Scott L. Lanin

Attorney Profile

Top Rated Creditor Debtor Rights Attorney in New York, NY

Lanin Law P.C.
 | 505 Eighth Avenue, Suite 1402
New York, NY 10018
Phone: 212-235-1839
Fax: 646-381-3643
Selected to Super Lawyers: 2018
Licensed Since: 1990
Practice Areas:
  • Creditor Debtor Rights: Consumer (50%),
  • Business Litigation (30%),
  • Business/Corporate (10%),
  • Bankruptcy: Consumer (10%)
Attorney Profile

The managing attorney at Lanin Law P.C., Scott L. Lanin represents individual and business clients throughout New York state. From the firm's offices in midtown Manhattan, his practice encompasses commercial litigation (business and real estate disputes, contracts, fraud, injunctions, shareholder disputes, fiduciary duty, lender liability, collection, asset recovery, etc.), commercial and residential foreclosure litigation (including loan modifications, short sales, short payoffs, and workouts), business and corporate law, and Chapter 7, 11 and 13 bankruptcy cases for debtors and creditors.

Mr. Lanin's excellent track record in all of these endeavors as well as his high degree of ethics has earned him the esteem of his fellow professionals. He is ranked 10 out of 10 and has received a 10.0 "Superb" peer review rating on Avvo. In addition, the American Institute of Legal Counsel has named Mr. Lanin to its list of "10 Best" bankruptcy attorneys in the State of New York. Admitted to practice before all New York state courts, he is also admitted to practice before both the U.S. District Courts and the U.S. Bankruptcy Courts for the Northern, Western, Southern and Eastern Districts of New York and to the Circuit Court of Appeals for the Second Circuit.

Raised in New York, Mr. Lanin attended the New York University Stern School of Business as an undergraduate, where he majored in finance and management and graduated in the top 5% of his class with a Bachelor of Science in 1986. He then pursued his legal education at St. John's University School of Law and was a member of the St. John's Law Review before being awarded his Juris Doctor and passing the NY Bar in 1989. In his spare time, Mr. Lanin is a certified taekwondo instructor and an accomplished guitarist. His legal assistant is fluent in Spanish.

 
Practice Areas
Lawyer Practice Area Pie Chart

Creditor Debtor Rights (50%): Collections, Debt Discharge, Foreclosure, Loan Modifications

Business Litigation (30%): Non-Compete Agreements

Business/Corporate (10%): Business Formation and Planning, Limited Liability Companies, Partnership, Sub-chapter S Corporations, Contracts, Business Organizations

Bankruptcy (10%): Bankruptcy Law, Credit Repair

Focus Areas

Collections, Debt Discharge, Foreclosure, Loan Modifications, Non-Compete Agreements, Business Formation and Planning, Limited Liability Companies, Partnership, Sub-chapter S Corporations, Contracts, Business Organizations, Bankruptcy Law, Credit Repair

Selections

Selected to Super Lawyers for 1 yearsbottom-image

Super Lawyers: 2018

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About Scott Lanin

Admitted: 1990, New York

Professional Webpage: https://laninlaw.com/scott/

Honors/Awards:

  • 10 Best - 2016 Client Satisfaction Award, 10 Best, American Institute of Bankruptcy Attorneys, 2016
  • Rated 10 out of 10 by Avvo in May 2016 and received Top Attorney and Client's Choice Awards., Top Attorney - Client's Choice Award, Avvo, 2016
  • Leaders in Litigation Certificate, American Bar Association, 1998
  • Faculty Research Assistant Program Award, St. John's University School of Law, 1989
  • Dean's List, St. John's University School of Law, 1989
  • Dean's List, St. John's University School of Law, 1988
  • Dean's List, St. John's University School of Law, 1987
  • Law Review, St. John's University School of Law, 1987
  • University Founders’ Day Scholar Award (Top 5%), New York University Stern School of Business, 1986
  • Beta Gamma Sigma - Business Management Honors Society, New York University Stern School of Business, 1986
  • Phi Alpha Kappa  - Finance Honor Society, New York University Stern School of Business, 1986
  • International Who's Who
  • International Executive Guild

Special Licenses/Certifications:

  • Licensed Martial Arts Instructor - 3rd Dan Black Belt, International Taekwon-do Federation, Spain / Team USA Taekwon-do Fitness, Fort Lee, NJ (2015 - 2016) - Teach adults and children self-defense, taekwon-do techniques and principles, and cardio kickboxing., 2016
  • Licensed New York State Real Estate Broker, 2015
  • Martial Arts Instructor - 2d Degree Black Belt Korean Karate, Howard Lee Karate Institute, 1989

