Scott Shelley

Notable representations:

• Advised international property management company in connection with bridge loan and distressed asset sale
• Represented senior secured creditor in connection with private sale of the intellectual property and customer-related assets of Jenny Craig weight-loss centers in chapter 7 bankruptcy proceeding
  
• Represented Compute North (manufacturer of Bitcoin mining facilities) as debtor-in-possession in connection with its chapter 11 bankruptcy case
  
• Represented secured creditor in connection with partial strict foreclosure of residual assets of oil and gas field services company
  
• Advised agent for secured lenders in connection with work-out negotiations and sale of debt of Partners Pharmacy
  
• Represented Cypress Environmental (pipeline inspection company) as debtor-in-possession in connection with its prepackaged chapter 11 bankruptcy
  
• Represented financial institution in connection with its post-chapter 11 wind down and dissolution of corporate entities
  
• Provided bankruptcy and insolvency advice to major financial institution to assist in structuring >$500 million international loan transaction involving synthetic share pledge over cruise line company
  
• Advised secured creditor in connection with assignment for the benefit of creditors and liquidation of assets of regional trucking company, including defending against an involuntary bankruptcy filing
  
• Represented secured lender in connection with chapter 11 acquisition of Ruby Tuesday restaurant chain
  
• Represented Cred Inc. (Bitcoin exchange) as debtor-in-possession in its chapter 11 bankruptcy
  
• Represented Cinemex dine-in movie theater chain as debtor-in-possession in its chapter 11 reorganization
  
• Represented joint liquidators of Kingate (BVI Madoff feeder fund) in connection with U.S. litigation issues and chapter 11 filing in SDNY
  
• Represented Avianca Brazil airline in its chapter 15 bankruptcy proceedings in SDNY
  
• Advised major Brazilian construction and engineering company in connection with various out-of-court restructuring matters, including complex forbearance agreement related to $600 million term loan

Certain of the above matters were handled by Scott prior to joining DLA Piper LLP (US).

Scott has served as Legal Counsel to a 501(c)(7) not-for-profit social organization since 2015.  Other pro bono engagements include:

• Represented a member of Afghan Female Tactical Platoon in connection with U.S.
  asylum application
• Assisted a legal services organization in compiling a manual concerning amicus curiae filing requirements in various states, to assist pro se litigants
• Through legal services organizations, assisted artists and musicians with a variety of legal matters and assisted indigent clients in obtaining uncontested divorces.

• “Delaware District Court Sheds Light on Standards for Dismissal of Chapter 11 Case Based on Bad Faith,” Pratt's Journal of Bankruptcy Law, [publication pending] (co-author with Robert Klyman)
• “Mercon Coffee Ch. 11 Ruling Shows Insider Releases' Limits,” Law360, August 12, 2024 (co-author with Robert Klyman)
• "Understanding Exculpation in Chapter 11," Pratt's Journal of Bankruptcy Law, September 2023
• "What’s Done Is Done: Bankruptcy Court Rejects Attempt to Reopen Chapter 11 Case to Reallocate Value – 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
• "Third Circuit Affirms Rule Against Triangular Setoff In Bankruptcy," International Corporate Rescue, May 2021
• "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 US Bankruptcy Code Helps Brazilian Debtors Reorganise," (In re Oi, S.A., 587 BR 253 (Bankr. SDNY)), International Corporate Rescue, December 2018
• "Move It On Over: Intentional Prepetition COMI Shift Does Not Preclude Chapter 15 Recognition," (In re Ocean Rig UDW Inc., 570 B.R. 687 (Bankr. S.D.N.Y. 2017)), International Corporate Rescue, February 2018
• "Bankruptcy Court Rejects Extraterritorial Application of U.S. Avoidance Statute," (Ampal-American Israel Corp. v. Goldfarb Seligman & Co. (In re Ampal-American Israel Corp.), 562 B.R. 601 (Bankr. S.D.N.Y. 2017)), International Corporate Rescue, August 2017
• "Bankruptcy Court Sale Order Not Binding on Ignition Switch Claimants Who Did Not Receive Proper Notice – In the Matter of: Motors Liquidation Company," 2016 WL 3766237, International Corporate Rescue, November 2106
• "Professional Fees Incurred Defending Fee Applications Not Compensable Under US Bankruptcy Code – Baker Botts L.L.P. v. Asarco, LLC, " 135 S.Ct. 2158 (2015), International Corporate Rescue, January 2106 
• "Second Circuit Constrains Doctrine of Comity: Krys v Farnum Place, LLC," (In re Fairfield Sentry Limited), 768 F.3d 239 (2d Cir. 2014), International Corporate Rescue, November 2015