Scott A. Wolfson

Practice Lead - Corporate Bankruptcy & Restructuring; ADR/Facili

Practice Areas

Bio

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.

Education

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

Admitted

Michigan
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.

Honors

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

Publications

Speaking Engagements

“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.

Professional Involvement

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)

Pro Bono

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
- Associate (1995-1997)

Mobile: 248-703-1281