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ScottFleischer

Counsel

"I take a practical approach to the law and am committed to understanding each client's business goals to further their interests."

Overview

Biography

Landlords turn to Scott when their retail and restaurant tenants file for bankruptcy or default under their lease. Businesses of all sizes and types rely on Scott before and during a bankruptcy case to protect and enforce their rights, and they especially appreciate his practical, business-oriented advice that’s easy to understand.

When representing several landlord clients in the same case, Scott offers economies of scale while also providing customized guidance based on individual preferences. Having worked on virtually every recent major retail bankruptcy case across the country, he knows the major players and efficiently works through complex tasks with common issues while focusing on achieving the client’s specific goals.

Scott was drawn to bankruptcy law because of how well the practice fits with his style, as its unique blend of litigation and transactional work lends itself to negotiated results with an emphasis on efficiency. For example, Scott advised a client in connection with novel arguments a tenant made in their bankruptcy case, and instead of jumping into the fray, he recommended letting the process play out with other parties first. After the outcome Scott anticipated materialized, he was not only able to achieve a great result but also saved the client money by staying patient.

Prior to dedicating much of his practice to advising landlords in retail bankruptcies, Scott represented creditors’ committees, Chapter 7 trustees, individual creditors, debtor affiliates, and other constituents in complex bankruptcy matters. His wide-ranging experience gives him the tools to handle all types of bankruptcy engagements along with non-bankruptcy commercial litigation, such as helping landlords pursue evictions and recoveries from their tenants.

Selected Memberships & Affiliations

  • International Council of Shopping Centers, 2019 Next Generation Planning Committee Member
  • American Bankruptcy Institute
Experience

Representative Experience

Representative Cases

  • Represented real estate owners and managers in the bankruptcy cases of their tenants nationwide, including Cineworld (Regal), JCPenney, Forever 21, Sears/Kmart, Payless, Ascena (Ann Taylor, Lane Bryant, Justice, Lou & Grey), Chuck E. Cheese, Tailored Brands (Jos. A Bank, K&G, Men’s Wearhouse), A&P, J. Crew, Ruby Tuesday, Pier 1, Aèropostale, GNC, Toys “R” Us, Hertz, Guitar Center, Francesca’s, Brooks Brothers, Claire’s, Tops Friendly Markets, Gymboree, Stein Mart, Ignite Restaurant Group (Joe’s Crab Shack), Bon-Ton, Sports Authority, Modell’s, Southeastern Grocers (BI-LO, Winn Dixie), rue21, True Religion, BCBG, PacSun, New York & Company, Destination Maternity, Charming Charlie, Vitamin World, YouFit, Christopher & Banks, Bar Louie, Shopko, Charlotte Russe, Quiksilver, hhgregg, Avenue, A’Gaci, Vestis Retail Group, Eastern Outfitters, Sarar, Joyce Leslie, Innovative Mattress Solutions, Bon Worth, and Hancock Fabrics.

Retail and Restaurant Bankruptcy

  • Successfully pursued post-bankruptcy lease obligations from defaulting debtor-tenants.
  • 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.
  • Handled cure negotiations resulting in over $750,000 in payments, including attorneys’ fees, from one debtor covering five leases.
  • Achieved significant improvements to bidding procedures for the sale of debtors’ assets following objections and/or negotiations.
  • Negotiated a successful resolution while defending an adversary proceeding filed against a landlord to recoup an alleged tax overpayment.
  • Filed motions to lift the automatic stay to allow creditors’ pursuit of debtors outside of bankruptcy court.
  • Successfully defended objections to filed claims in the post-plan confirmation phase.
  • Used pre-trial discovery to prevent and condition the assignment of clients’ leases by prospective assignees on adequate assurance grounds.
  • 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.
  • Procured the return of a liquor license owned by the landlord through a complex corporate structure.

Bankruptcy

  • 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.
  • 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.
  • Handled all day-to-day matters for Chapter 7 trustees, including facilitating the Section 363 sale process, pursuing avoidance actions, preparing Rule 9019 motions, attending hearings and Section 341 meetings, analyzing and objecting to proofs of claim, and recovering property of the estate.
  • Represented several law firms as creditors in a US Bankruptcy Court for the Southern District of New York mega case.

Commercial Litigation

  • Obtained numerous orders for eviction and monetary damages for commercial landlords of shopping centers and office buildings.
  • Advised the receiver of a 233,000 sq. ft. office building in Somerset County, New Jersey.

Prior Experience

  • Kelley Drye & Warren, LLP, Associate
  • LaMonica Herbst & Maniscalco, LLP, Associate

Selected Honors

  • Selected to Super Lawyers New York Metro Rising Stars: Bankruptcy: Business, 2022
  • Best Lawyers: Ones to Watch in America™: Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2023
Knowledge

Selected Speaking Engagements

  • ICSC US Law Conference, “To Collect or Not to Collect: That Is the Question (for Landlords When Their Tenants File for Bankruptcy),” Moderator
  • Bankruptcy Court for the Eastern District of New York, “Nuts and Bolts of Bankruptcy Procedure"

Selected Publications & Media

Selected Alerts & Blog Posts

Featured Media

Alerts

ADA Accessibility Lawsuits: Several New "Tester" Plaintiffs—Celeste Edwards, Erick Gathers, Stephen Giannaros, and Arnold Vargas—Targeting Businesses in Recent Flurry of Federal Lawsuits in Massachusetts

Alerts

Northern Long-Eared Bat Granted Federal Endangered Status

Alerts

USFWS Proposes Revision to African Elephant 4(d) Rule

Alerts

Red Flags That a Company May Be in Financial Trouble, Part 2

Alerts

NYS Governor Hochul Signs Bill Requiring Posting of Veterans' Benefits and Services

Alerts

Office of Cannabis Management Preview of NYS Adult-Use Cannabis Regulations

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