Scott has extensive experience in the areas of banking, commercial financing, creditors’ rights, and creditor bankruptcy matters. He works with banks, lessors, and other creditors assisting his clients with the many facets of their businesses.
Experience
- Structures, negotiates, and documents loans, leases, and other credit relationships
- Negotiates and drafts workout and restructuring agreements
- Represents creditors in bankruptcy proceedings, including lift-stay and enforcement matters, plans of reorganization, and extensions of credit
- Enforces credit and collateral documents, including foreclosure and repossession proceedings, receiverships, and collections
- Handles purchases and sales of loans and loan pools
- Assists in the sale, lease, or other disposition of real estate and personal property obtained by creditor clients
- Represents banks in tax-free municipal bond transactions, and in low-income and refurbishment tax-credit transactions
Representative Cases
- Foreclosure lawsuit involving a franchise motel, including installing and working with a property receiver, and negotiation with franchisor
- Chapter 11 creditor representation regarding a hotel property, including negotiation of agreements for use of cash collateral and plan of reorganization
- Assisted client in the acquisition of loan pools in the value range of $5-$40 million by drafting documents, negotiating terms and structure, and closing the transaction
- Drafted creditor documents for a residential development loan, the structure, including construction, disbursement, lines of credit, letters of credit, and intercreditor agreements
- Assisted in the extension of community development and gap loans for a nonprofit lender
- Represented a bank in a variable bond transaction involving the construction of a new manufacturing facility
- Drafted documents and advised banks making loans for construction projects involving low-income housing tax credits
- Represented bank in a multiple advance loan to fund acquisition of railroad cars, including handling filings with the Surface Transportation Board
- Assisted clients in the purchase of two assisted living facilities
- Represented bank in multi-state theatre facilities loan transaction, including acquisition, operation, and construction financing
- Assisted bank with United States Department of Agriculture guaranteed financing of manufacturing facility
- Foreclosed and assisted clients in the disposition of several failed housing developments
Publications
- “Debtor & Creditor,” Minnesota Continuing Legal Education Debtor-Creditor Provisions in the Uniform Commercial Code
Education
- University of Minnesota Law School, J.D., 1993
- Fort Lewis College, 1990
Professional Activities
- American Bar Association
- Minnesota State Bar Association, Bankruptcy Law section
- Stearns-Benton Bar Association