Scott L. Alberino represents debtors, official creditor committees, informal creditor groups, equity holders, and other stakeholders in all aspects of corporate liability management, restructuring, bankruptcy and insolvency proceedings. He regularly advises boards of directors of public and private companies on issues facing financially distressed companies, including fiduciary duties, corporate governance and executive compensation.
Scott also regularly represents private equity funds, hedge funds and other financial institutions that are acquiring control positions in financially distressed companies and in structuring debtor-in-possession (DIP) and exit financing.
Scott’s clients include:
- Public and private distressed companies
- Informal creditor groups
- Official creditor committees
- Providers of DIP and exit financing
- Acquirers of distressed assets
- Significant stakeholders.
Scott is regarded as a skilled tactician and strategist who has guided clients through in-court and out-of-court restructurings. Clients describe him as a “super-intelligent lawyer who is pragmatic in negotiations” and “makes an effective mediator in tense situations with a variety of competing interests.”
- Focuses on corporate restructuring matters and distressed transactions.
- Guides companies and creditors through evaluating, structuring and implementing in-court and of out-of-court restructuring strategies.
- Experience spans a variety of industries and jurisdictions and includes cross-border reorganizations.
- Advised an ad hoc group of secured noteholders in the restructuring of Erickson, Inc. in providing DIP financing and a rights offering backstop, which allowed clients to emerge with control of Reorganized Erickson.
- Counseled Stallion Oilfield Holdings in completing a balance-sheet restructuring through a successful out-of-court exchange transaction.
- Currently advising FirstEnergy Solutions Corp. in its $5 billion debt restructuring, which is among the largest and most complex filings of 2018.
- Represented an ad hoc group of unsecured noteholders of Breitburn Energy Partners LP in structuring a complex restructuring centered around a $750 million rights offering backstop and division of Breitburn’s assets into separate reorganized companies.
- Represented the largest ad hoc unsecured creditor group in the Chapter 11 case of Energy Future Intermediate Holdings (EFIH) through numerous complex intercompany, regulatory, claims allowance, and merger and acquisition issues.
- Member, American Bankruptcy Institute.
- Member, Turnaround Management Association.
- J.D., Emory University School of Law, with honors, 2000
- B.A., Boston College, 1997
- U.S.B.C., Northern District of Georgia
- District of Columbia
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