Scott N. Opincar

Reported Cases

In re Pittsburgh-Canfield Corporation, 305 B.R. 688 (Bankr. N.D. Ohio 2003); affirmed by Yenkin-Majestic Paint Corporation v. Wheeling Pittsburgh Steel Corporation, 309 B.R. 277 (B.A.P. 6th Cir. 2004)

Interstate Gas Supply, Inc. v. Wheeling Pittsburgh Steel Corporation, 283 B.R. 231 (Bankr. N.D. Ohio 2002)

Experience

Representation of Companies, Secured Lenders, Trustees, and Creditors’ Committees in Chapter 11 Bankruptcy Cases in the following industries

Metals/Steel

Wheeling-Pittsburgh Steel Corporation, manufacturer of flat rolled, semi-finished, and hot-rolled steel products for a variety of industries (Debtors’ Counsel)

Republic Engineered Products, leading manufacturer of specialty bar quality steel bars and other engineered products (Debtors’ counsel)

Barzel Industries, manufacturer of steel products with 15 facilities in the U.S. and Canada (Counsel to the Creditors’ Committee)

Empire Die Casting, provider of aluminum die castings and machining (Counsel to DIP Lender)

Auburn Metals Processing, a scrap and metals separation provider (Counsel to Secured Lender)

Auto

Gissing North America, Tier I automotive parts supplier (Counsel to the DIP Lenders and Prepetition Lenders)

Devlieg Bullard II, aftermarket supplier and distributor of auto parts (Debtor’s Counsel)

B&C Corporation, tier I and II automotive parts supplier, castings and forgings (Counsel to Creditors’ Committee)

Amcast Industrial, leading cast aluminum wheel manufacturer to the auto industry (Counsel to the Creditors’ Committee)

Federal Forge, Tier II automotive supplier, castings and forgings (Counsel to the Creditors’ Committee)

FormTech Industries, Tier I and II automotive supplier, casting and forgings (Counsel to the Creditors’ Committee)

ProCare Automotive Solutions, 82 service and repair locations (Counsel for the Creditors’ Committee)

Jernberg Industries, leading manufacturer of highly engineered parts for various power-train and wheel-end applications (Counsel for the Creditor’s Committee)

Excello Engineered Systems, Tier I supplier of die cut, molded, and laminated watershields for the automotive industry (Counsel for the Creditors’ Committee)

Johnson Rubber Company, Tier I and II automotive parts supplier (Counsel to Equipment Lessor)

Franchise

BurgerFi International Inc, and Anthony's Coal Fired Pizza (Counsel to Creditors Committee)

Counsel to Franchisee of 100+ Units of a National Pizza Chain

Generation Next Franchise Brands, franchisor of automated food vending machines (Debtor’s Counsel)

Quaker Steak and Lube, owner, operator, and franchisor of over 65 casual dining restaurants (Debtors’ Counsel) operating in 20 states and in Canada

Duke and King Acquisition, franchisee of 92 Burger King restaurants (Debtors' Counsel)

Unique Ventures Group, franchisee of 28 Perkins restaurants (Counsel to Chapter 11 Trustee)

AppleILLINOIS, franchisee of 33 Applebee’s restaurants in Illinois (Counsel to the DIP Lender and Pre-Petition Secured Lender)

Counsel to various bidders/purchasers in sales of restaurant chains in bankruptcy cases throughout the country

Healthcare

Meredith Bay Colony Club - Continuing Care Retirement Community (Counsel to Trustee)

Nashville Senior Care, a group of senior living facilities in Florida, Ohio and Tennessee (Counsel to the Debtors)

Franciscan Communities St. Mary of the Woods, a continuing care retirement community (Counsel to the Creditors’ Committee)

Elements Behavioral Health, leading operator of addiction and pain treatment facilities (Counsel for Purchaser and DIP Lender)

Royal Manor Management, an operator or assisted living and skilled nursing facilities (Counsel for Secured Lender)

Other Industries

Invacare Corporation - Global leader in the manufacture and distribution of innovative home and long-term care medical products (Debtors’ Counsel)

AmeriMark Interactive - leading direct marketer and seller of women's apparel, shoes, name-brand cosmetics, fragrances, jewelry, watches, and health-related merchandise (Debtors’ Counsel)

United Furniture -  One of the largest manufacturers of furniture, upholstery and case goods in the U.S., including the Lane brand (Counsel for the DIP Lender)

SG Blocks, publicly traded builder of modified shipping containers (Counsel to DIP Lender and Plan Sponsor)

FirstEnergy Solutions Corp, operator of multiple fossil and nuclear power generating facilities (Counsel to Ad Hoc Group of Pass Through Certificates)

Greystone Holdings, petroleum and trucking company (Debtors’ Counsel)

AFA Foods, ground beef processor with over $1 billion in annual revenue (Counsel to the Creditors’ Committee)

