Adam R. Prescott

I am a shareholder at Bernstein, Shur, Sawyer & Nelson, PA in Portland, Maine, where I represent businesses and individuals in bankruptcy, out-of-court restructurings, and other complex transactional and litigation matters, with a focus on chapter 11 cases. I have represented chapter 11 debtors and post-confirmation trustees in cases filed across various jurisdictions, including bankruptcy courts in Maine, Massachusetts, Vermont, Ohio, Texas, and Delaware. My chapter 11 practice spans a broad range of industries, including health care, manufacturing, transportation, energy, real estate development, hospitality, and retail. I have also worked with numerous small business debtors, assisting them in successfully reorganizing under the Small Business Reorganization Act of 2019 (Subchapter V). Beyond my work representing chapter 11 debtors, I have experience working with secured lenders, unsecured creditors’ committees, debtor-in-possession lenders, asset purchasers, landlords, trade vendors, and other parties involved in chapter 11 and chapter 7 cases. My practice also includes litigating preference actions, fraudulent transfer lawsuits, and bankruptcy appeals. I frequently contribute to discussions on bankruptcy law and practice, particularly developments related to Subchapter V. I have authored several articles on Subchapter V topics and case law updates, with publications in the ABI Journal, the Norton Journal of Bankruptcy Law and Practice, the Maine Bar Journal, and Law360. Additionally, I have presented on Subchapter V and other bankruptcy matters at events like the ABI Annual Spring Meeting and ABI Northeast Conference. I also spoke as a witness on Subchapter V eligibility issues during the ABI Subchapter V Task Force’s June 23, 2023 public hearing and have participated in a variety of national webinars and panels.