank, 1994 WL 236196 (Bankr. N.D. Ind. 1994)
- Matter of Udell, 18 F.3d 403 (7th Cir. 1994)
- In re Rimsat, Ltd., 196 B.R. 791 (N.D. Ind. 1995)
- In re Import & Mini Car Parts, Ltd., Inc., 200 B.R. 857 (Bankr. N.D. Ind. 1996)
- Matter of Rimsat, Ltd., 98 F.3d 956 (7th Cir. 1996)
- Matter of Rimsat, Ltd., 193 B.R. 499 (Bankr. N.D. Ind. 1996)
- Matter of Rimsat, Ltd., 224 B.R. 685 (Bankr. N.D. Ind. 1997)
- Miller v. Conte, 19 F.Supp.2d 904 (N.D. Ind. 1997)
- In re Nova Tool, 228 B.R. 678 (Bankr. N.D. Ind. 1998)
- In re Bluffton Casting Corp., 186 F.3d 857, 139 Lab. Cas. P 10, 515 (C.A.7 (Ind.) 1999)
- Abbey Villas Develop. v. Site Contractors, 716 N.E.2d 91 (Ind. App. 1999)
- In re Rimsat, Ltd., 230 B.R. 362 (N.D. Ind. 1999)
- In re Rimsat, Ltd., 212 F.3d 1039 (7th Cir. 2000)
- Warsco v. Preferred Technical Group, 258 F.3d 557 (7th Cir. 2001)
- In re Barnes, 276 F.3d 927, 38 Bankr. Ct. Dec. 245 (7th Cir. 2002)
- In re Consol. Industries Corp., 279 B.R. 831 (N.D. Ind. 2002)
- Warsco v. Household Bank F.S.B., 272 B.R. 246, 89 A.F.T.R.2d 2002-1210 (Bankr. N.D. Ind. 2002)
- In re Consolidated Industries, 360 F.3d 712, 42 Bankr. Ct. Dec. 190 (7th Cir. 2004)
- In re Saylor, 339 B.R. 190 (Bankr. N.D. Ind. 2006)
- Warsco v. Drew (In re Drew), 2007 Bankr. LEXIS 4496, (Bankr. N.D. Ind. 2007)
- Driggs Farms of Indiana, Inc. v. Driggs Farms Investors, LLC, 2009 Bankr. LEXIS 490, (N.D. Ind. Mar. 2, 2009)
- Warsco v. Jarvis, 2009 Bankr. LEXIS 495, (N.D. Ind. Mar. 4, 2009)
- In re DFI Proceeds, Inc., 2010 Bankr. LEXIS 695, (N.D. Ind. Feb. 9, 2010)
- Warsco v. IFS, Inc., 2010 Bankr. LEXIS 696, (N.D. Ind. Feb. 17, 2010)
- Warsco v. Alliance Foods, Inc., 2011 U.S. Dist. LEXIS 21597, (N.D. Ind. Mar. 2, 2011)
- In re Witt, 473 B.R. 284 (Bankr. N.D. Ind. 2012)
- In re Witt, 481 B.R. 468 (Bankr. N.D. Ind. 2012)
- Fort Wayne Rescue Mission: Board member, 2016–Present
- Jesus in Haiti Ministries, Inc.: Board member, 2008–Present
- Gideons: State Vice President, 2009–Present
- Northern Indiana United Methodist Foundation: Board member, 2008–2011
- The African/African-American Historical Society, Inc.: Board member, 1999–2007
- Indiana Legal Services: Board member, 2004–2006
- Downtown Improvement District: Advisory Council 2000–2002
- Boy Scouts of America: Board member, 1999–2001
- Midtowne Crossing Owners Association: Board member, 1999–2001
- Indiana University Alumni Association Northeast Indiana Chapter: Board member, 1997–2001
- East Central Housing Corporation: Board member, 1998–2000
- East Wayne Street Center: Board member 1993–1999; past president
- Legal Alert: "Lenders Must Diligently Protect Their Interests," published December 8, 2020
- Legal Alert: "Inchoate Mechanic's Lien Right Presents a Defense to Preference Claim," published July 29, 2019
- Legal Alert: "Joint Check Agreement Did Not Protect Supplier from Preference Claim," published July 10, 2019
- Legal Alert: "Manage Your Receivables Now To Avoid Losses Later," published December 19, 2017
- American Bankruptcy Institute: "Buying Votes in Chapter 11," published February 2011
- Legal Alert: "Collection Tools," published March 1998
- Legal Alert: "Asset Protection Planning in Indiana," published May 1994
- Legal Alert: "Advanced Real Estate Law," published August 1993
- Legal Alert: "Representing the Business Creditor," published April 1993
- Legal Alert: "Protection of Secured Interests in Bankruptcy in Indiana," published October 1992
- Allen County Bar Association, “Bankruptcy Update,” September 2015, 2016
- Northeast Indiana Paralegal Association, “Ethics,” April 2015
- Indiana State Bar Association, “When Bankruptcy & Construction Collide,” April 2015
- Sigmund J. Beck Advanced Bankruptcy Roundtable, panel member and contributing author, 2008–2015
- Allen County Bar Association, “The Impact of Personal Injury/Wrongful Death Bankruptcy & Divorce on Your Estate Plan,” July 2013
- Allen County Bar Association, “Bankruptcy Issues in Probate and Tax,” July 2013
- Bench Bar, Allen County Bar Association, “All is Not Lost-Representing Secured Creditors in Bankruptcy,” February 2013
- S. Trustee Conference, “Spend Down of Assets Pre-Bankruptcy” and “Debtor Business Interest in Chapter 7,” October 2012
- 8th Annual Family Law Institute, “Seven Things Every Family Lawyer Should Know About Bankruptcy After the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” October 2010
- 17th Annual Central States Bankruptcy Workshop, “Recent Seventh Circuit Cases,” June 2010
- Allen County Bar Association, “Basic Bankruptcy,” October 2009
- Building Contractors Association, “Collection Tools,” March 1998
- Institute for Paralegal Education, “Estate Planning & Probate for the Paralegal/Legal Assistant in Indiana,” January 1998
- National Business Institute, Inc., “Asset Protection Planning in Indiana,” May 1994
- National Business Institute, Inc., “Advanced Real Estate Law,” August 1993
- Indiana Continuing Legal Education Forum, “Representing the Business Creditor,” April 1993
- National Business Institute, Inc .,”Protection of Secured Interests in Bankruptcy in Indiana,” October 1992
- National Business Institute, Inc., “Basic Bankruptcy,” September 1991