Suarez Corporation, a manufacturer and distributor of various consumer products (Counsel to the Creditors’ Committee)

Waco Scaffolding and Equipment, supplier of scaffolding and equipment (Counsel to the Creditors’ Committee)

U.S. Concrete, a concrete supplier to the construction industry (Counsel to the Creditors’ Committee)

Medina Glass Block, leading supplier of glass block products (Counsel to the Creditors’ Committee)

Whitlatch & Co., a homebuilder (Counsel to the Creditors’ Committee)

Ideal Electric Company, a supplier of electric motor and generator technology products (Counsel to the Creditors’ Committee)

Central Brass Manufacturing Company, a producer of solid brass faucets and fixture fittings (Counsel to the Creditors’ Committee)

GENVAC Aerospace, designer and supplier of high-performance thin film coatings (Counsel to the Creditors’ Committee)

Western Reserve, owner of multiple commercial real properties (Counsel for Secured Lender)

Crown Metal Finishing, provider of coatings and metal finishes (Counsel to Chapter 11 Examiner)

Representation of Receivers, Secured Lenders, and other parties in state and federal court receiverships

SEC v. Roger Bliss, ET AL, Federal Court Receivership (Counsel to Receiver)

Besse Forest Products - Sawmills and Lumberyard, Federal Court Receivership (Counsel to Secured Lender)

KeyBank National Association v. Davenport Aid Propco, et al., Counsel to the Receiver of 24 senior living facilities located in 8 states (Federal Court).

Sakthi Automotive Group, a leading Tier I auto supplier (Counsel to Secured Lender in a federal court receivership)

Dream Centers Education Holdings, for-profit colleges and universities (Counsel to Purchaser of Certain Assets)

Automatic Welding, a welding company (Counsel to the Receiver)

Cleveland Imported Groceries and Wines, food and wine distributor (Counsel to the Receiver)

Ohio Energy Specialties, an electricity broker (Counsel to the Receiver)

T&J Acceptance Corp., a J.D. Byrider franchisee (Counsel to the Receiver)

Columbia Prospect, an owner of real property formerly operated by a university (Counsel to the Receiver)

Arrow Machine Products Company, a manufacturer of screws and bolts (Counsel to the Receiver)

Computer Systems Company,  a software company (Counsel to the Receiver)

Whistlestop Restaurant (Counsel to the Receiver)

Melvin Waxman, case involved receivership property located in China and Hong Kong (Counsel to the Receiver)

Taylor Chair Company, an office furniture manufacturer (Counsel to the Purchaser)

Aurora Golf and Country Club, sale of golf course (Counsel to the Receiver)

Ravenna Aluminum, a manufacturer of aluminum products used in the auto industry (Counsel to the Company)

Comm Steel, a steel fabrication company (Counsel to the Secured Lender)

General Bag Corporation, manufacturer of bags used by the U.S. Postal Service (Counsel to the Secured Lender)

Lakeside Marine, boat broker and owner of marina (Counsel to the Secured Lender)

Lakeside Scrap Metals, scrap company (Counsel to the Secured Lender)

Mueller Electric Company, a manufacturer of electric clips and components (Counsel to Secured Lender)

Representation of institutional and direct lenders in workouts, secured party sales, and sales of debt

Scott represents financial institutions, secured lenders and other creditors in a variety of in-court and out-of-court workouts. He has extensive experience in formulating and implementing financial restructurings in bankruptcy-related matters and non-bankruptcy-related matters. Scott’s experience includes negotiating and documenting debtor-in-possession financing agreements, cash collateral agreements, structuring workout and forbearance agreements, prosecuting and defending state and federal court litigation actions, commencing receiverships, assignments for the benefit of creditors, secured party sales, and taking other actions under the Uniform Commercial Code.

Recent Secured Party Sales

Home Decor and Furniture Company

California based manufacturer of specialty consumer products with over $260 million of secured debt

California based farming equipment lender

Leading manufacturer of tool bending equipment for steel tubing

Furniture manufacturing company

Manufacturer and lessor of key cutting machinery

Electrical supply company

Manufacturer and distributor of commercial tarps

Leading manufacturer of tubular lighting poles

Fulfillment and distribution company with multiple locations

Representation of franchisors, franchisees, and other parties in franchise law matters

Scott counsels clients on franchise disclosure documents, franchise agreements, area development agreements, gift card programs, leases, financing transactions, licensing and trademark matters, royalty payments, franchise disputes, and distribution matters.  Scott has significant experience working with financially distressed franchisors and franchisees in workout and financial restructuring transactions. He has represented franchisors, franchisees, and buyers in numerous Chapter 11 bankruptcy cases throughout the country, with a particular focus on the restaurant industry. Scott also works with buyers and sellers of franchised businesses in traditional and financially distressed merger and acquisition transactions.