Scott Fleischer

Scott represented real estate owners and managers in the bankruptcy cases of these tenants nationwide:

Sleep Number, Saks Global, West Marine, Wren Kitchens, FATBrands, Eddie Bauer, Francesca's (2026), Painted Tree, American Signature Furniture, JOANN (2025), Claire's (2025), At Home, Big Lots, Rite Aid (2025), Franchise Group (Pet Supplies Plus, The Vitamin Shoppe, American Freight), Party City (2024), Container Store, TGI Fridays, Banners Hallmark, True Value, BurgerFi/Anthony's Coal Fired Pizza, JOANN (2024), Rite Aid (2023), Bed Bath & Beyond/buybuy BABY, Conn's HomePlus, 99 Cents Only, Express, Lumber Liquidators, Bargain Hunt, Mountain Sports, Blink Fitness, Party City (2023), Cineworld (Regal), JCPenney, David's Bridal, Forever 21, Sears/Kmart, Payless, Toys "R" Us, Ascena (Ann Taylor, Lane Bryant, Justice, Lou & Grey), Chuck E. Cheese, Tailored Brands (Jos. A Bank, K&G, Men’s Wearhouse), A&P Supermarkets, J. Crew, Ruby Tuesday, Pier 1, Aèropostale, GNC, Hertz, Guitar Center, Francesca’s (2020), Tuesday Morning, Brooks Brothers, Claire’s (2018), YouFit Health Clubs, Tops Friendly Markets, Gymboree, Christmas Tree Shops, Stein Mart, Ignite Restaurant Group (Joe’s Crab Shack), Bon-Ton, Sports Authority, Modell’s, Southeastern Grocers (BI-LO, Winn Dixie), rue21, True Religion, BCBG, PacSun, Independent Pet Partners, New York & Company, Destination Maternity, Charming Charlie, Vitamin World, Bertucci's, Christopher & Banks, Bar Louie, L'Occitane, Shopko, Charlotte Russe, Quiksilver, hhgregg, Avenue, A’Gaci, Vestis Retail Group, Eastern Outfitters, Sarar, Joyce Leslie, Innovative Mattress Solutions, Ignition Health, Bon Worth, Crust Pizza, Hancock Fabrics, Aligned Modern Health, Pieology, Ellen+Grace, Emtee Cleaners, Blue Stream Dental, Davis Kitchen & Tile, 407 Café Oviedo, and Foot Solutions.
 

Some of Scott’s select retail and restaurant bankruptcy matters:

• Successfully pursued post-bankruptcy lease obligations from defaulting debtor-tenants.
• Advised 20 clients with over 200 combined leases regarding the disclosure statement, plan of reorganization, lease amendments, and cure negotiations in a retail-restructuring mega case.
• Handled cure negotiations resulting in over $750,000 in payments, including attorneys’ fees, from one debtor covering five leases.
• Achieved significant improvements to bidding procedures for the sale of debtors’ assets following objections and/or negotiations.
• Submitted bids and attended auctions on behalf of landlords seeking lease terminations.
• Successfully brought motions for debtors’ immediate surrender of their leased premises.
• Negotiated a successful resolution while defending an adversary proceeding filed against a landlord to recoup an alleged tax overpayment.
• Filed motions to lift the automatic stay to allow creditors’ pursuit of debtors outside of bankruptcy court.
• Successfully defended objections to filed claims in the post-plan confirmation phase.
• Used pre-trial discovery to prevent and condition the assignment of clients’ leases by prospective assignees on adequate assurance grounds.
• Obtained a sizable pre-trial settlement from a restaurant debtor in satisfaction of its obligation to cure defaults under the lease related to the condition of the premises.
• Procured the return of a liquor license owned by the landlord through a complex corporate structure.

Scott’s broader bankruptcy experience:

• Counseled not-for-profit companies in their Chapter 11 cases, guiding their boards of directors through property sales, financing, employment issues, and other issues.
• Served as counsel to SaaS companies as Chapter 11 debtors, advising on the complex sale process and all day-to-day tasks.
• Represented creditors’ committees by challenging the proposed sale processes and DIP financing terms, analyzing the debtors’ first-day motions, and commenting on the plan and disclosure statement.
• Acted as New Jersey counsel to a cryptocurrency holder in a mega case. 
• Served as counsel to a general contractor in the Chapter 11 and subsequent Chapter 7 cases of a pharmaceutical company in Delaware.
• Represented debtor affiliates valued at over $1 billion in the Chapter 11 cases of their parent companies, including the pursuit of an objection to the appointment of a Chapter 11 trustee through trial.
• Handled day-to-day matters for Chapter 7 trustees, including facilitating the Section 363 sale process, pursuing avoidance actions, preparing Rule 9019 motions, attending hearings and Section 341 meetings, analyzing and objecting to proofs of claim, and recovering property of the estate.
• Represented petitioning creditors seeking involuntary petitions against real estate borrowers and guarantors.
• Represented several law firms as creditors in a U.S. Bankruptcy Court for the Southern District of New York mega case.

Some of Scott’s work in commercial litigation:

• Obtained numerous orders for eviction and monetary damages for commercial landlords of shopping centers and office buildings.
• Advised the receiver of a 233,000-square-foot office building in Somerset County, New Jersey.