Overview
Scott Kitei is a partner in the firm’s Restructuring and Insolvency 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
Services
Practice Areas
Experience
Representative Matters
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
Prior Experience
- Goldstein & McClintock LLLP, Of Counsel, 2012-2013
- Kirkland & Ellis, LLP, Associate, 2008-2012
- Sidley Austin LLP, Associate, 2004-2008
Credentials
Education
Cornell University Law School, J.D.
- Cornell Law Review, Symposium Editor
Northwestern University, B.S.
- Economics and Journalism
- cum laude
Admissions
- Illinois
- Michigan
Court Admissions
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Northern District of Illinois
Recognition
Awards
- 2015 Turnaround Atlas Award recipient for the role played in the City of Detroit Chapter 9 case, which was named Turnaround of the Year
-
The Best Lawyers in America, 2023-2024
- Recognized in practice area of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Professional & Community Involvement
American Bar Association
State Bar of Michigan
- Business Law Section
- Young Lawyers Section