Scott A. Wolfson

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 include original equipment manufacturers, tier-one and sub-tier suppliers, technology companies, start-ups, directors and officers, trade creditors, distressed companies, debtors, trustees, receivers, lenders, landlords, tenants, asset purchasers, lessors, preference and fraudulent transfer defendants, and unsecured creditors' committees.

Restructures financially distressed companies in and out of court.

Litigates a broad range of commercial disputes.

Represents purchasers of assets in bankruptcy and state court insolvency proceedings.

Certified mediator with extensive experience mediating bankruptcy and commercial disputes.

Represents all interests in bankruptcy litigation, assignments for the benefit of creditors, and receiverships.

Represents members of boards of directors and corporate officers in breach of fiduciary duty and derivative litigation.

Extensive experience representing original equipment manufacturers and suppliers, including ensuring the continuity of supply from non-performing, financially distressed, or bankrupt suppliers.

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

More About Scott

Representative of Unsecured Creditors' Committees:

VPH Pharmacy, Inc. – Lead 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 Counsel in bankruptcy of steel producer with pre-bankruptcy sales in excess of $115 million.
Richfield Equities, L.L.C. – Lead 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 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 pre-bankruptcy annual sales of $200 million.
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.

Honors

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

Publications

"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)

Speaking Engagements

“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

Hearing Panelist, Michigan Attorney Discipline Board (2017 – present)
American Bar Association, Business Bankruptcy Committee (Rules Subcommittee Vice Chair, 2014 – 2017, Chair 2017 - present)
Oakland County Circuit Court Case Evaluator, Complex Commercial Panel (2011 - present)
State Bar of Michigan, Representative Assembly (2004-2010)
Federal Bar Association, Eastern District of Michigan
American Bankruptcy Institute, Central States Advisory Board (2014-present)
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)