Scott A. Falk

Scott Falk’s practice includes more than 20 years of experience representing institutional investors in domestic and international investments as well as the restructuring of those investments in cases of financial difficulties or other challenges. Scott has extensive experience in a wide range of creditors’ rights matters, including cross-border and international restructurings, out-of-court workouts, reorganization proceedings, and liquidations and receiverships.

Scott’s recent domestic experience includes the successful restructuring and ultimate refinancing of a major U.S. hardware store chain with complex ownership, business model and control issues; the restructuring of several large home-building and building products- related companies; and the restructuring, with ultimate repayment in full, of the obligations of a major U.S. entertainment conglomerate. Scott also served as counsel to the Chapter 11 trustee of Refco Capital Markets, the largest of the Refco debtors, in connection with the design and implementation of a distribution scheme with respect to claims against the Refco entities aggregating more than $100 billion. He has worked with creditor groups of both private and public companies, and has had very successful experience restructuring several large closely held companies and cooperative associations located in the U.S.

In addition to a large number of domestic workouts, Scott has been active in international and cross-border restructurings for more than a decade. His more recent experiences include representations of creditors in complex cross-border restructuring matters in North America, South America and Europe. Scott was counsel to the largest creditor constituencies in the restructurings of Transportadora de Gas del Norte and Transportadora de Gas del Sur (Argentine natural gas distribution companies). He led the restructuring of a leading finance company in New Zealand which included allegations of financial fraud and mismanagement, and which restructuring secured the accelerated payout in full of the creditor clients. He most recently completed the workout of a troubled Western Canada-based retailer serving the farming community.

Scott is a frequent speaker on restructuring issues to institutional investors and creditor groups.

Good to know

Areas of Practice 1) Financial Restructuring, 2) Financial Services, 3) Institutional Finance and 4) Insurance
Law School Duke University School of Law, J.D., 1989
Education University of North Carolina at Chapel Hill, B.A., 1985
Bar Member / Association Connecticut State Bar Association, New York State Bar Association
Most recent firm Bingham McCutchen LLP
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