Mr. Freedman concentrates his practice in bankruptcy, restructuring, creditor’s rights and associated litigation. He frequently represents trade creditors, trustees, financial institutions, creditor committee members, distressed investors, purchasers, general contractors, debtors and other parties-in-interest in Chapter 7 and 11 bankruptcy proceedings, out-of-court restructurings and other insolvency related matters throughout the United States.
Mr. Freedman has extensive experience representing creditors in devising and implementing strategies and exercising rights and remedies to minimize exposure before a customer files for bankruptcy. He frequently handles contested matters and associated litigation in bankruptcy on behalf of creditors and Chapter 7 and 11 trustees involving reclamation, setoff, recoupment and lien rights, section 503(b)(9) and other administrative expense claims, environmental claims, section 363 asset sales, automatic stay issues, cash collateral, debtor-in-possession financing, critical vendor agreements, executory contracts, section 105 injunctions and plan confirmation. Mr. Freedman also specializes in prosecuting and defending significant preferential transfer, fraudulent conveyance and other bankruptcy-related causes of action. He also has served as a statutory receiver on behalf of the Superior Court of New Jersey.
In 2011, Scott was named to the New Jersey Law Journal’s “Forty under Forty” list of rising stars in the legal profession. Scott was also recognized in the 2011 - 2015 editions of “Chambers USA: America’s Leading Lawyers for Business” for his legal work in Bankruptcy/Restructuring in New Jersey.
- Represented The Dow Chemical Company and affiliates, CROWN Cork and Seal USA, Inc. and other large trade creditor clients with respect to general unsecured and section 503(b)(9) claims, setoff and recoupment rights, environmental claims and issues, critical vendor agreements, executory contract assumption and assignment, plan confirmation, preference and fraudulent conveyance defense and other trade-creditor related issues, rights and remedies associated with the Chapter 11 bankruptcy cases of AbitibiBowater, American Fibers & Yarns, American Airlines, Blackhawk Automotive, Cadence Innovation, Chemtura, Chrysler, Collins & Aikman, Enron, Foamex, General Motors, Global Crossing, The Great Atlantic & Pacific Tea Company, Lear, Lyondell Chemical Company, Meridian Automotive, MPM Silicones, NewPage, Plastech Engineered Products, Pliant, Reichhold, Smurf-it Stone Container, Solutia, TWA, United Airlines and Wellman, among others.
- Represented The Dow Chemical Company in securing an opinion of first impression preventing the use of section 502(d) as a defense to the allowance and payment of section 503(b)(9) administrative expense claims.
- Represented CROWN Cork and Seal USA, Inc. in its role as a member of the Unsecured Creditors Committee, pursuing its $18 million prepetition claim and defending litigations brought with respect to its $1 million section 503(b)(9) administrative claim and by the Chapter 7 trustee against 22 defendants seeking $200 million in damages associated with the bankruptcy case of a large canned and frozen vegetables processor.
- Represented Chapter 7 trustee in prosecution of LBO-related fraudulent conveyance and other bankruptcy estate causes of action against the debtor’s former owners generating a significant recovery for creditors.
- Represented Chapter 11 trustee for indoor amusement park in the pursuit, defense and resolution of claims and litigation involving the debtor’s secured lender and former landlord generating a significant return for the estate.
- Represented Chapter 7 trustee with respect to the prosecution of fraudulent conveyance, preferential transfer and other bankruptcy estate causes of action in various New Jersey bankruptcy cases including Camp Harmony, Inc., Fiber-Span, Inc., Lam Cloud Management, LLC, Medak Trucking, LLC, Sterling Holdings and V & S Investments, LLC.
- Represented The Dow Chemical Company and affiliates and other trade-creditor defendants in successfully defending preference and fraudulent conveyance adversary proceedings seeking to avoid and recover in excess of $100 million in the aggregate.
- Represented “stalking horse” bidder in purchasing multiple fast-food franchises from a Chapter 11 debtor via a section 363 asset sale.
- Represented distressed investor in successfully challenging a channeling injunction and bar order.
- Represented general contractor in favorably resolving debtor-subcontractor’s construction delay, wrongful termination, trust fund and union contribution claims exceeding $5 million.
- Represented condominium association in dismissing the Chapter 7 bankruptcy case of builder as a bad-faith filing.
Speeches & Presentations
- Panelist, 11th Annual Camden-Burlington County Bankruptcy Conference, 2005.
- Panelist, Clean Energy Meets the Courtroom, 2013.
- Selected to appear in Chambers USA–America's Leading Lawyers for Business, as a Leader in his field, 2011–2015
- Listed in SJ Magazine "Top Attorneys" in the area of Bankruptcy, 2014
- New Jersey Law Journal Forty under Forty, 2011
No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.
- LL.M., Taxation, New York University School of Law, 2002
- J.D., with honors, Rutgers School of Law - Camden, 1998
- B.A., Lafayette College, 1993
- Pennsylvania, 1998
- New Jersey, 1999
- New York, 2016
- United States District Court District of New Jersey
- United States District Court Eastern District of Pennsylvania
- United States District Court Eastern District of Michigan