Scott Bernstein
profile
profile

Location:

Roseland, NJ

Phone:

Email:

Mr. Bernstein, a counsel at Skolnick Legal Group, P.C., handles all types of litigation and creditors’ rights matters. His civil litigation practice entails a wide variety of commercial litigation matters in New Jersey and New York, including those pertaining to construction law, closely-held corporate entities and other types of contract disputes. Within the construction sector, Mr. Bernstein represents general contractors, sub-contractors, developers, suppliers, owners and design professionals in both litigation and transactional matters.
 
Scott has significant experience in bankruptcy, reorganization, foreclosure and insolvency matters. His practice includes both in-court and out-of-court restructurings and the rehabilitation of financially distressed businesses. He has represented corporate debtors, chapter 7 and 11 trustees, committees, financial institutions and private equity funds that are lenders and investors in financially troubled companies, buyers and sellers of distressed businesses, parties seeking to invest in and/or acquire the assets and businesses of financially troubled companies, and secured and unsecured creditors.

Scott's legal career commenced as a law clerk to the Honorable Robert E. Gerber of the United States Bankruptcy Court for the Southern District of New York. Prior to joining Skolnick Legal Group, P.C., he was general counsel of a closely-held company and affiliated with several regional law firms in New Jersey and New York. He has authored articles pertaining to litigation, bankruptcy, consumer finance and real estate law, and has lectured on those topics.

Scott received an undergraduate degree from the University of Michigan and a law degree from New York University School of Law. He is licensed to practice in the federal and state courts of Connecticut, New Jersey, New York, and Pennsylvania.

Experience

  • Counsel for numerous chapter 11 debtors, comprising both public and privately held companies, in a variety of industries, including retail, real estate, construction, healthcare, renewable energy, and mortgage servicing.
  • Represented secured and unsecured creditors in the chapter 11 cases of numerous national and international companies in a variety of industries, including manufacturing, construction, communications, real estate, healthcare, airlines, and financial services companies.
  • Prosecuted bankruptcy and commercial litigation matters for both plaintiffs and defendants involving contract, fraud, mortgages, judgment collection, declaratory judgment, injunctive relief, preference, fraudulent conveyance and breach of fiduciary duty actions.
  • Represented both lenders and borrowers in foreclosure actions.
  • Represented both lenders and guarantors in guaranty actions.
  • Advised purchasers of assets of distressed companies.
  • Negotiated and documented out-of-court restructurings on behalf of both debtors and secured or unsecured creditors.
  • Represented contractors seeking relief from the automatic stay under section 362 of the Bankruptcy Code in bankruptcy cases of developers and owners to continue state court actions to foreclose their mechanic’s liens.
  • Represented landlords seeking relief from the automatic stay under section 362 of the Bankruptcy Code in tenants’ bankruptcy cases to continue state court eviction actions.
  • Represented landlords seeking to compel assumption or rejection of their leases by bankrupt tenants.
  • Represented landlords seeking to enforce guaranties against tenants’ principals.
  • Co-counsel for numerous out of state law firms seeking knowledgeable, cost-efficient legal services in New York and New Jersey.

Representative Clients

  • Acquirer of the assets and operations of United Business Freight Forwarders in a bankruptcy proceeding filed in District of New Jersey.
  • Mortgage servicing company in its successful reorganization through a pre-packaged chapter 11 plan confirmed within 45 days of the filing of its bankruptcy petition in District of New Jersey.
  • Owner of a Medical office building in its reorganization through a chapter 11 plan confirmed in District of New Jersey.
  • Initial stage solar energy company in a chapter 11 case in District of New Jersey, which was voluntarily dismissed to enable an out of court workout.
  • Iconic Manhattan retailer in a Subchapter V case pending in Southern District of New York.
  • Petitioning creditors in an involuntary bankruptcy case filed against a manufacturer in District of New Jersey.
  • Petitioning creditors in an involuntary bankruptcy case filed against a packing delivery company in District of New Jersey.
  • Non-financial institution lender as a secured creditor in bankruptcy cases throughout New York and New Jersey.
  • Non-financial institutional lender in the enforcement of mortgages, guaranties and promissory notes throughout New York and New Jersey.
  • Chapter 7 Trustee in a fraudulent transfer action in the District of Delaware, which resulted in the recovery of millions of dollars for the benefit of the estate’s creditors.
  • Subcontractors and materialmen as creditors in bankruptcy proceedings of developers and general contractors.
  • Small businesses and individuals as defendants in avoidance actions in which chapter 7 trustees asserted chapter 5 causes of action to avoid and recover allegedly preferential and/or fraudulent transfers.
  • Landlords in chapter 11 and 7 bankruptcy cases filed by their tenants.

Honors & Awards

  • Recipient of 14th Annual Turnaround Award for Restructuring of the Year ($10MM to $25MM) from The M&A Advisor.
Construction Law
Construction Law & Litigation

We possess an in-depth understanding of construction laws, procedures and contracts, and are equipped to resolve disputes involving code violations, public bidding issues and more.

 Business Litigation
Business Litigation

From breach of contract to shareholder, partner or third-party disputes, we help individuals find solutions to a wide range of business matters.

Real Estate Litigation
Real Estate Litigation

Our attorneys routinely resolve title disputes, land use, easement and property line conflicts, development issues and more.

Real Estate Litigation

Business Bankruptcy

When financial problems arise, we help business owners determine if bankruptcy is the best option, and if so, which form of bankruptcy is optimal.