Scott has a diverse national practice focusing on bankruptcy and insolvency, commercial litigation, business disputes and counseling, automotive supply chain issues, and ADR/facilitation.
Clients have included distressed companies, corporate debtors in bankruptcy, unsecured creditors’ committees, preference and fraudulent transfer defendants, hospitals, tier-one and sub-tier suppliers, technology companies, start-ups, directors and officers, trade creditors, trustees, receivers, lenders, landlords, tenants, asset purchasers, and lessors.
- Restructures financially distressed companies in and out of court.
- Represents all interests in bankruptcy litigation, assignments for the benefit of creditors, and receiverships.
- Litigates a broad range of commercial disputes.
- Experience representing hospitals, administrators of accountable care organizations, and trustees and creditors’ committees of closed-door pharmaceutical companies.
- Extensive experience representing original equipment manufacturers and suppliers, including ensuring the continuity of supply from non-performing, financially distressed, or bankrupt suppliers.
- Represents purchasers of assets in bankruptcy and state court insolvency proceedings.
- Certified mediator with extensive experience mediating bankruptcy and commercial disputes.
- Serves as an arbitrator of commercial disputes, including as a member of the American Arbitration Association's National Roster of Commercial Arbitrators.
- Represents 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 a former prosecutor for the Keweenaw Bay Indian Community.
- University of Minnesota Law School, J.D.
- Honors: Cum Laude
- Law Review: Managing Editor, Law and Inequality Journal
- Michigan State University, James Madison College, B.A.
- Honors: with High Honors, Phi Beta Kappa, Mortar Board
- U.S. District Court, Western District of Michigan
- U.S. District Court, Eastern District of Michigan
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, Northern District of Illinois; Trial Bar
Representative Debtors and Unsecured Creditors’ Committees
- Gissing North America – Lead Debtor Counsel in eight-debtor bankruptcy of multi-state, tier-one automotive suppliers resulting in successful going concern sales under Section 363 of the Bankruptcy Code.
- LightRx Face & Body – Lead Debtor Counsel in 28-debtor bankruptcy of national med-spa chain resulting in successful sale to going concern buyer under Section 363 of the Bankruptcy Code.
- VPH Pharmacy, Inc. – Lead Committee Counsel in bankruptcy of closed-door pharmacy that provided medications and consulting services to approximately 60 different assisted living centers, foster care facilities, retirement communities, and long-term care facilities.
- Frank W. Kerr Company – successfully prosecuted involuntary bankruptcy petition against pharmaceutical wholesaler with sales in excess of $300 million annually pre-bankruptcy; served as Michigan Counsel to Official Committee of Unsecured Creditors in converted Chapter 11 case.
- Lee Steel Corporation – Lead Committee Counsel in bankruptcy of steel producer with pre-bankruptcy sales in excess of $115 million.
- Richfield Equities, L.L.C. – Lead Committee Counsel in bankruptcy of a vertically-integrated solid waste collection, transfer, disposal, and recycling company with operations in Michigan.
- Trans-Industries, Inc. and affiliates – Lead Committee 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 Committee Counsel in bankruptcy of metals recycler with pre-bankruptcy annual sales of $200 million.
- Steel Parts Corporation – Lead Committee 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 Committee 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 Committee Counsel in bankruptcy of limousine manufacturer.
- Billy Bob's Gameroom Furnishings – Lead Michigan Committee Counsel – negotiated dividend to unsecured creditors two times that required by Debtor's plan.
- The Best Lawyers in America (2010 - 2023); Litigation-Bankruptcy "Lawyer of the Year" in Troy (2017, 2022)
- Named one of the top 100 lawyers in Michigan in the 2010 - 2016, 2018 - 2022 Super Lawyers survey
- Ranked in Chambers and Partners USA Guide (2022-2023) in the Bankruptcy/Restructuring – Michigan (Band 2) category.
