Scott E. Ratner
Seasoned bankruptcy professional with more than 23 years of experience representing a broad range of interests in some of the largest and most complex Chapter 11 and Chapter 7 cases ever filed. Clients have included debtors, trustees, official committees, and individual creditors. Specialized expertise representing debtors in all aspects of the Chapter 11 process, from case commencement, to claims resolution, asset disposition and plan promulgation matters. Recent engagements include serving as special bankruptcy counsel to the Collins & Aikman Post-Confirmation Litigation Trust (responsible for supervising a team of more than 10 bankruptcy professionals in the successful resolution of more than 1,100 avoidance actions); bankruptcy co-counsel to Enron Corp. and its affiliated debtors (with primary responsibility for identifying and developing avoidance actions and related claims seeking the recovery of more than $10 billion); debtor's counsel to the US-based trading arms of the Daewoo and SK Global conglomerates (both of which successfully completed their reorganization cases under Chapter 11); and general bankruptcy counsel to the Future Claims Representative in the asbestos-related Chapter 11 case of Quigley Co. (a wholly-owned subsidiary of Pfizer Inc.), and the Chapter 7 Trustee in Refco, LLC, a registered future commissions merchant and a member of the Refco group of companies (in what is believed to be the largest Chapter 7 case ever commenced).
Areas of Practice
- Corporate Bankruptcy and Reorganization
- New York, 1988
- New Jersey, 1990
- U.S. District Court Southern District of New York, 1988
- U.S. District Court Eastern District of Michigan, 2008
- University of Pennsylvania Law School, Philadelphia, Pennsylvania
- J.D. (Magna Cum Laude) - 1987
- Law Review: University of Pennsylvania Law Review, Editor; Order of the Coif, 1986 - 1987
- Princeton University, New Jersey
- A.B. (Magna Cum Laude) - 1984
- Major: History
- In re Dewey & LeBoeuf LLP,, Chapter 11 Case No. 12-12321 (MG), 478 B.R. 627 (Bankr. S.D.N.Y. 2012) (Memorandum Opinion and Order Granting Debtor’s Motion for an Order Approving Partner Contribution Settlement Agreements and Mutual Releases for Participating Partners and Denying Ad Hoc Committee of Retired Partners of LeBoeuf, Lamb, Leiby & MacRae’s Motion to Appoint an Examiner).
- Enron Corp. v. Citigroup, Inc. (In re Enron Creditors Recovery Corp.), 410 B.R. 374 (S.D.N.Y. 2008)
- Enron Corp. v. J.P. Morgan Sec. Inc. (In re Enron Corp.), 361 B.R. 36 (Bankr. S.D.N.Y. 2006)
- Enron Corp. v. J.P. Morgan Sec. Inc. (In re Enron Corp.), 357 B.R. 257 (Bankr. S.D.N.Y. 2006), modified, No. 01-16034 (AJG), No. 03-92677 2007 WL 680764 (Bankr. S.D.N.Y. Mar. 1, 2007)
- Enron Corp. v. Ave. Special Situations Fund II, LP (In re Enron Corp.), 333 B.R. 205 (Bankr. S.D.N.Y. 2005)
- Enron Corp. v. J.P. Morgan Sec., Inc. (In re Enron Corp.), 325 B.R. 671 (Bankr. S.D.N.Y. 2005)
- In re AbitibiBowater Inc., Case No. 09-11296 (KJC)- Special conflicts counsel to Bowater Canada Finance Corporation (BCFC), a Nova Scotia unlimited liability company which was the subject of cross-border bankruptcy proceedings in the United States and Canada, in connection with investigating and prosecuting claims by BCFC against affiliated parties.
- In re Old Carco LLC (f/k/a Chrysler LLC), Case No. 09-50002 (AJG)- Conflicts counsel to debtors in possession responsible for, among other matters, overseeing the assumption and assignment of executory contracts with hundreds of auto part suppliers as part of the sale of substantially all the assets of old Chrysler to the new entity formed by the U.S. Treasury and Fiat.
- In re Motors Liquidation Company (f/k/a General Motors Corp.), Case No. 09-50026 (REG)- Conflicts counsel to debtors in possession. Responsibilities have included leading a team of attorneys charged with investigating and reporting to the debtors’ board of directors concerning the existence and viability of potential claims and causes of action against insiders.
- In re Collins & Aikman Corp., Case No. 05-55927 (SWR)- Served as special bankruptcy counsel to the Collins & Aikman Post-Confirmation Litigation Trust, as the successor to one of the largest tier 1 auto parts suppliers in the world. Responsible for supervising a team of more than 10 bankruptcy professionals in the successful resolution of more than 1,100 avoidance actions commenced in the U.S. Bankruptcy Court for the Eastern District of Michigan (Detroit).
- In re Refco, LLC, Case No. 05-60134 (RDD)- General bankruptcy counsel to the Trustee in the largest Chapter 7 case in U.S. history. The debtor was formerly a regulated futures commission merchant and one of the members of the Refco group of financial services companies. In addition to advising the Chapter 7 Trustee concerning the administration of the case and the wind-down and liquidation of the debtor’s business, responsibilities included coordinating and managing the services of other outside counsel and professional advisors, overseeing billions of dollars of receipts and disbursements, conducting the claims resolution process and related matters.
- In re Quigley Company, Inc., Case No. 04-15739 (SMB)- General bankruptcy counsel to the court-appointed legal representative of future personal injury claimants in the asbestos-related Chapter 11 case of a subsidiary of Pfizer, Inc., the pharmaceutical giant.
- In re Saltire Industrial, Inc.(f/k/a Scovill, Inc.), Case No. 04-15389 (BRL)- Served as general bankruptcy counsel to the debtor in possession, which had manufactured diverse consumer and industrial products sold under a variety of brand names, including Scovill, Yale, Hamilton-Beach, Nutone and Schrader. Led successful liquidation of company and resolution of material legacy liabilities, including negotiating and documenting a comprehensive settlement with the U.S. Environmental Protection Agency covering multiple Superfund Sites and related liabilities.
- In re SK Global America, Inc., Case No. 03-14625 (CB)- Served as bankruptcy counsel to the U.S.-based trading arm of a Korean conglomerate. Primary responsibility for all aspects of Chapter 11 case including preparation of petition, first day motions, bankruptcy schedules, claims resolution process and promulgation of Chapter 11 plan, including preparation of disclosure statement.
- Enron Corp., et al., Case No. 01-16034 (AJG)- Served as co-counsel for the Enron debtors in possession which, at the time, had filed the second largest chapter 11 case in U.S. history. Led a number of significant projects in the bankruptcy, including the investigation and development of more than 1,000 adversary proceedings seeking the avoidance and recovery of billions of dollars of avoidable transfers, including fraudulent conveyances, preferances, commercial paper and equity transfers.
- Daewoo International (America) Corp., Case No. 00 -11050 (BRL)- Served as bankruptcy counsel to the U.S.-based trading arm of the Korean conglomerate in what was, at the time, the largest non-sovereign global debt restructuring in history. Primary responsibility for all aspects of Chapter 11 case including preparation of petition, first day motions, bankruptcy schedules, claims resolution process and promulgation of Chapter 11 plan, including preparation of disclosure statement.
Past Employment Positions
- Weil Gotshal Manges, Associate, 1987 - 1990
- Akin Gump Strauss Hauer & Feld, Senior Associate, 1990 - 1996