 |
Scott Cargill has extensive experience in bankruptcy courts throughout the country in matters concerning debtor and creditor rights. Mr. Cargill has represented debtors as well as individual creditors and creditors' committees in complex restructuring and insolvency proceedings. He recently concluded the representation of the official committee of unsecured creditors in the Chapter 11 bankruptcy proceeding of Interstate Bakeries Corporation, one of the largest producers of fresh baked goods in the United States. This multi-year engagement involved complex issues including the intersection of bankruptcy and labor law; preference and fraudulent transfer liability issues; the substantive consolidation of debtor estates; and employee retention programs.
Mr. Cargill's experience in other engagements includes:
- the representation of The Trump Organization in a competitive bidding process for the sale of real estate in Atlantic City, New Jersey;
- the representation of the official committee of asbestos claimants in a case involving a national manufacturer of building products;
- the representation of British Telecom defending a multi-million dollar preference and fraudulent transfer claim;
- the representation of a creditors' committee in the Chapter 11 case of a national snack cake manufacturer involving serious allegations of accounting irregularities and fraud.
Mr. Cargill has lectured on numerous insolvency topics for the New Jersey Institute of Continuing Education. He is also a frequent contributor to periodicals published by the National Association of Credit Management, the Credit Research Foundation and the American Bankruptcy Institute. He has presented lectures to dozens of credit groups and corporations across the country on numerous bankruptcy related issues, including the latest trends in Chapter 11 cases, preference liability issues, litigation tactics in insolvency proceedings; the intersection between the Bankruptcy Code and the Uniform Commercial Code; steps creditors can take to enhance their credit position; and obligations relating to service on creditors' committees.
Articles Quoting Scott Cargill
-
“Trump Trying to Buy Land He Already Owns,” Associated Press Online, Geoff Mulvihill, July 9, 2005
-
“Kitchen Etc. to Seek Liquidation OK,” The Deal, Soma Biswas, December 15, 2004
Published Opinions
|
Trade Creditor Remedies Manual: Trade Creditors’ Rights Under The UCC and the U.S. Bankruptcy Code
American Bankruptcy Institute, 2011
Bruce Nathan,
Scott Cargill
|
|
Everything You Need to Know About New Value as a Preference Defense, and More
The Credit and Financial Management Review, Second Quarter 2011
Bruce Nathan,
Scott Cargill,
David Banker
|
|
Does a Competing Plan Sponsor Have the Right to Assume, Assign or Reject a Debtor's Executory Contracts?
New Jersey Law Journal, January 24, 2011
Scott Cargill,
Beth Williams
|
View More...
|
On NACM.org, Bruce Nathan and Scott Cargill discuss the Lehman Brothers bankruptcy case.,
NACM.org, December 8, 2011
|
|
Scott Cargill discusses bankruptcy attorneys' actions to improve creditor recoveries in the current recession.,
Wall Street Journal, March 31, 2010
|
|
Scott Cargill and David Banker comment on the increase in Chapter 11 filings and failures to reorganize during the recession.,
Floor Covering Weekly, January 25, 2010
|
View More...
|
|
 |
New York University School of Law
(J.D., 1998)
|
|
Rutgers, The State University of New Jersey
(B.S., 1995)
|
|
New Jersey
|
|
New York
|
| |