Overview
Scott Shelley is Of Counsel in the Financial Restructuring Group, based in the firm's New York office. He has significant experience representing financial institutions and distressed companies in numerous large and complex bankruptcy cases and out-of-court restructurings. Mr. Shelley's practice involves all aspects of financial restructuring, including DIP financing, asset sales, and plan formulation in chapter 11 proceedings, as well as assisting clients structure transactions to avoid or minimize risks associated with insolvency. Mr. Shelley also has extensive experience in chapter 15 bankruptcy cases and other cross-border insolvency proceedings.
Education
- Seton Hall University School of Law, J.D. (cum laude), 1993
- Middlebury College, B.A., 1987
Representations
- Jefferies Finance LLC, as administrative agent and collateral agent for the DIP Lenders to Revlon Consumer Products Corporation
- Cypress Environmental (pipeline inspection company) in connection with its prepackaged chapter 11 bankruptcy
- Medley Capital in connection with its post-chapter 11 wind down and dissolution of corporate entities
- Major financial institution in structuring international transaction involving synthetic share pledge
- Secured Lender in connection with partial strict foreclosure of remaining assets of 1845 Oil Field Services o.
- Secured Lender in connection with acquisition of Macaroni Grill restaurants via assignment for the benefit of creditors
- Secured Lender in connection with liquidation of regional trucking company via assignment for the benefit of creditors
- Secured lender in connection with chapter 11 acquisition of Ruby Tuesday restaurant chain
- Cinemex Theaters in its chapter 11 reorganization
- Brazilian airline (Avianca Brazil / Oceanair) in its chapter 15 bankruptcy proceedings
- Secured Lender in connection with chapter 11 bankruptcy of AOG Media (American Idol)
- Major Brazilian construction and engineering company in out-of-court workout of loan obligations.
Engagement & Publications
- "What's Done Is Done: Bankruptcy Court Rejects Attempt to Reopen Chapter 11 Case to Reallocate Valu – In re NorthEast Gas Generation, LLC (Bankr. D Del)," International Corporate Rescue, May 2022
- "Second Circuit Rejects Willful Blindness Standard in Madoff Fraudulent Conveyance Litigation: In re Bernard L. Madoff Securities LLC, 2021 WL 3854761 (2d Cir)," International Corporate Rescue, December 2021
- "Chapter 15 Court Clarifies Procedures for Seeking to Vacate Recognition: In re Foreign Economic Industrial Bank Ltd. And In re Larisa Markus, 2019 WL 4943752 (Bankr. SDNY)," International Corporate Rescue, January 2020
- "Chapter 15 Court Balances Competing Comity Concerns and Grants Conditional Approval of Croatian Restructuring Plan (In re Agrokor, 2018 WL 5298403 (Bankr. SDNY))," International Corporate Rescue, January 2019
- "Innovative Use of Chapter 15 of U.S. Bankruptcy Code Helps Brazilian Debtors Reorganise (In re Oi, S.A., 587 BR 253 (Bankr. SDNY))," International Corporate Rescue, December 2018
Involvement
- Pro Bono: Legal Counsel to member of Afghan Female Tactical Platoon in connection with U.S. asylum application
- Pro Bono: Legal Counsel to 501(c)(7) not-for-profit social club.