Zaynard, Mark

Professional Experience

During his more than 20 years in the private practice of law, Mr. Yumkas has represented corporate debtors, lenders, secured creditors, unsecured creditors, landlords, distressed investors, private equity, franchisors, bankruptcy trustees and receivers in all aspects of litigation, deal making and dispute resolution. Prior to his arrival at Yumkas, Vidmar & Sweeney, LLC, Yumkas headed up the bankruptcy, workouts and creditors rights practice at Rosenberg Martin Greenberg, LLP, one of Maryland’s premier business boutique law firms.

Known as a passionate and creative problem-solver and leader, Yumkas has hands-on management experience. He is the former CEO of ACG, LLC, an insurance company acquisition and liquidation specialty business. Prior to joining ACG in 2007,Yumkas served on the three member management team of his prior law firm, overseeing the business of more than 30 professionals and 60 overall employees. Mr. Yumkas is a past president of the Bankruptcy Bar Association for the District of Maryland, where he oversaw and managed a non-profit professional organization of more than 325 insolvency attorneys.

Engagements

In re: PJCOMN Acquisition Corporation - Debtor's counsel in Chapter 11 bankruptcy case for 72 store Papa John's franchisee with operations in Colorado and Minnesota.

In re: Fairfax Crossing LLC and Fairfax Crossing II LLC - Debtors' counsel in Chapter 11 bankruptcy case for commercial and residential real estate developers in West Virginia.

In re: Turf LLC - Debtor's counsel in Chapter 11 bankruptcy case for motel and restaurant business in West Virginia. 

In re: Baltimore & Charles Associates, LLC - Debtor's counsel in mixed use office, retail and hotel building owner liquidations. 

In re: Inphomation Communications Inc. - Special litigation counsel to bankruptcy trustee in liquidation of pioneering telephonic advice company known as the “Psychic Friends Network."

In re: After Six, Ltd. - Debtor's counsel for world renown manufacturer and licensor for men's formal wear. Planned Chapter 11 liquidation resulted in unsecured creditors being repaid 96% of their claims against the Debtor's estate.

In re: Bogdan - Counsel for prevailing appellant trustee on appeals of District Court and Bankruptcy Court decisions establishing significant national law providing that (1) unconditional assignment by mortgage lenders of whatever claims they had against debtor's alleged coconspirators, with no right to share in trustee's recovery except pro rata with other creditors of estate, was sufficient to give trustee standing to prosecute these assigned claims; (2) doctrine of in pari delicto did not apply to prevent Chapter 7 trustee, as unconditional assignee of mortgage lenders, from pursuing causes of action that lenders had against debtor's alleged coconspirators. In re Bogdan, 414 F.3d 507 (4th Cir. 2005); (3) failure of debtor to disclose breach of contract claim against customer in its reorganization case was failure to disclose fact, rather than position of law; (4) debtor's failure to disclose breach of contract claim was material to creditors' acceptance of plan and court's confirmation of plan; and (5) debtor intentionally, and not inadvertently, failed to disclose breach of contract claim.

In re: USinternetworking, Inc. - Local Counsel to prevailing Defendant in published summary judgment opinion (310 B.R. 274 Bankr.D. Md., 2004) holding that debtor was judicially estopped from bringing cause of action that it had knowingly failed to disclose as an asset in its schedules, disclosure statement or plan.

In re: C. J. Miller, Inc., Miller Asphalt Products, Inc. - Represented senior secured lender and provider of debtor-in-possession financing in successful chapter 11 reorganization of regional road construction and asphalt production business with $50,000,000 in annual sales.

In re: Gunthers Leasing Transport Inc. - Counsel to principals of regional air-freight trucking firm in chapter 11 reorganization. Debtor's plan was confirmed.