Bar/Professional Activity:

  • Bankruptcy Lawyers Bar Association of the City of New York, 1990-1993
  • Nassau County Bar Association: Bankruptcy Committee, 1991-1997
  • American Bar Association: Litigation Section: Bankruptcy and Insolvency Committee, Commercial and Banking Litigation Committee, and Trial Practice Committee; Business Law Section; and Law Practice Management Section, 1990-2007
  • New York State Bar Association, Commercial and Federal Litigation Section; and Real Property Section
  • Turnaround Management Association, Long Island Chapter, 1996-2001
  • Eastern Association of Equipment Lessors, 1996-2001
  • National Association of Consumer Bankruptcy Attorneys
  • Commercial Law League of America: Bankruptcy & Insolvency Committee; Creditors’ Rights Committee
  • Bankruptcy Lawyers Network
  • American Bankruptcy Institute, 2002-2006
  • Pro hac vice appearances in CT, DE, FL, OR, IL, MI, and NJ
  • US Bankruptcy Court for Southern District of New York, Eastern District of New York, Northern District of New York, Western District of New York
  • US District Court for Southern District of New York, Eastern District of New York, Northern District of New York, Western District of New York
  • New York, 1989

Pro bono/Community Service:

  • Attorney Mentor to Law Students and Paralegal Students - Teach law students litigation, foreclosure and law office management skills for externships through Brooklyn Law School, Cardozo Law School, St. John's University School of Law, and Berkeley College (2009 to 2017) http://www.laninlaw.com/legalassistants_interns., 2016
  • Homeless Advocacy Program, 1991-1997
  • Director and Vice President, 1266 Apartment Corporation
  • Avvo - Pro Bono advice. Avvo Rated Excellent. Expert contributor on Avvo Legal Question & Answer Forum  - respond to legal questions posted by members of the community.  (2015 - present)  
  • Attorney Mentor to Paralegal Students - Teach college students from Berkeley College paralegal skills in internships (2009 to present) (http://www.laninlaw.com/legalassistants_interns)
  • Allexpert.com Creditor And Bankruptcy Categories (formerly Expertcentral.com) - Pro Bono Advice (1999-2000).  Rated Best of the Best.
  • Judge, Civil Trial Institute St. John’s University School Of Law School (1996)

Scholarly Lectures/Writings:

  • Scott has been engaged by Access MCLE to teach an online CLE course on New York Foreclosure Law in 2017., Teacher/Presenter, Access MCLE, 2016
  • Scott conducted an Access MCLE seminar in a national CLE course for other attorneys entitled “How To Handle Commercial Litigation and Keep Your Clients Happy.” (Drafting and recording is in progress.), Seminar, 2015
  • Pre-Printed Invoice Terms, Course Of Dealing, And Possession Of Goods Did Not Give Creditor A Security Interest Under Articles 2 Or 9 Of The UCC, Commercial Law League Association, Bankruptcy and Insolvency Section Newsletter, Vol. 13, Issue 10, pp.1-4, April 1999
  • Contributing Author – Bankruptcy & Insolvency Newsletter, 1996-2001
  • New York Foreclosure Law Blog (2007 - present) www.nyforeclosurelaw.com Solutions and strategies for mortgage problems in New York. The longest running attorney blog in New York on debtor creditor issues for homeowners (10 years). Various articles concerning Foreclosure Defense Litigation, Loan Modification, Mortgage Workouts, and Bankruptcy. This blog is currently being moved to http://laninlaw.com/nyforeclosurelaw., Author, New York Foreclosure Law Blog
  • New York Business & Real Estate Litigator Blog (2012 - present) The martial art of commercial litigation. This blog is currently being transferred to http://laninlaw.com/ny-business-real-estate-litigator-blog., Author, New York Business & Real Estate Litigator Blog

Verdicts/Settlements:

