Barclay Damon
Barclay Damon

Scott 
     Fleischer

Scott Fleischer

Counsel

p: 212.784.5810

f: 212.784.5799

icon_email sfleischer@barclaydamon.com
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New York Office

Suite 600
1270 Avenue of the Americas
New York, New York 10020

Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202


p: 315-425-2700
f: 315-425-2701

Scott primarily focuses his practice on representing national real estate owners and managers in retail and restaurant bankruptcy cases. He has extensive experience advising creditors’ committees, debtor affiliates, individual creditors, and other constituents in complex Chapter 11 cases, representing them throughout negotiations and at hearings. Scott has also handled Chapter 7 cases by assisting panel trustees with day-to-day matters such as Section 363 sales, Rule 9019 motions, avoidance actions, and Section 341 meetings.

Representative Experience

  • Represented real estate owners and managers in the bankruptcy cases of Sears/Kmart, Payless ShoeSource, A&P, Toys “R” Us, Tops Friendly Markets, Ignite Restaurant Group (Joe’s Crab Shack), Bon-Ton, Sports Authority, and Southeastern Grocers.
  • 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.

Practice Areas

Education

  • Hofstra University, J.D., cum laude; Hofstra Law Review, Senior Associate Editor
  • Syracuse University, B.A., cum laude

Admitted To Practice

  • New York
  • New Jersey
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, District of New Jersey
  • U.S. Court of Appeals, 2nd Circuit

Memberships & Affiliations

  • American Bankruptcy Institute
  • International Council of Shopping Centers, 2019 Next Generation Planning Committee Member

Speaking & Publications

Prior Experience

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