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Scott N. Schreiber

Member
Office

Chicago

130 E. Randolph St.
Suite 3900
Chicago, IL 60601
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Fax: 312.985.5984
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Practice Areas
Corporate Restructuring & Bankruptcy
Education
J.D., Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, Illinois, 1985
B.A., Michigan State University, East Lansing, Michigan, 1978
State Bar Licenses
Illinois
Court Admissions
U.S. District Ct., N.D. of Illinois
U.S. District Ct., E.D. of Wisconsin
U.S. District Ct., District of Colorado
Membership
American Bankruptcy Institute
Chicago Bar Association
Jewish National Fund
Makor Speakers Bureau
Turnaround Management Association
Super lawyers 2015

Scott N. Schreiber

Member

Scott N. Schreiber is co-leader of the firm’s Corporate Restructuring and Bankruptcy practice group. Scott has served as lead counsel to business debtors, creditors, creditors’ committees and equity holders in a wide range of bankruptcy matters, including domestic and international bankruptcy and insolvency proceedings, and out-of-court workouts.

Scott has extensive experience in bankruptcy preferential transfer, fraudulent conveyance litigation and shareholder disputes. He also represents clients in transactional matters where the focus has been on acquiring assets out of bankruptcies and other distressed situations, and he has been appointed liquidating trustee under confirmed plans of reorganization. Scott is also general counsel to national trade credit groups where he advises the members on creditor protection issues.

In 1993, Scott was named to the select group of attorneys certified as business bankruptcy specialists by the American Bankruptcy Board of Certification of the American Bankruptcy Institute. Scott was the first Chicago attorney to have achieved certification as a business bankruptcy specialist.

Scott is an active speaker on bankruptcy and creditors’ rights topics, appearing before a variety of professional organizations and at meetings of credit professionals. He is a member of the Turnaround Management Association, American Bankruptcy Institute and the Chicago Bar Association.

Scott is the author of a number of journal articles, as well as “Customers in Financial Difficulty,” a chapter of the handbook titled Advising Illinois Financial Institutions, which is published by the Illinois Institute for Continuing Legal Education.

While in law school, he was a member of the Chicago-Kent Law Review. Before entering private practice, Scott clerked for Chief Judge John D. Schwartz of the U.S. Bankruptcy Court for the Northern District of Illinois.

Scott is a member of the Board of Trustees and National Board of Directors of the Jewish National Fund. He is also the former Midwestern Regional President and the past President of the Board for the Chicago region of the JNF. Scott is also a member of its Makor Speakers Bureau, a member of JNF’s Budget and Finance Committee, and Vice President of Missions.

Scott was selected by Illinois Super Lawyers in 2012-2017.

Presentations:

  • Presenter, “Bankruptcy 101 for Litigators” to the Civil Practice Committee of the Chicago Bar Association

Representative Matters:

As Counsel to Creditors and Equity Holders in Court Proceedings

  • In re POC Properties, LLC - representing the equity holders in this Chapter 11 case.
  • In re AppleIllinois, Inc. - represents the liquidating trustee under confirmed Chapter 11 plan.
  • In re Browns Chicken & Pasta – represented unsecured creditors committee in this regional fast food franchisor bankruptcy.
  • In Re Label Systems Inc. – represented unsecured creditors committee. Obtained 100% dividend for all creditors within six months of being retained.
  • In re Ventilex, USA - represented unsecured creditors committee. Debtor was the sales division of a foreign manufacturer. Negotiated settlement that ended 3-year dispute and obtained sizable dividend for creditors.
  • In re Proven Methods Seminars - represented the unsecured creditors committee.  Plan was confirmed 10 months after the case was filed.  Creditors received a 70% dividend and waiver of all avoidance actions.
  • In re Purely Cotton, Inc. - represented the unsecured creditors committee for this start-up manufacturer of cotton-based tissue paper.  Negotiated for the sale of intellectual property to an identified strategic buyer and created a fund to make an initial distribution in excess of 25% to the unsecured creditors.
  • In re Edgewater Medical Center - represented the unsecured creditors committee.  Negotiated a carve-out for unsecured creditors even though the secured creditor was not paid in full.
  • In re Pasteurized Eggs - represented the ad hoc Equity Committee where the principal asset of which was the company’s technology to pasteurize raw eggs.

As Counsel to Secured and Significant Lenders in Court Proceedings

  • In re Castle Cheese - representing pre-petition and DIP secured lender owed in excess of $7.0MM.
  • In re Not Really, et al. - represented pre-petition and DIP secured lender owed in excess of $10.0MM.
  • In re Duraco Products, Inc. - represented pre-petition and DIP secured lender in a $5.0MM facility.
  • In re PMB Hydra Screw, Inc. - represented pre-petition and DIP secured lender in a $3.0MM facility.
  • Nissan Motor Acceptance Corp. v. Gold Coast Infiniti - represented the floor plan lender.
  • In re Belvidere Bay LLC - represented the secured lender in this single asset Chapter 11 real estate case.
  • In re John Hubler Nissan - represented Nissan North America in this Chapter 11 bankruptcy case. 

As Counsel to Debtor in Court Proceedings 

  • In re Livemercial Aviation Holding LLC-  represented this aviation holding company in Chapter 11.
  • In re Pheasant Run Apartments, LP - represented this 190 unit apartment complex in Chapter 11.
  • In re RHC/Spacemaster Corporation - represented the fourth largest manufacturer in the back-room shelving industry with annual revenues exceeding $200 million.
  • In re Fleming Packaging - represented this leading manufacturer of pressure-sensitive labels catering to the wine and spirits industries with annual revenues of $60 million.
  • In re Telco Services - represented this manufacturer of communication transmission enclosures with annual revenues of $200 million per year.
  • In re Nedwick Steel Company/ American Steel Works - represented this specialty steel manufacturer.

