Scott Wolfson

Practice Areas

Scott Wolfson 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.

Professional Memberships

American Bankruptcy Institute, Central States Advisory Board (2014 – present); Coordinating Editor, Problems in the Code (2019 – 2020)

American Bar Association, Business Bankruptcy Committee (2014 – 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)

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)

Publications

“Pier 1: Do Claims Agents Make Neglect Less Excusable?”, American Bankruptcy Institute Journal, June 2024

“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)

Expert in these Jurisdictions

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

Work Highlights

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.

Awards

Education