New York Office
1270 Avenue of the Americas
New York, New York 10020
Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202
Scott focuses his practice on representing real estate owners and managers in their tenants’ retail and restaurant bankruptcy cases nationwide. He also has extensive experience advising creditors’ committees, debtor affiliates, individual creditors, and other constituents in complex Chapter 11 cases as well as handling non-bankruptcy commercial litigation matters.
- Represented real estate owners and managers in the bankruptcy cases of Sears/Kmart, Payless ShoeSource, A&P, Toys “R” Us, Tops Friendly Markets, Ignite Restaurant Group (Joe’s Crab Shack), Bon-Ton, Sports Authority, and Southeastern Grocers.
- Drafted objections to sale and lease assignment procedures and advised landlords on the auction process.
- Used pre-trial discovery to prevent and condition the assignment of clients’ leases by prospective assignees on adequate assurance grounds.
- Advised 20 clients with over 200 combined leases regarding the disclosure statement, plan of reorganization, lease amendments, and cure negotiations in a retail-restructuring mega case.
- Represented creditors’ committees by challenging the proposed sale processes and DIP financing terms, analyzing the debtors’ first-day motions, and commenting on the plan and disclosure statement.
- Obtained a sizable pre-trial settlement from a restaurant debtor in satisfaction of its obligation to cure defaults under the lease related to the condition of the premises.
- Represented debtor affiliates valued at over $1 billion in the Chapter 11 cases of their parent companies, including the pursuit of an objection to the appointment of a Chapter 11 trustee through trial.
- Procured the return of a liquor license owned by the landlord through a complex corporate structure.
- Advised the receiver of a 233,000 sq. ft. office building in Somerset County, New Jersey.