Education
University of Minnesota Law School, J.D., 1995
Honors: Cum Laude
Law Review: Managing Editor, Law and Inequality Journal, 1994 – 1995
Michigan State University, James Madison College, B.A., 1992
Honors: with High Honors, Phi Beta Kappa, Mortar Board
Admitted
Michigan, 1995
U.S. District Court,
Western District of Michigan, 1995
U.S. District Court, Eastern District of Michigan, 1997
U.S. Court of Appeals, Sixth Circuit, 2000
U.S. District Court, Northern District of Illinois, 2001; Trial Bar, 2003
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Scott A. Wolfson
- Diverse national practice focusing on bankruptcy and insolvency law, debtors' and creditors' rights, commercial litigation, and workouts.
- Clients include original equipment manufacturers, tier one and sub-tier suppliers, trade creditors, distressed companies, debtors, trustees, receivers, lenders and other secured creditors, landlords, tenants, asset purchasers, lessors, preference and fraudulent transfer defendants, and unsecured creditors' committees.
- Extensive representation of original equipment manufacturers and suppliers, including ensuring the continuity of supply from non-performing, financially distressed, or bankrupt suppliers.
- Expertise in representing customers in the enforcement of their contract rights with suppliers in both state and federal courts.
- Extensive experience litigating lien disputes under Michigan's Special Tools Lien Act and Molder's Lien Act.
- Advises secured creditors in all aspects of loan workouts and restructurings, including creditors' rights representation.
- Represents financially distressed companies restructuring in and out of court.
- Represents purchasers of assets in bankruptcy and similar state court proceedings, including litigation of sale procedures and disputes.
- Certified mediator with extensive experience mediating preference and fraudulent conveyance disputes.
- Sample engagement: appointed primary mediator in In re Pine River Plastics, Inc.
- Experience representing members of boards of directors and corporate officers in breach of fiduciary duty and derivative litigation.
- Criminal jury trial experience as defense counsel (obtained felony acquittal) and as former prosecutor for the Keweenaw Bay Indian Community.
- Trans-Industries, Inc. and affiliates – Lead Counsel – Debtors were among the first and largest public companies to file for bankruptcy after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
- Hog Brothers Recycling, LLC – Lead Counsel in bankruptcy of metals recycler with annual sales of $200 million shortly before bankruptcy.
- Steel Parts Corporation – Lead Counsel – obtained $600,000 payment from Debtor's pre-petition lender on threatened fraudulent conveyance action without filing a complaint.
- Waste Reduction by Waste Reduction – Lead Counsel in bankruptcy of biohazardous and radioactive waste disposal company – obtained dividend to unsecured creditors through strategic involvement in sale process.
- DriveSol Worldwide, Inc. and DriveSol Global Steering, Inc. – Lead Counsel for Informal Committee in out-of-court liquidation of global automotive manufacturer – obtained significant dividend to unsecured creditors through discovery of lender's failure to record mortgages on several parcels of real estate in three states.
- Empire Coach Enterprises – Lead Counsel in bankruptcy of limousine manufacturer.
- Billy Bob's Gameroom Furnishings – Lead Michigan Counsel – negotiated dividend to unsecured creditors two times that required by Debtor's plan.
- Named one of the top 100 lawyers in Michigan in the 2011 and 2010 Super Lawyers survey
- Michigan Super Lawyers (2009 and 2010)
- Michigan Rising Stars (2008)
- DBusiness Top Lawyers (2010 - 2012)
- The Best Lawyers in America (2010 - 2012)
- Named an "Outstanding Attorney" by Crain's Detroit (2009 - 2012)
- Fellow, Oakland County Bar Foundation
- Martindale-Hubbell AV® Preeminent™ Peer Review Rated
- "There Are Options to Reduce or Eliminate a Preference Exposure," Michigan Lawyers Weekly, August 15, 2011
- "Commentary: A Roadmap for Bankruptcy Litigation," ANDREWS LITIGATION REPORTER, Vol. 5, Issue 16/December 12, 2008 (Thomson West)
- "A Road Map for Bankruptcy Litigation," Michigan Business Law Journal, Vol. XXVIII, Issue 1 (Spring 2008)
- "Ordinary-Course Preference Defense: 'And' to 'Or' Means Preference No More?" The Bankruptcy Strategist, Vol. 23, No. 10 (August 2006)
- "'And' to 'Or' Means Preference No More: The Expansion of the 'Ordinary Course' Bankruptcy Preference Defense," Michigan Business Law Journal, Vol. XXVI, Issue 1 (Spring 2006)
- "Deciphering the Damage Cap: Filing the Landlord's Claim in Bankruptcy," 81 Michigan Bar Journal 26 (2002)
- "Legal Issues in Buying and Selling Distressed Assets," Business Law Section of the State Bar of Michigan and the Grand Traverse-Leelanau-Antrim Bar Association, Panelist, June 3, 2011.
- "Tell It to the Bankruptcy Judge? Limitations on Bankruptcy Court Jurisdiction," American Bankruptcy Institute's Central States Conference, June 2009, Speaker
- "Should Your Client Consider Bankruptcy?" Michigan Association of CPAs Spring Management Information Show, June 2009, Speaker, and CPE Mega Conference, October 2009, Speaker
- "Providing Forensic Accounting Assistance in Bankruptcy Matters," Michigan Association of CPAs Litigation Conference, June 2009, Speaker
Professional Involvement
- State Bar of Michigan
- Representative Assembly: 2004 - 2010
- Federal Bar Association, Eastern District of Michigan
- American Bankruptcy Institute
- Turnaround Management Association
- James Madison College Alumni Association
- Board of Directors, 1998 – 2004
- Secretary, 2003 – 2004
- Successfully represented, as cooperating counsel for the ACLU, Lincoln Park High School student Crystal Seifferly in highly-publicized First Amendment case. Crystal claimed the school's "Gang/Cult" policy, which prohibited her from wearing the symbol of her religious faith, was unconstitutional.
- Appointed by United States Bankruptcy Court for the Eastern District of Michigan to represent several indigent debtors in proceedings seeking to hold indebtedness non-dischargeable.
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