  • Clients live in Nassau County, Long Island. They were being foreclosed by Citi in a case that was several years old. The clients/homeowners had defaulted in the action by failing to answer the summons and complaint. In 2015, the bank had agreed to a trial payment plan in writing and committed to make a permanent loan modification agreement if the homeowner's made 3 payments. They actually made 6 payments that were accepted. Then the bank ignored the agreement and filed a motion for a final judgment of foreclosure and sale that would permit them to schedule an auction of the home. Scott opposed the motion with affidavits, a exhibits, and a memorandum of law that briefed the legal arguments, including that the lender had breached an agreement to modify the loan. The lender's counsel withdrew it's motion and backed down. , 2016
  • Filed action in NY Supreme Court for H.O. Penn Machinery, Co. Inc. to recover on invoices and guaranty. Defendant filed an answer with counterclaims. We moved to dismiss 23 counterclaims and court granted motion and dismissed 22 of the claims. Then defendant settled the case and paid the balance due., 2016
  • Client owned $14 million building in the Bronx. Came to Scott on a Thursday. Scott filed an order to show cause in the Supreme Court on a Friday and appeared in court the next Monday and negotiated a court order with the lender's counsel and Judge to stop a foreclosure sale that was scheduled for Tuesday., 2016
  • Settled breach of contract arising out of a real estate contract to purchase a co-op in Brooklyn NY. Our client received her $42,000 deposit back., 2016
  • Our client filed for Chapter 7 bankruptcy after being unable to pay credit card debts.  We successfully filed a Chapter 7 case That allowed the client to keep nonexempt assets and discharge all of the debt. http://laninlaw.com/wp-content/uploads/Chapter-7-Discharge-Order-of-Final-Decree-PG.pdf, 2015
  • Client is the co-owner of a home in Franklin County, NY. They had both tried to modify their mortgage for years. The lender continued to foreclose. The client had not answered because of the pending settlement negotiations. When the lender tried to proceed with an auction, Scott filed an emergency order to show cause to allow a late answer, to vacate the judgment of foreclosure and sale that had been granted on default and to stay the sale. The court granted a TRO to stop the sale. http://laninlaw.com/wp-content/uploads/Order-to-Show-Cause-with-Temporary-Restraining-Order-Staying-Foreclosure-Sale-AN.pdf, 2015
  • Dispute over a common driveway between two homes in Brooklyn. Our clients’ neighbor sued them in the Kings Supreme Court seeking a declaratory judgment and an injunction. The plaintiffs wanted to use the easement for cars. Scott reviewed the conveying language in deeds for several decades. The plaintiff moved for summary judgment and contempt (for putting up a sign that said no parking, alleging that it violated a prior stipulation). Scott opposed both motions and defeated them after oral argument., 2015
  • This matter involved a contested partition action in the Kings County Supreme Court (Brooklyn). Our client inherited property along with some family members. All of the co-owners wanted to sell the property but one refused. A partition action was commenced. Ultimately, after conferences and motions, the court ruled in favor of the owners who wanted to sell, including our client. The property was sold at a public auction for a price that far exceeded expectations. Our client was very happy with the result. http://laninlaw.com/wp-content/uploads/Judgment-of-Partition-and-Sale-Kings-Supreme-EE.pdf, 2015
  • Our client filed for Chapter 13 bankruptcy because he had experienced a reduction in his income and had accumulated credit card debt. We successfully confirmed a Chapter 13 repayment plan that allowed him to keep his assets and only repay a small percentage of his debts. The remainder of the debts will be discharged upon completion of the plan. http://laninlaw.com/wp-content/uploads/Order-Confirming-Chapter-13-Plan-PK.pdf, 2014
  • Our client filed for Chapter 13 bankruptcy because her income was going to be reduced and she had trouble paying her mortgage loan on her home in Brooklyn. We successfully confirmed a Chapter 13 repayment plan that solved her problem.  http://laninlaw.com/wp-content/uploads/Order-Confirming-Chapter-13-Plan-PA.pdf, 2013
  • Won case for a client who lives in California and was sued by her ex-boyfriend in the New York Supreme Court in Manhattan. They have a daughter together. She brought a paternity suit in California and was awarded support against him. In a retaliatory suit, he alleged that she converted his investment accounts and interfered with them. She denied this completely. We moved to dismiss the case based on a lack of long-arm jurisdiction and won a heavily contested motion after oral argument.  http://laninlaw.com/wp-content/uploads/Order-Dismissing-Complaint-Lack-of-Long-Arm-Jurisdiction.pdf, 2013
  • Our client filed for Chapter 13 bankruptcy because she was self-employed and her freelance work had declined to the point where her income was not sufficient to make the payments due on her credit cards. We successfully confirmed a Chapter 13 repayment plan that allowed her to keep her assets and pay back only a small percentage of her debts. The remainder of the debts will be discharged upon completion of the plan. http://laninlaw.com/wp-content/uploads/Order-Confirming-Chapter-13-Plan-MD.pdf, 2012
  • Client went through 5 lawyers before Scott. She owned a rental property in the Bronx. She had fallen behind with her mortgage and worked out a forbearance agreement. She made the payments by Western Union but the lender rejected them and attempted to foreclose. Scott moved to stay a foreclosure sale, to permit a late answer, and to vacate her default. The Bronx Supreme Court granted the motion, dismissed the foreclosure action, and vacated the lis pendens. http://laninlaw.com/wp-content/uploads/Order-Dismissing-Complaint-and-Foreclosure-Action-DN.pdf, 2012
  • Client sought our help after his home was already sold at a foreclosure sale. He lived there with his elderly parent, his wife and several children. The judgment of foreclosure was entered on default. Scott prepared and filed an emergency order to show cause. The Westchester Supreme Court signed the order to show cause and issued a temporary restraining order stopping the lender and its lawyers from trying to transfer the property or evict our clients.
  • As counsel to European American Bank, Scott handled an action against Chase Bank for conversion under the Uniform Commercial Code. Scott defeated Chase Bank’s motion to dismiss the conversion claim under CPLR 32111. The action was ultimately settled. http://laninlaw.com/wp-content/uploads/EAB-v-Chase-Order-Dismissing-Conversion-Claim.pdf  
  • Represented European American Bank to collect a $1 million bank loan. Obtained a TRO and an order of attachment in the Supreme Court (Manhattan) against the borrower’s receivables. The borrower moved to Florida and used the collateral to wrongfully acquire a condo. When he filed Chapter 7, the bank commenced an adversary proceeding in Florida. Scott conducted a trial and defeated the homestead exemption and blocked discharge based on dishonest and fraudulent conduct.  EAB v. Lapes, 254 BR 501.

