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Scott Cargill
Of Counsel

Roseland
Tel: 973.422.6508 | Fax: 973.422.6509


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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

  • In re G-I HOLDINGS, INC. f/k/a GAF Corporation, 327 B.R. 730, 45 (Bankr.D.N.J. 2005).





  • Using the "Safe Haror" Defense to Defeat Preference Claims
    Business Credit, May 2012
    Bruce Nathan, Scott Cargill

  • Using Public Information to Identify and React to the Early Warning Signs of a Financially Distressed Customer
    Business Credit, April 2012
    Bruce Nathan, Scott Cargill

  • Got Setoff Rights? Think Again
    Business Credit, March 2012
    Bruce Nathan, Scott Cargill

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  • On NACM.org, Bruce Nathan and Scott Cargill discuss the Lehman Brothers bankruptcy case., NACM ENews, 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

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    wonderfully talented team exercises brilliant judgment and undertakes the most thorough research to ensure nothing slips through the cracks
    – Chambers USA Guide




    Bankruptcy, Financial Reorganization & Creditors’ Rights


    Education

    New York University School of Law (J.D., 1998)
    Rutgers, The State University of New Jersey (B.S., 1995)




    New Jersey
    New York


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