Attorney Profile

Scott W. Foley is Chair of Shapiro Sher's Banking & Financial Services Group. Mr. Foley has over twenty years of experience in the finance industry and is devoted to achieving the best results possible for financial institutions. He regularly represents regional and community banks, credit unions, financial service companies and other lenders throughout the commercial-lending process. In times of economic distress, lenders turn to Mr. Foley to assist with improving loan processes to increase efficiency and decrease costs while protecting lenders’ rights.

Mr. Foley has also obtained favorable results for financial services institutions in:

  • Commercial loan workouts and restructurings;
  • Short and long-term loan modifications and forbearance agreements;
  • Foreclosures and secured creditor sales;
  • Note sales;
  • Complying with U.S. Small Business Administration (SBA) Standard Operating Procedures and protecting SBA guarantees;
  • Loan participation and other inter-creditor disputes;
  • Lender liability matters;
  • Defending fraudulent and other conveyance claims; and
  • Other commercial collection matters.

On behalf of lenders, Mr. Foley has handled an extensive array of commercial loan transactions, including asset-based financing arrangements involving significant income producing properties; financing transactions related to real estate development projects, historic properties, and mixed-use development sites; and SBA 7(a) loans and other SBA guaranteed loans.

An experienced commercial litigator, he handles litigation in state courts and federal bankruptcy courts in Maryland, the District of Columbia, Virginia, Delaware, and other jurisdictions on behalf of secured and unsecured creditors. He has successfully represented secured lenders in numerous major bankruptcy cases involving relief from automatic stays, avoidance actions, discharge litigation, use of cash collateral, and plan confirmation issues. His commercial and business litigation experience also includes representations of insurance premium finance companies in bankruptcy cases throughout the United States. He is cited in Maryland Super Lawyers and Best Lawyers in America.

Before entering private practice, Mr. Foley served as Judicial Law Clerk to the Honorable Edward A. DeWaters, Jr., a former Chief Judge of the Circuit Court of Maryland for Baltimore County. An active member of several bar associations, Mr. Foley has served on the boards of The Franciscan Center and The Homeland Association.

Affiliations

  • Member, Bankruptcy Bar Association
  • Member, Maryland Bar Association
  • Member, Virginia Bar Association
  • Member, District of Columbia Bar Association
  • Volunteer, Maryland Volunteer Lawyers Services
  • Former Board Member, The Franciscan Center
  • Former Board Member, The Homeland Association

News & Publications

May 19, 2020
The Small Business Reorganization Act: What a Lender Needs to Know

The Banking & Financial Services Group examines key provisions in the newly enacted Small Business Reorganization Act.

April 16, 2020
The Paycheck Protection Program: Unintended Risks for Lenders

The Banking & Financial Services Group discusses implementation of procedures by lenders during the PPP loan process to mitigate risk.​

March 19, 2020
Covid-19's Implications for Existing Commercial Credit Facilities: An Uptick in Defaults is Coming

The Banking & Financial Services Group discusses Covid-19 defaults and short-term loan modifications.​​

August 19, 2019
Ten Shapiro Sher Attorneys Featured in The Best Lawyers in America

January 02, 2019
Thirteen Shapiro Sher Attorneys Recognized in Maryland Super Lawyers 2019

December 19, 2017
Maryland Super Lawyers Recognizes Twelve Shapiro Sher Attorneys

August 23, 2017
Best Lawyers in America Recognizes Nine Shapiro Sher Attorneys

December 15, 2015
Maryland Super Lawyers 2016 list includes 12 Shapiro Sher attorneys

Eleven Shapiro Sher attorneys are cited in Maryland Super Lawyers 2016

March 31, 2015
"Commercial lending work: cyclical but steady"

Shapiro Sher partner Scott Foley is featured in an article in The Maryland Daily Record.

December 31, 2013
Seventeen SSG&S Attorneys Included in Maryland Super Lawyers 2014

The new Maryland Super Lawyers list, just published by Thomson Reuters, names nearly all of the Firm's attorneys, including four lawyers identified as “Rising Stars” of the legal community.