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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

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.

Selected Memberships & Affiliations

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

Representative Experience

  • Represented real estate owners and managers in the bankruptcy cases of Forever 21, Sears/Kmart, Payless ShoeSource, A&P, Aèropostale, Toys “R” Us, Tops Friendly Markets, Gymboree, Ignite Restaurant Group (Joe’s Crab Shack), Bon-Ton, Sports Authority, Southeastern Grocers (BI-LO, Winn Dixie), rue21, BCBG, PacSun, Shopko, Charlotte Russe, Avenue, Destination Maternity, Sarar, Innovative Mattress Solutions, Bon Worth, Vestis, and Hancock Fabrics.
  • 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.
  • Successfully opposed portions of a motion to approve bidding procedures for a sale of assets.

Prior Experience

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

Featured Media

Alerts

New NYS Hemp Legislation Signed

Alerts

NY Green Bank and NY PSC: Energy Storage Updates

Alerts

House Judiciary Committee Advances MORE Act

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