As Counsel to Debtor in Out of Court Proceedings

  • Represented the publisher of nationally known magazine in an out of court debt restructuring.
  • Represented numerous residential home builders in restructuring their secured and unsecured debt obligations owed to numerous separate lending institutions with aggregate secured debt in excess of $400,000,000. 

As Counsel To Buyers of Assets From Distressed Situations

  • Buyers counsel in My Child’s Room (furniture store); In re Media Copy, Inc. (video reproduction company); In re Future Media, Inc. (video reproduction company); In re Rickel Home Centers (chain of home improvement stores); In re Archibald Candy Company (Fannie May Candy Company) (prospective buyer); In re United Homes (land and home developer) (prospective buyer);  In re Lake Shore Mazda (automobile dealership); In re Ben Franklin, Inc. (craft stores); In re H.I. Schaumburg Investment (200+ room Holiday Inn); Essex Crane Rental Corp. (supplier of crane rental and lifting services); In re Nanoink (technology company); Represented Assignee for the benefit of creditors in Power Plate North America (international manufacturer and distributor of specialized exercise equipment).
Experiences

As Buyer's Counsel in Distressed Situations, Essex Crane Rental Corp. (supplier of crane rental and lifting services)

In re Pheasant Run Apartments, LP - represented this 190 unit apartment complex in Chapter 11 case.

In re Nedwick Steel Company/ American Steel Works - represented this specialty steel manufacturer.

In re Telco Services - represented this manufacturer of communication transmission enclosures, with annual revenues of $200 million per year.

In re Livemercial Aviation Holding LLC - represented this aviation holding company in Chapter 11.

In re Purely Cotton, Inc.- represented the unsecured creditors committee for this start-up manufacturer of cotton-based tissue paper. Negotiated for the sale of intellectual property to an identified strategic buyer and created a fund to make an initial distribution in excess of 25% to the unsecured creditors.

In re Castle Cheese - representing pre-petition and DIP lender owed in excess of $7 MM.

In re Fleming Packaging - represented this leading manufacturer of pressure-sensitive labels catering to the wine and spirits industries with annual revenues of $60 million.

In re RHC/Spacemaster Corporation - represented the fourth largest manufacturer in the back-room shelving industry with annual revenues exceeding $200 million.

In re John Hubler Nissan - represented Nissan North America in this chapter 11 bankruptcy case. 

In re Not Really, et. al. - represented pre-petition and DIP lender owed in excess of $10.0 MM. 

Represented the publisher of nationally known magazine in an out of court debt restructuring. 

In re Bernadette Business Forms, Inc. - represented unsecured creditors committee in bankruptcy of manufacturer of business paper products.

Representing numerous residential home builders in restructuring their secured and unsecured debt obligations owed to numerous separate lending institutions with aggregate debt in excess of $400,000,000.

In re Sparrer Sausage Co., Inc. - represents unsecured creditors committee in the bankruptcy of manufacturing company, which liquidated its assets under section 363 of the bankruptcy code. 

In re Edgewater Medical Center - represented the unsecured creditors committee. Negotiated a carve-out for unsecured creditors even though the secured creditor was not paid in full.

In Re Label Systems Inc. - represented unsecured creditors committee. Obtained 100% dividend for all creditors within six months of being retained. 

In re Duraco Products, Inc. - represented pre-petition and DIP secured lender in a $5.0MM facility. 

Represented the buyers of assets of My Child’s Room (furniture store); In re Media Copy, Inc. (video reproduction company); In re Future Media, Inc. (video reproduction company); In re Rickel Home Centers (chain of home improvement stores); In re Archibald Candy Company (Fannie May Candy Company) (prospective buyer); In re United Homes (land and home developer) (prospective buyer); In re Lake Shore Mazda (automobile dealership); In re Ben Franklin, Inc. (craft stores); In re H.I. Schaumburg Investment (200+ room Holiday Inn); In re Nanoink (technology company); represented assignee for benefit of creditors (seller) in Power Plate North America (international manufacturer and distributor of specialty exercise equipment).

In re PMB Hydra Screw, Inc. - represented the secured lender with a blanket lien on all assets to secure a $3.0MM claim in this chapter 11 bankruptcy case. 

In re Belvidere Bay LLC - represented the secured lender in this single asset chapter 11 real estate case. 

In re Browns Chicken & Pasta - represented unsecured creditors committee in this regional fast food franchiser bankruptcy.

In re Pasteurized Eggs - represented the ad hoc Equity Committee. The principal asset of the company was its technology to pasteurize raw eggs. 

Nissan Motor Acceptance Corp. v. Gold Coast Infiniti - represented Nissan Motor Acceptance Corp., the floor plan lender. 

In re Proven Methods Seminars - represented the unsecured creditors committee. Plan was confirmed 10 months after the case was filed. Creditors received a 70% dividend and waiver of all avoidance actions. 

In re Ventilex, USA - represented unsecured creditors committee. Debtor was the sales division of a foreign manufacturer. Negotiated settlement that ended 3-year dispute and obtained sizable dividend for creditors. 

In re AppleIllinois - serves as chairman of the unsecured creditors committee. Debtor is owner of 34 Applebee franchises.