Overview
Scott Kitei is a partner in the firm’s Restructuring and Insolvency Practice Group. He counsels clients on a wide range of domestic, international, and municipal bankruptcy and insolvency matters, as well as complex commercial transactions.
Scott routinely represents debtors, secured creditors, creditors’ committees, assignees, receivers, asset purchasers, landlords, and unsecured creditors in both in-court and out-of-court restructurings and financial distress situations. His clients include public and private companies, private equity sponsors, investors, and major creditors across many industries including manufacturing, automotive, retail, and hospitality.
He has extensive experience advising clients on the acquisition and disposition of distressed assets, both within and outside of bankruptcy or through other judicial and non-judicial processes. He regularly advises clients on trade relationship disputes, landlord-tenant matters, and complex supply chain issues. A particular area of focus involves developing strategies to protect just-in-time supply chains, including safeguarding access to critical components produced by financially distressed or insolvent suppliers.
Scott also maintains an active commercial transactions practice under Articles 2 and 9 of the Uniform Commercial Code, including the drafting and negotiation of supply agreements and related contracts.
Beyond his client-facing work, Scott is a member of the firm's practice technology committee, where he contributes to the evaluation and implementation of artificial intelligence tools and other technologies across the firm.
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 Law Review, Symposium Editor
- 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
- Recognized in practice areas of:
- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2023-2027
- Litigation – Bankruptcy, 2025-2027
DBusiness, Top Lawyers, 2026
Professional & Community Involvement
American Bar Association
State Bar of Michigan
- Business Law Section
- Young Lawyers Section