Transactions:

  • Obtained trial payment plan and permanent loan modification agreement for client to save her home and make her reduced mortgage payments affordable., 2016
  • Review and drafted clauses for credit installment agreements, guarantees, and other contracts for H.O. Penn Machinery Co., Inc., largest dealer of Caterpillar Construction Equipment on the U.S. East Coast., 2016
  • Reviewed client contract used by NY wedding video production company for weddings in Mexico., 2016
  • Drafted Operating Agreement and Rider for Limited Liability Company that is in the recruitment business., 2016
  • Handled commercial lease negotiations for a doctor opening a dialysis center., 2015
  • Our client, who is a certified public accountant, formed a partnership with several doctors in a new business venture to create an adult social center in Mount Vernon in Westchester New York. The entity wished to lease a commercial space to operate the business.  Our firm handled extensive negotiations and drafting of the commercial lease which was agreed upon by the landlord and our client., 2015
  • 1990 to present:  Handled many mortgage loan workouts for clients in residential and commercial matters. Negotiated and drafted consolidation and modification agreements. Handled loan modifications to help homeowners save their homes under the HAMP program and other in-house loss-mitigation programs through mortgage lenders and servicers.  Represented start ups in forming business and drafting operating agreements.  Drafted and negotiated commercial contracts, installment agreements, and commercial leases.  , 1990

Representative Clients:

