Attorneys
Attorneys

Scott N. Opincar

Member

Practice Focus

Professional Experience

Scott is a member of the Business Restructuring Department, concentrating his practice in the areas of complex bankruptcy proceedings, debt restructurings, creditor's rights and sales of financially troubled businesses. Before joining the firm in 2003, Scott was associated with a large law firm in Cleveland, Ohio, where he provided legal counsel to financial institutions, secured and unsecured creditors, borrowers, and debtors. His experience includes representing clients in all aspects of bankruptcy proceedings, including asset sales, executory contracts, unexpired leases, intellectual property, stay issues, and prosecution and defense of adversary proceedings.

Cases / Matters

Reported Cases:

  • In re Pittsburgh-Canfield Corporation, 305 B.R. 688 (Bankr. N.D. Ohio 2003); affirmed by Yenkin-Majestic Paint Corporation v. Wheeling Pittsburgh Steel Corporation, 309 B.R. 277 (B.A.P. 6th Cir. 2004)
  • Interstate Gas Supply, Inc. v. Wheeling Pittsburgh Steel Corporation, 283 B.R. 231 (Bankr. N.D. Ohio 2002)

Representation of borrowers, creditors (secured and unsecured), creditors’ committees, debtors, and trustees in reorganization, in bankruptcy, workout and state-related proceedings, including proceedings for the following:

  • In re Duke and King Acquisition, owner and operator of 92 Burger King Restaurants (Debtors' Counsel)
  • In re Omega Pultrusions, Incorporated (Counsel to Purchaser of Assets) 
  • Cleveland-Based Tier 1 automotive parts manufacturer (Out-of-Court Restructuring; Counsel for Debtor) 
  • Ravenna, Ohio-Based Tier 1 and Tier 2 automotive parts manufacturer (Out-of-Court Restructuring, Counsel for Debtor) 
  • In re Republic Engineered Products LLC, et al. (Debtors) 
  • In re DeVlieg Bullard II, Inc. (Debtor) 
  • In re Greystone Holdings, LLC, et al. (Debtors) 
  • In re Wheeling-Pittsburgh Steel Corporation, et al. (Debtors)
  • AFA Foods, Inc., et al. (Counsel to Committee of Unsecured Creditors)
  • Franciscan Communities St. Mary of the Woods, Inc. (Counsel to Committee of Unsecured Creditors) 
  • Waco Scaffolding & Equipment (Counsel to Committee of Unsecured Creditors)
  • U.S. Concrete, Inc., et al. (Counsel to Committee of Unsecured Creditors)
  • Barzel Industries, et al. (Counsel to Committee of Unsecured Creditors)
  • FormTech Industries, et al. (Counsel to Committee of Unsecured Creditors)
  • B&C Corporation, et al. (Counsel to Committee of Unsecured Creditors)
  • Medina Glass Block, Inc., et al. (Counsel to Committee of Unsecured Creditors) 
  • In re Excello Engineered Systems, LLC (Counsel to Committee of Unsecured Creditors) 
  • In re Whitlatch & Co. (Counsel to Committee of Unsecured Creditors) 
  • In re Ideal Electric Company (Counsel to Committee of Unsecured Creditors) 
  • In re The Central Brass Manufacturing Company (Counsel to Committee of Unsecured Creditors) 
  • In re ProCare Automotive Services Solutions, LLC (Counsel to Committee of Unsecured Creditors) 
  • In re Amcast Industrial Corporation, et al. (Counsel to Creditors’ Committee and Liquidation Trust)
  • In re Jernberg Industries, Inc., et al. (Chair of Creditors' Committee) 
  • In re Federal Forge, Inc. (Counsel to Creditors’ Committee) 
  • In re Rood Trucking Company, Inc. (Counsel to Creditors’ Committee) 
  • In re Gliatech, Inc., et al. (Counsel to Creditors’ Committee) 
  • In re Genvac Aerospace Corp. (Counsel to Creditors’ Committee) 
  • The PIE Mutual Insurance Company (Counsel to Liquidator) 
  • Automatic Welding and Manufacturing Co. (Counsel to Receiver) 
  • AC Producers, Inc (Counsel to Receiver) 
  • Cleveland Imported Groceries & Wines, Inc (Counsel to Receiver) 
  • Ohio Energy Specialties Inc. (Counsel to Receiver) 
  • T&J Acceptance Corporation (Counsel to Receiver) 
  • Columbia Prospect LLC (Counsel to Receiver)
  • Arrow Machine Company (Counsel to Receiver)
  • Computer Systems Company (Counsel to Receiver) 
  • Fifth Third Bank (Various Workout Matters and Receiverships) 

