Overview

Scott's primary focus is the representation of secured and unsecured creditors and debtors in Chapter 11 proceedings, as well as providing first chair representation of creditors and debtors in out of court workouts and business reorganization litigation.

Scott also has expertise in representing clients in connection with assignments for the benefit of creditors. Scott has also represented several purchasers of assets in distressed asset sales in both Chapter 11 proceedings and other insolvency proceedings. Scott has represented clients in a wide range of industries, including financial services, banking, manufacturing, automotive, restaurant, retail and real estate.

Experience
Secured Lender Representation
  • Family Christian, LLC (Western District of Michigan). Representation of senior lender in chapter 11 case of nationwide religious bookstore and its affiliates.
  • Family Christian Stores, LLC (Delaware Chancery Court). Representation of senior lender in assignment for the benefit of creditors of nationwide religious bookstore.
  • ILG, Inc. (Northern District of Georgia). Representation of secured equipment finance lender in the chapter 11 case of a trucking company.
  • Valco Scaffold (Northern District of Ohio). Representation of secured lender in the chapter 11 case of a scaffolding company and the subsequent Bankruptcy Code Section 363 sale of the company’s assets.
  • South Franklin Circle (Northern District of Ohio). Representation of administrative agent and secured lender in the Chapter 11 case of a continuing care retirement community.
  • Sturtz Machinery, Inc. (Northern District of Ohio). Representation of secured lender in federal district court in equipment/fixture dispute.
  • Witmer’s Feed and Grain, Inc. (Mahoning County, Ohio Court of Common Pleas). Representation of secured creditor in connection with motion to intervene and marshaling of liens dispute.
  • Universal Understanding Inc. (Duval County, Florida Circuit Court). Representation of secured lender’s interest in assignment for the benefit of creditors involving government contract-related dispute.
  • Representation of secured lender in out-of-court workout involving multi-state restaurant group.
  • Representation of secured lender in out-of-court workout involving injection molding company.
  • Representation of agent and secured lender in out-of-court workout involving manufacturer of tunnel boring equipment.
  • Representation of secured lender in an out-of-court workout involving a digital printing business and subsequent secured party sale transaction.
  • Representation of Ohio community bank in various workouts and bankruptcy proceedings.
Creditor Rights/Sales Transactions
  • Eastman Kodak Company (Southern District of New York). Representation of creditor and former related entity of Eastman Kodak in connection with asserting intellectual property rights and ownership to certain equipment.
  • Montreal Maine & Atlantic Railway Ltd. (District of Maine). Representation of rail line creditor in connection with (i) resolution of resulting trust dispute that arose out of parties’ course of dealing and (ii) debtor’s sale of assets.
  • Valley Forge Composite Technologies, Inc. (Middle District of Pennsylvania). Representation of unsecured creditor in challenging debtor’s attempt to obtain post-petition financing and assert creditor’s rights in bankruptcy proceeding.
  • Senco Products (Southern District of Ohio). Representation of Spanish company that manufactures agricultural tools in the bankruptcy of its unrelated U.S. distributor and successfully renegotiating terms of a distributor agreement, which included a significant cure payment for the client.
  • Lumber Products (District of Oregon). Representation of door manufacturer in defense of preference action and assertion of Bankruptcy Code Section 503(b)(9) administrative expense claim.
  • Delamore Elizabeth Place (Southern District of Ohio). Representation of nursing care provider in successful negotiation of nursing home lease with the landlord, which had filed a chapter 11 bankruptcy.
  • Great Lakes Comnet, Inc. et.al. (Western District of Michigan). Representation of stalking horse bidder/winning bidder in 363 sale.
  • Constellation Enterprises, et.al. (District of Delaware). Representation of winning bidder in 363 sale.
  • Representation of automobile dealer in negotiation and settlement with former owner of company.
  • Representation of metal supplier in federal district court to recover outstanding amounts owed by one of its customers.
Assignment for the Benefit of Creditors/Receiverships
  • Bloxr Corporation (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors in connection with company that manufactures radiation protective products in the health care, dental, veterinary, and nuclear industries.
  • Aureon Biosciences, Inc. (Delaware Chancery Court). Representation of an assignee in an assignment for the benefit of creditors and subsequent liquidation of a life science company specializing in predictive and personalized cancer treatment options.
