Overview

Scott is a member of the Strategic Advisory and Restructuring Department, concentrating his practice in the areas of bankruptcy (primarily Chapter 11 reorganizations), business counseling and strategic advisory services, commercial law and creditors’ rights, workouts, Uniform Commercial Code transactions, distressed mergers and acquisition, and receiverships (both state and federal). 

Scott is also chair of the firm's Franchise, Licensing and Distribution Practice Group. He facilitates franchise and distribution relationships. Scott’s clients include both franchisors and franchisees. He frequently counsels clients concerning franchise law, franchise agreements, franchise disclosure documents, long-term contracts, and licensing agreements. Scott has extensive experience in the restaurant industry.

Additionally, Scott is the former chair of McDonald Hopkins' Professional Development Committee.

Scott earned a J.D. from Cleveland State University College of Law in 1994. He received a B.A. from the University of Akron in 1991. Scott is licensed to practice in the state courts in Ohio, in various United States District Courts, and the Sixth Circuit Court of Appeals.

Chambers USA ranks Scott as a leader in the field of Bankruptcy/Restructuring. Chambers notes that he “receives plaudits for his deep experience in advising distressed businesses, creditors and financial institutions on bankruptcy issues. His practice sees him regularly handle issues such as transactional work, refinancing mandates and corporate restructurings.” "A known thought-leader." "He is very practical and deal-oriented."

Representative Cases & Matters

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

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

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

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, secured party sales, and taking other actions under the Uniform Commercial Code.

Recent Secured Party Sales

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.

Honors & Recognition

Named leader in Ohio Bankruptcy/Restructuring - Chambers USA (2012-2023)

Named one of the Best Lawyers in America (2022-2024)

Selected for inclusion in Ohio Super Lawyers (2010, 2012-2023)

Selected for inclusion in Ohio Rising Stars (2006)

Named leader in Ohio Bankruptcy/Restructuring - Chambers USA (2012-2021)

Credentials

Education

Cleveland State University College of Law

University of Akron

Admissions – Court

Admissions – State

Professional & Civic

Professional Activities

Cleveland Metropolitan Bar Association (2012 Chair of the Commercial and Bankruptcy Law Section, Chair of 2009 Chapter 11 Seminar)

Turnaround Management Association, President of the Ohio Chapter (2015-2016), past Ohio Board Member and National Board Member

Ohio State Bar Association (Council of Delegates 2000-2004 and 2004-2006) 

International Franchise Association

Community Involvement

Holy Name High School, Chair of the Board of Advisors and Board of Advisors Member, Chair of Strategic Planning and Development Initiative

News & Insights

External News & Publications

Author, "The Challenges of Restructuring Continuing Care Retirement Communities," Turnaround Management Association Newsletter, April 2012

Co-Author, "Identifying Restructuring Concerns for Troubled Franchisees," Turnaround Management Association Newsletter, June 2010

Co-Author, "The ISDA Agreement - Key Document Considerations in Today's Market," The RMA Journal, December 2009

Author, "Swap Agreements, Forward Contracts and the Bankruptcy Code Provisions That Apply to Them," Turnaround Management Association Newsletter, June 2009

Author, “The Bankruptcy Reform Act Two Years Later,” Cleveland Bar Journal, February 2008

Author, “Recent Changes to Ohio’s Mechanic’s Lien Laws,” Cleveland Bar Journal, October 2007

Co-author, “Sales Free and Clear and Real Property Interests,” Dow Jones Daily Bankruptcy Review, February 2007

Various blog articles and posts

Events

Speaking Engagements

“Turnaround Industry Outlook,” TMA MidAmerica Regional Conference, September 2021

“Workout Bankers Panel,” TMA Northern Ohio Chapter, April 2021

"TMA Ohio Bankers Panel," May 2020

“Golden Shares and Bankruptcy Remote Entities,” Cleveland Metropolitan Bar Association, October 2018

"Structured Dismissals and Chapter 11 Exit Strategies," Cleveland Metropolitan Bar Association, June 2016

"Treatment of Executory Contracts in Bankruptcy," Cleveland Metropolitan Bar Association, May 2012

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"Recent Court Cases Impacting Bankruptcy," Turnaround Management Association Meeting, March 2012

"Ethical Considerations in Pursuit of Client Representations," Cleveland Metropolitan Bar Association, May 2011

“Creditors' Remedies,” Ohio State Bar Association seminar, March 2011

“Negotiating Bankruptcies, Workouts, and Turnarounds,” Cleveland Metropolitan Bar Association and Turnaround Management Association program, November 2010

“Creditors' Remedies,” Ohio State Bar Association seminar, May 2010

“Representing the Average Creditor In and Out of Bankruptcy,” Ohio Bar Association seminar, November 2009

“Auto Dealers in Today’s Market: Where the Rubber (Leaves the Lot) and Meets the Road,” Turnaround Management Association Meeting, April 2009

“Alternatives to Bankruptcy,” Turnaround Management Association’s 12th Annual Business Workshop, December 2008

“Director Liability,” Turnaround Management Association’s 11th Annual Business Workshop, December 2007

“Representing the Average Creditor In and Out of Bankruptcy,” Ohio Bar Association seminar, May 2007

“Real Estate Interests That Are Impervious to Bankruptcy,” American Bankruptcy Institute’s Spring Conference, Washington, D.C., April 2007

“The Economy of 2007,” Turnaround Management Association’s 10th Annual Business Workshop, December 2006

“Representing the Average Creditor,” Ohio State Bar Association seminar, May 2006

“Significant Provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” National City Bank, Cleveland, Ohio, October 2005

“How Bankruptcy Impacts Workouts,” Cleveland Bar Association, Cleveland, Ohio, September 2005

“Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 -- Chapter 1,” Cleveland Bar Association, Cleveland, Ohio, July 2005

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