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



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

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.
  • Represents landlords of 43 stores in Forever 21, Inc. bankruptcy cases.
  • Represents landlords of 31 stores in Destination Maternity Corporation bankruptcy cases.

Prior Experience

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

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


2022 Promises More Changes to Clean Water Act Regulations


SCOTUS Strikes Down OSHA Vaccinate-or-Test Rule, but Allows CMS Mandate to Proceed


New York State Appellate Court Grants Insurer's Motion to Rescind Policy Based on Misrepresentation in Application


Late Fees After Acceleration or Maturity


New York State Quietly Diverts $1.6 Billion in Federal Pandemic Funds to a Small Group of Large Home Care Providers


Standards for Emerging Contaminants Among Proposed Changes to NYS Department of Environmental Conservation's Site Cleanup Programs

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