- American College of Bankruptcy Fellow (2019, 31st Class); Director, American College of Bankruptcy Foundation (2022 – present)
- American Bar Foundation Fellow
- Fellow, Oakland County Bar Foundation
- Martindale-Hubbell AV® Preeminent™ Peer Review Rated
- "Critically Thinking About Your Critical-Vendor Status," American Bankruptcy Institute Journal, July 2023
- "Unsecured Claim for Post-Petition Contractual Attorneys' Fees? File It," American Bankruptcy Institute Journal, May 2019
- "Setoff: Preference Defense 2.0," American Bankruptcy Institute Journal, February 2018
- "Check Engine: Rules of the Road to Navigate Upcoming Auto Distress," American Bankruptcy Institute Journal, January 2018
- "Cheat Sheet for Litigating in Bankruptcy Court," 95 Michigan Bar Journal 40, May 2016
- "Golden Guernsey: A WARNing to Directors and Officers," American Bankruptcy Institute Journal, April 2016
- "MF Global Court Declines D&O Insurance Nanny Role," American Bankruptcy Institute Journal, May 2015
- "The Moral of Emoral: Expanding Trustee Standing," American Bankruptcy Institute Journal, February 2015
- "Plan's Release of Nondebtors Invalid Under Dow Corning," American Bankruptcy Institute Journal, September 2014
- "Banking on Liability: Claims Against Ponzi Scheme Professionals," American Bar Association Commercial & Business Litigation Newsletter, Fall 2013, Vol. 15, No. 1
- "Unflopping the Debtor: Finding Fairness in Financing," American Bankruptcy Institute Journal, November 2013
- "Key Employee Incentive Programs Make 'Cents' for Creditors," American Bankruptcy Institute Journal, November 2012
- "Fraudulent Transfers in Bankruptcy: A Primer," Michigan Lawyers Weekly, August 20, 2012
- "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)
- “Retail Cases from Coast to Coast: What Can Unsecured Creditors Expect to See?” American Bankruptcy Institute’s Central States Conference, June 2023, Panelist.
- “Inflation, Restructuring, and Opportunities," Economic Club of Marquette County, January 2023
- “Supply Chain Instability and Disruption as a Key Source of Distress and Bankruptcy: A Long-Term Influence,” American Bankruptcy Institute’s Winter Leadership Conference, December 2022
- “Bankruptcy Primer: Corporate Bankruptcy Overview,” Michigan Association of CPAs, November 2022
- “On Cruise Control or Approaching a Detour? Current Issues for Automotive Distress,” American Bankruptcy Institute Webinar, November 2019
- “Nondischargeability of Bankruptcy Debts Obtained by Actual Fraud: Husky International and Post-Husky Developments,” Federal Bar Association for the Western District of Michigan Bankruptcy Seminar, July 2017.
- “Depositions in Consumer Bankruptcy Cases,” Plenary Session of American Bankruptcy Institute’s Hon. Steven W. Rhodes Consumer Bankruptcy Conference, November 2016, Moderator.
- "The Intersection of Limited Liability Companies and Bankruptcy," American Bankruptcy Institute’s Central States Conference, June 2016, Moderator.
- "Understanding D&O and E&O Policy Issues in Bankruptcy," American Bankruptcy Institute’s Annual Spring Meeting, April 2016, Moderator.
- "Hot Bankruptcy Topics Involving D&O and E&O Policies," American Bankruptcy Institute’s Central States Conference, June 2015, Moderator.
- "Counseling the Closely Held Business in Financial Trouble – Where Do I Begin?" American Bar Association Business Law Section, September 10, 2014.
- American Bankruptcy Institute, Tricks of the Trade, "Third Party Releases in Chapter 11 Plans," August 6, 2014.
- "The Forensic Accountant’s Role in Unraveling Bankruptcy and Pre-Bankruptcy Fraud and Misconduct," Michigan Association of Certified Public Accountants Litigation & Business Valuations Conference, May 21, 2014.
- "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.
- American Bankruptcy Institute, Central States Advisory Board (2014 – present); Coordinating Editor, Problems in the Code (2019 – 2020)
- American Bar Association, Business Bankruptcy Committee (Rules Subcommittee Vice Chair, 2014 – 2017, Chair 2017 - present)
- Hearing Panelist, Michigan Attorney Discipline Board (2017 – present)
- Oakland County Circuit Court Case Evaluator, Complex Commercial Panel (2011 – present)
- Entrepreneurs’ Organization – Detroit Chapter (President, 2020 – 2021; President Elect, 2019 – 2021; Marketing and Communications Chair, 2017 – 2019; Integration Chair, 2015 – 2017; Strategic Alliance Partner Chair, 2013 – 2015)
- American Health Lawyers Association (2019 - Present)
- State Bar of Michigan, Representative Assembly (2004 – 2010)
- Federal Bar Association, Eastern District of Michigan
- 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.
Prior Employment Experience
- Honigman Miller Schwartz and Cohn LLP
- Associate (1997-2001), Partner (2001-2008)
- Kendricks Bordeau