Scott Cargill Of Counsel

New Jersey
T 973.422.6508 | F 973.422.6509



Scott Cargill has a wealth of experience navigating complex insolvency issues and has been involved in some of the largest corporate restructuring cases in the country. Scott has represented the interests of creditors’ committees, investor groups, financial institutions and debtors in numerous restructuring and insolvency proceedings in bankruptcy courts. He has advised clients on complex issues including the auction and sale of debtor assets, setoff rights, preference and fraudulent transfer liability issues, substantive consolidation and employee retention programs. He has also represented parties in connection with negotiations over the purchase and sale of claims in insolvency proceedings.

Most recently, Scott represented customers and creditors in the multibillion dollar liquidations of Lehman Brothers and MF Global, which involved novel and complex issues concerning the intersection between bankruptcy law applicable in Chapter 11 cases and the law governing the liquidation of business entities under the Securities Investor Protection Act of 1970 (SIPA).

Scott has lectured on numerous bankruptcy and insolvency-related issues for industry credit groups and professional organizations across the country, discussing topics including trends in Chapter 11 cases, preference liability issues, litigation tactics in insolvency proceedings, the intersection between the Bankruptcy Code and the Uniform Commercial Code, and obligations relating to service on creditors' committees. He is a frequent contributor to periodicals published by the National Association of Credit Management and the American Bankruptcy Institute on topics ranging from the “safe harbor” provisions of the Bankruptcy Code to emerging issues concerning the purchase and sale of bankruptcy claims.


Representative Engagements

Represented creditor and customer interests in the liquidations of Lehman Brothers and MF Global.
Advising a financial institution on the enforceability of customer contract provisions in the event its customer files for bankruptcy protection.
Counseling investment funds on the purchase and sale of claims in Chapter 11 and SIPA cases.
View More...

Publications

Another Court Rules Electricity is a 'Good' Entitled to Bankruptcy Code Priority
NACM eNews, February 10, 2017
Bruce Nathan, Scott Cargill
Purchasing Claims Free and Clear of a Debtor’s Defenses
American Bankruptcy Institute Journal, October 2016
Bruce Nathan, Scott Cargill
Spotting the Sinking Ships
The Financial Manager, March/April 2016
Bruce Nathan, Kenneth Rosen, Scott Cargill
View More...

Press Mentions

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
View More...

Related Areas

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 )

Bar Admissions


New York
New Jersey