  • Danotek Motion Technologies, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors in connection with a developer of energy conversion systems for wind energy and industrial markets.
  • Nimble TV, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors in connection with the developer of technology in the cable television industry. 
  • Oberon Media, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors for a developer of interactive video games and digital content.
  • WorkWell Systems, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors for a provider in musculoskeletal wellness and soft tissue illness treatment and prevention solutions to employers.
  • Zadspace, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors for a provider of advertising material.
  • Click Security, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors for a provider of security analytics to enterprises. 
  • Make Meaning, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of for an operator of make-your-own crafts entertainment centers.
  • Organic Motion, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors for a developer of markerless motion capture software and systems. 
  • Q Factor, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors for a provider of a mobile delivery network software development kit.
  • JackThreads, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors for an online clothing retailer.
  • LeisureLink, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors in connection with assignment for the benefit of creditors for a vacation rental distributor.
  • Digital Signal Corporation, Inc. (Delaware Chancery Court). Representation of assignee in assignment for the benefit of creditors for a developer of three-dimensional long-range facial recognition technology. 
  • First Federal of Lakewood v. Bowdouris (Cuyahoga County Common Pleas Court). Representation of receiver in connection with the administering of an estate that includes an apartment complex.
Debtor Representation
  • Forward Foods, LLC (District of Delaware). Representation of manufacturer of protein bars in company's Chapter 11 bankruptcy and successfully implemented the company's plan of reorganization.
  • Representation of commercial and defense contractor in out-of-court workout with lender and bonding company.
  • Representation of a wholesale automobile dealer in an out of court workout with its lender and negotiating a favorable resolution that enabled the automobile dealer to successfully reorganize its operations.
  • Representation of embedded computer systems designer and manufacturer in an out of court workout with its lender and successfully negotiated and obtained alternative lending facility for company.
  • Implementation of a successful creditor composition plan for a residential home builder.
  • Representation of computer hardware and consumer electrical distributor in restructuring of business operations.
Publications
  • "The ABCs of an ABC – An 'Assignment for the Benefit of Creditors' Provides an Alternative to Bankruptcy," The New York Law Journal, March 2013
  • "To Possess or Not to Possess: The Lessons to Take Away from Kemp v. Countryside," ABI Journal, September 2011
  • Co-author, "Can Motown Go Mainstream?", 2010
  • "Big Government: Is U.S. Dept. of Treasury Overreaching as DIP Lender?", 2009
Presentations
  • Federal Bar Association (Western District of Michigan – Bankruptcy Section) 2017 Seminar-panelist representing secured lender as part of cash collateral mock trial
  • “Ohio Receivership Law: A Thing of the Past and Future” presentation given to secured lender, March 2015
  • "Assignment for the Benefit of Creditors-Why they are a useful bankruptcy alternative!" US Law Firm Group/Business Reorganization Section, 2014
  • "Claims Process in Bankruptcy," Cleveland Metropolitan Bar Association's Introduction to Chapter 11 of the Bankruptcy Code, 2012
  • Moderator, panel on bankruptcy alternatives, Turnaround Management Association/Cleveland Metropolitan Bar Association Joint Education Seminar, 2011
  • "Avoiding litigation risks: Strategies for Communication, Pursuing Guarantor and Effective Use of Litigation Holds," Presentation given to various secured lenders. 
Distinctions
  • Selected for repeated inclusion in Super Lawyers as an Ohio Super Lawyer Rising Star
  • Selected for inclusion in The Best Lawyers in America, 2016 to 2019
Professional and Civic

Professional Associations

  • Cleveland Metropolitan Bar Association
  • Ohio State Bar Association
  • American Bar Association
  • Turnaround Management Association

Professional Activities

  • Turnaround Management Association, Cleveland Metropolitan Bar Association Joint Education Seminar, co-chair, 2011
  • William J. O'Neill Great Lakes Regional Bankruptcy Institute Planning Committee, 2012 to 2014

 Community Activities

  • Young Audiences, board member, 2009 to 2012
  • Young Leadership Division of Jewish National Federation, board member, 2010 to 2013
  • Orange School Foundation, board member, 2008 to 2011
  • Cleveland Leadership Institute, 2010
  • Park Synagogue Board of Trustees, current