Education

  • Cleveland-Marshall College of Law, J.D. (1994)
  • University of Akron, B.A. (1991)

State Admissions

  • Ohio

Court Admissions

  • Sixth Circuit Court of Appeals 
  • U.S. District Courts for the Northern and Southern Districts of Ohio 
  • U.S. District Courts for the Eastern and Western Districts of Michigan 
  • U.S. District Court for the Eastern District of Wisconsin 
  • U.S. District Court for the Southern District of New York 
  • U.S. District Court for the Northern District of Illinois 
  • U.S. District Court for the Western District of Pennsylvania

Professional Associations

  • Cleveland Metropolitan Bar Association (2012 Chair of the Commercial and Bankruptcy Law Section, Chair of 2009 Chapter 11 Seminar)
  • Turnaround Management Association, President-Elect of the Ohio Chapter, Ohio Board Member and Chair of Membership Committee
  • Ohio State Bar Association (Council of Delegates 2000-2004 and 2004-2006) 

Publications

  • Author, "The Challenges of Restructuring Continuing Care Retirement Communities," Turnaround Management Association Newsletter, April 2012
  • Co-Author, "Identifying Restructuring Concerns for Troubled Franchisees," Turnaround Management Association Newsletter, June 2010
  • Co-Author, "The ISDA Agreement - Key Document Considerations in Today's Market," The RMA Journal, December 2009
  • Author, "Swap Agreements, Forward Contracts and the Bankruptcy Code Provisions That Apply to Them," Turnaround Management Association Newsletter, June 2009
  • Author, “The Bankruptcy Reform Act Two Years Later,” Cleveland Bar Journal, February 2008
  • Author, “Recent Changes to Ohio’s Mechanic’s Lien Laws,” Cleveland Bar Journal, October 2007
  • Co-author, “Sales Free and Clear and Real Property Interests,” Dow Jones Daily Bankruptcy Review, February 2007

Presentations

  • "Treatment of Executory Contracts in Bankruptcy," Cleveland Metropolitan Bar Association, May 2012
  • "Recent Court Cases Impacting Bankruptcy," Turnaround Management Association Meeting, March 2012
  • "Ethical Considerations in Pursuit of Client Representations," Cleveland Metropolitan Bar Association, May 2011
  • “Creditors' Remedies,” Ohio State Bar Association seminar, March 2011
  • “Negotiating Bankruptcies, Workouts, and Turnarounds,” Cleveland Metropolitan Bar Association and Turnaround Management Association program, November 2010
  • “Creditors' Remedies,” Ohio State Bar Association seminar, May 2010
  • “Representing the Average Creditor In and Out of Bankruptcy,” Ohio Bar Association seminar, November 2009
  • “Auto Dealers in Today’s Market: Where the Rubber (Leaves the Lot) and Meets the Road,” Turnaround Management Association Meeting, April 2009 
  • “Alternatives to Bankruptcy,” Turnaround Management Association’s 12th Annual Business Workshop, December 2008
  • “Director Liability,” Turnaround Management Association’s 11th Annual Business Workshop, December 2007
  • “Representing the Average Creditor In and Out of Bankruptcy,” Ohio Bar Association seminar, May 2007 
  • “Real Estate Interests That Are Impervious to Bankruptcy,” American Bankruptcy Institute’s Spring Conference, Washington, D.C., April 2007 
  • “The Economy of 2007,” Turnaround Management Association’s 10th Annual Business Workshop, December 2006 
  • “Representing the Average Creditor,” Ohio State Bar Association seminar, May 2006 
  • “Significant Provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” National City Bank, Cleveland, Ohio, October 2005 
  • “How Bankruptcy Impacts Workouts,” Cleveland Bar Association, Cleveland, Ohio, September 2005 
  • “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 -- Chapter 1,” Cleveland Bar Association, Cleveland, Ohio, July 2005 

Awards and Honors

  • Selected for inclusion in Ohio Super Lawyers (2010, 2012-2014)
  • Selected for inclusion in Ohio Rising Stars (2006)
  • Chambers USA (2012, 2013)
Phone
216-348-5753
FAX
216-348-5474
Locations
  • 600 Superior Avenue, East
    Suite 2100
    Cleveland, OH 44114