  • 1990 to Present: Litigation and corporate outside counsel to H.O.Penn Machinery, Co., Inc. for 25 years - the largest dealer of Caterpillar construction equipment and generators on the US East Coast who also provided generators for the World Trade Center post 9/11.   Represented a wide variety of individual and corporate clients, including large companies, lenders, and finance companies including -  The Greater New York Savings Bank (now part of Astoria Federal), Broadway Mall CIT Group (largest asset based lender), Shinhan Bank America f/k/a CMB America Bank, successor in interest to Chohung Bank of New York, Citibank, European American Bank (“EAB”) (merged into Citibank in 2001), Bank of the West (As Of Counsel to Lofaro and Reiser LLP), G.E. Capital – Phoenixcor, Inc. (A leading U.S. equipment leasing and finance company), Keltic Financial Partners LP (A finance company providing asset based loans to domestic privately owned or public companies with sales ranging from $5 million to $75 million), RCC Finance Group Ltd. (Privately held equipment leasing company established in 1980 that handled secured leasing products ranging in size from $500,000 to $50,000,000), National Settlement Agency (Mortgage Closings and lender related services), Wintrade, Inc. and Wintrade Holding Corp. (A broker-dealer, NASD/SIPC member, One World Trade Center), Old Kent Bank (based in Michigan), Rodier Corp. (French perfume and clothing retailer with international locations), The Money Store of New York, General Electric Capital Corp., GE Capital Modular Space, GE Capital Fleet Services, Caterpillar Financial Services Corp., Mitsubishi Motors Credit Of America, Inc., BMW Financial Services, Inc., Sovereign Bank f/k/a Fleet Funding, NationsBank f/k/a Oxford Resources, Tilden Financial Corp., National Westminster Bank, Dime Savings Bank, New York National Bank, Home Federal Savings Bank, Chemical Bank, First Union Bank of Florida, The Prudential Bank and Trust Company, Fleet Bank, Key Bank, Mobil Oil, Sony, The Equitable Life Assurance Company, Chubb Insurance, General Growth Properties for Broadway Mall in Hicksville, Long Island (2d largest shopping mall operator in US), Stuart Gelberg, Chapter 13 Bankruptcy Trustee, Alan Helfand, As Chapter 7 Trustee, Charles Strain, As Bankruptcy Examiner, and Eli Wager, Retired Nassau Supreme Court Judge, As Receiver and As Guardian.  Personally appointed as receiver of commercial property on Long Island in the 1990's by Nassau County Supreme Court. Represented numerous homeowners and saved residential homes from foreclosure since 1990 with foreclosure defense litigation in Supreme Court of the State of New York in counties throughout the state, in Chapter 13 bankruptcy cases in the United States Bankruptcy Court for the Eastern District of New York in Westbury, Hauppauge, Brooklyn and Central Islip, and in the United States Bankruptcy Court for the Southern District of New York in Manhattan and White Plains, and with in-court and out-of-court settlements to solve mortgage and tax arrears, and with forbearance agreements and with mortgage loan modifications under the Home Affordable Modification Program (HAMP) and non-HAMP modifications with lenders and banks. Represented individual and corporate owners of commercial real estate in foreclosure defense litigation. Counsel to Camp NYDA (New York Diabetes Association) Alumni Association.

Other Outstanding Achievements:

  • Rating of 10 out 10 on Avvo - May 2016. Awarded Top Attorney and Client's Choice in the areas of Foreclosure, Litigation, Bankruptcy and Business Law., 2016
  • Martial arts training since 1984, instructor since 1987.  2d degree black belts in karate and taekwon-do.
  • Approved Access MCLE instructor.  (2015)
  • Judge, Civil Trial Institute St. John’s University School Of Law School (1996)

Newsletters:

  • Electronic newsletter for businesses and homeowners to a subscriber list. Covers Foreclosure Defense and Commercial Litigation., Blackbelt Litigator®

Educational Background:

  • New York University Stern School Of Business, B.S. Finance And Management Cum Laude; Top 5%; GPA 3.64/4.0; Dean’s List; University Founders’ Day Scholar; Beta Gamma Sigma (Management Honor Society); Phi Alpha Kappa (Finance Honor Society)., 1986

Industry Groups

  • Allexpert.com Creditor And Bankruptcy Categories (formerly Expertcentral.com)(1999-2000)
  • American Bankruptcy Institute(2002-2006)
  • American Bar Association: Litigation Section: Bankruptcy And Insolvency Committee
  • And Trial Practice Committee; Business Law Section; And Law Practice Management Section (1990-2007)
  • Bankruptcy Lawyers Bar Association Of The City Of New York (1990-1993)
  • Bankruptcy Lawyers Network
  • Business Networking International (Vice President Chapter 3 2013-2015)
  • Business Networking International - Manhattan Chapter 53 (2016)
  • Civil Trial Institute St. John’s University School Of Law School (1996)
  • Commercial And Banking Litigation Committee
  • Commercial And Federal Litigation Section; And Real Property Section
  • Commercial Law League Of America: Bankruptcy & Insolvency Committee; Creditors’ Rights Committee; Ea
  • International Executive Guild
  • International Who’s Who
  • Judge
  • Long Island Chapter (1996-2001)
  • Nassau County Bar Association: Bankruptcy Committee; And Homeless Advocacy Program (1991-1997)
  • National Association Of Consumer Bankruptcy Attorneys (8/7/05 To 4/27/10)
  • New York State Bar Association
  • Turnaround Management Association
Office Location for Scott L. Lanin

505 Eighth Avenue
Suite 1402
New York, NY 10018

Phone: 212-235-1839

Fax: 646-381-3643

Scott L. Lanin:

Last Updated: 1/16/2019

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