Scott Wolfson Photo

Scott A. Wolfson

Attorney

  • 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.
  • 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

  • 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

  • American Bar Foundation Fellow (2020)
  • American College of Bankruptcy Fellow (2019, 31st Class)
  • The Best Lawyers in America (2010 - 2022); Litigation-Bankruptcy "Lawyer of the Year" in Troy (2017, 2022)
  • Named one of the top 100 lawyers in Michigan in the 2010 - 2016, 2018 - 2021
  • Super Lawyers survey; top 50 Michigan business lawyers (2013 - 2016)
  • Michigan Super Lawyers (2009 - 2021)
  • Michigan Super Lawyers Rising Stars (2008)
  • DBusiness Top Lawyers (2010 - 2019)
  • Named an "Outstanding Attorney" by Crain's Detroit (2009 - 2012)
  • Fellow, Oakland County Bar Foundation
  • Martindale-Hubbell AV® Preeminent™ Peer Review Rated

Publications

Speaking Engagements

  • “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 Elect, 2019 – present; 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