Education

Cornell University Law School, J.D.
  • Cornell Law Review, Symposium Editor
Northwestern University, B.S.
  • Economics and Journalism
  • cum laude

Prior Employment

  • Goldstein & McClintock LLLP, Of Counsel, 2012-2013
  • Kirkland & Ellis, LLP, Associate, 2008-2012
  • Sidley Austin LLP, Associate, 2004-2008

Bar Admissions

Court Admissions

Professional Affiliations

American Bar Association

State Bar of Michigan

  • Business Law Section
  • Young Lawyers Section
Overview
Experience
News & Resources
Honors

Overview

Scott Kitei is a partner in the firm’s Bankruptcy, Reorganization and Creditor Rights Practice Group. He focuses his practice on domestic, international, and municipal bankruptcy and insolvency-related matters and commercial transactions related to complex supply chain disputes. Scott has represented debtors, secured creditors, and unsecured creditors in both in-court and out-of-court restructurings. He also represents clients in commercial transactions under Articles 2 and 9 of the Uniform Commercial Code, including the development and negotiation of supply agreements and related contracts.

  • Provides counsel on restructuring and related litigation matters to debtors in Chapter 9, Chapter 11, and Chapter 15 bankruptcies
  • Represents debtors, secured creditors, unsecured creditors, and creditors’ committees in large Chapter 11 matters
  • Represents creditors and foreign representatives in recognition proceedings in Chapter 15 bankruptcies
  • Develops strategies for protection of just-in-time supply of component parts produced by non-performing, financially distressed, or bankrupt suppliers

Experience

Chapter 11 Matters

  • Represents the Official Committee of Unsecured Creditors in the Chapter 11 case of Treetops Acquisitions Company, LLC, a golf and ski resort in Northern Michigan
  • Represented Capitol Bancorp Ltd., a bank holding company with a network of banks and bank operations in ten states and total consolidated assets of approximately $2 billion, in its Chapter 11 case
  • Represented U.S. Concrete, Inc., a leading provider of ready-mixed concrete and concrete-related products, in their restructuring of approximately $315 million in funded indebtedness through a pre-arranged Chapter 11 restructuring
  • Represented General Growth Properties (GGPLP L.L.C.), a retail REIT in the largest Chapter 11 case undertaken by a real estate investment trust in U.S. history; Turnaround Management Association awarded Scott's bankruptcy team the 2011 "Transaction of the Year – Mega Company" recognition for its role in restructuring General Growth Properties, Inc.
  • Represented Tronox Incorporated, a leading manufacturer and marketer of titanium dioxide pigment, electrolytics, and specialty chemicals in its Chapter 11 matter
  • Represented Tropicana Entertainment Holdings, LLC, one of the largest privately owned casino operations in the U.S., along with its affiliates, in its Chapter 11 cases
  • Represented DURA Automotive Systems, an international Tier 1 automotive supplier, and its 41 domestic and Canadian subsidiaries in their Chapter 11 reorganization cases
  • Represented Pliant Corporation, a manufacturer of value-added films and flexible packaging, in connection with its successful Chapter 11 restructuring of approximately $1.4 billion in liabilities

Chapter 15 Matters

  • Represented the Australian liquidating trustee and foreign representative of Betcorp Ltd., a former internet gaming company, in its Chapter 15 bankruptcy cases. Betcorp’s petition was highly contested, but the bankruptcy court ultimately ruled in Scott's client’s favor, recognizing the Australian liquidation as a “foreign main proceeding” under Chapter 15. The bankruptcy court issued and published a 27-page opinion on the ruling, which has been frequently cited in subsequent bankruptcy court opinions and publications (In re Betcorp Ltd., 400 B.R. 266 (Bankr. D. Nev. 2009))
  • Represented the foreign representative of Riviera Marine Int. (Pty) Ltd., an Australian luxury yacht manufacturer in its Chapter 15 bankruptcy cases
  • Represented the foreign representative of Mega Brands, Inc., a Canadian toy manufacturer in its Chapter 15 bankruptcy cases and acted as U.S. counsel in the company’s recapitalization that was implemented through a Canadian plan of arrangement

Chapter 9 Matters

  • Represented the Detroit Institute of Arts through trial and protected its multibillion dollar art collection from creditors in the City of Detroit’s historic Chapter 9 bankruptcy case filed in the United States Bankruptcy Court for the Eastern District of Michigan

Out-of-Court Restructurings

  • Represented Broder Brothers, Inc., one of the country’s largest distributors of trade, private label, and exclusive apparel brands to the imprinting, embroidery, and promotional products industries in its out-of-court restructuring

News & Resources

News

Publications

Honors

  • 2015 Turnaround Atlas Award recipient for the role played in the City of Detroit Chapter 9 case, which was named Turnaround of the Year