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Robert K. Scheinbaum

Of Counsel

Overview

Robert Scheinbaum concentrates his practice in the areas of commercial and business litigation, creditors’ rights/bankruptcy and corporate transactions.

Robert has an academic background in economics and professional experience in actuarial consulting and other areas involving financial analyses and valuations. In addition to his experience in the private practice of law, he has served as the Vice President and General Counsel of a Washington, D.C.-based business intelligence firm and, in that capacity, provided analysis and advice to a vast array of clients, including venture capital investors, political advocacy groups, and private investigation firms.

Robert has co-authored numerous articles in the field of bankruptcy law and creditors’ rights. He served as an Assistant Editor of the Norton Bankruptcy Law and Practice treatise and Associate Editor of the American Bankruptcy Institute Journal. He currently edits the New Jersey section of the annual publication of Strategic Alternatives for and Against Distressed Businesses.

Experience

Transactional experience

  • Represent owners of insurance agencies, paint retailer, HVAC systems dealer, and other small- and mid-sized companies in connection with sales of business assets and/or sale of company
  • Represent banks and investment funds in connection with sales of loan notes, mortgages, and related judgments to other investors
  • Represent non-profit entities in sales of age- and income-restricted housing facilities, including related commercial real estate and business operations
  • Provide general counsel advice and guidance to closely held companies regarding leases, employment agreements, and other business contracts

Bankruptcy litigation experience

  • Filed motion to convert Chapter 11 bankruptcy case to Chapter 7 on behalf of partially-secured creditor, resulting in conversion of case and favorable settlement with court-appointed Trustee (In re Marine Environmental Remediation Group, LLC, Bankr. Ct., D.N.J. Case No. 19-18994)
  • Represented judgment-creditor in bankruptcy litigation against defendant under $1.3 million state court judgment resulting in Chapter 11 plan providing for 100% payment of claim (In re Maple Grove Park Cemetery, Bankr. Ct., D.N.J. Case No. 14-12207)
  • Represented seller in bankruptcy litigation against national telecommunications provider and obtained judgment declaring that $6 million dollar fiber optic route reverted to seller during provider’s Chapter 11 reorganization (In re Velocita Corp., Bankr. Ct., D.N.J. Case No. 02-35895, Opinion at Docket No. 1557)

Commercial litigation experience

  • Represent banks and investment funds in numerous foreclosure actions, from commencement of suit to sheriffs’ sale, and related litigation to collect under commercial loan and guaranties
  • Represented athletic footwear sales company in commercial arbitration against global athletic footwear manufacturer for breach of sales representation contract and quota manipulation resulting in $2 million judgment for client 
  • Represented parent company/mezzanine financier and subsidiary in defense of former CEO’s employment-contract related claim resulting in dismissal of all claims against parent and dismissal of majority of claims against subsidiary
  • Successfully defended motion for summary judgment by commercial lender against non-profit borrower and obtained ruling that bank’s prepayment penalty was ambiguous, leading to favorable settlement (Sisters of St. Dominic v. Allied Irish Bank, U.S. Dist. Ct., D.N.J. Case No.2:03-cv-3078, Opinion at Docket No. 31)
  • Prosecuted insurance fraud lawsuits resulting in the break-up of various staged motor vehicle accident rings (New Jersey Mfg. Ins. Co. v. Sean Nisivoccia, et al., Superior Ct. NJ, various cases)
  • Defended property insurers against several multi-million dollar claims for property damage and business interruption coverage relating to Hurricanes Katrina and Rita, the 9/11 terrorist attacks, and other catastrophic losses

Activities

  • Member, New Jersey Turnaround Management Association  
  • President, Montclair Jewish Workshop cooperative educational program (2013-2015)
  • Co-Chair, Montclair Special Education Parents Advisory Committee (2011-2013)
  • Treasurer, Montclair Developmental Learning Center Parents Organization (2009-2010)

News & Insights

Publications

Education

University of Pennsylvania Law School (J.D., 1994; Associate editor, Comparative Labor Law Journal)

Cornell University (B.A., 1989)

Admissions

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