Scott A. Wolfson

Top rated Bankruptcy attorney in Troy, Michigan

Wolfson Bolton Kochis PLLC
Scott A. Wolfson
Wolfson Bolton Kochis PLLC

Practice Areas: Bankruptcy, Business Litigation, Alternative Dispute Resolution

Licensed in Michigan since: 1995

Education: University of Minnesota Law School

Languages Spoken: English, German

Selected to Super Lawyers: 2009 - 2024 Selected to Rising Stars: 2008

Wolfson Bolton Kochis PLLC

3150 Livernois
Suite 275
Troy, MI 48083 Phone: 248-247-7103 Email: Scott A. Wolfson Visit website

Details

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, physician groups, 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 Commercial Panel.

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.

First Admitted: 1995, Michigan

Professional Webpage: https://www.wolfsonbolton.com/who-we-are/scott-a-wolfson/

Bar/Professional Activity:
  • Arbitrator, appointed a member of the American Arbitration Association's National Roster of Commercial Arbitrators (2019 – present)
  • Hearing Panelist, Michigan Attorney Discipline Board (2017 – present)
  • Oakland County Circuit Court Case Evaluator, Complex Commercial Panel (2011 - present)
  • American Health Lawyers Association (2019 - Present)
  • Entrepreneurs’ Organization – Detroit Chapter (Immediate Past President, 2021 – present; President, 2020 – 2021; President Elect, 2019 – 2020; Marketing and Communications Chair, 2017 – 2019; Integration Chair, 2015 – 2017; Strategic Alliance Partner Chair, 2013 – 2015)
  • Member of the Federal Bar Association, Eastern District of Michigan
  • 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)  
  • Elected Member of the Representative Assembly of the State Bar of Michigan, 2004-2010; Chair of Rules and Calendar Committee, 2007-2008., 2010
  • Speaker, American Bankruptcy Institute's Central States Conference (June 2009 - "Tell It to the Bankruptcy Judge?  Limitations on Bankruptcy Court Jurisdiction"), 2009
  • Speaker, Michigan Association of CPAs Spring Management Information Show (June 2009 - "Should Your Client Consider Bankrupty?"), Litigation Conference (June 2009 - "Providing Forensic Accounting Assistance in Bankruptcy Matters"), and CPE Mega Conference (October 2009 - "Should Your Client Consider Bankruptcy?")., 2009
  • Appointed to Mediation Panel of the U.S. Bankruptcy Court for the Eastern District of Michigan.  I continue to serve as a mediator of bankruptcy-related disputes., 2008
  • James Madison College Alumni Association, Board of Directors (1998 – 2004), Secretary (2003 – 2004)
  • Admitted in Michigan, 1995; U.S. District Court, Western District of Michigan, 1995; U.S. District Court, Eastern District of Michigan, 1997; U.S. Court of Appeals, 6th Circuit, 2000; U.S. District Court, Northern District of Illinois, 2001 and Trial Bar, 2003.
  • Managing Editor, Law and Inequality Journal, 1994-95, 1994
Verdicts/Settlements (Case Results):
  • Successfully tried case 00-67591-CZ in Genesee County Circuit Court on behalf of General Motors Corporation utilizing novel theory of abuse of process to force creditors to cease execution against property of a GM supplier where the value of the supplier's property was vastly insufficient to satisfy the liens of secured creditors with priority over the executing creditors., 2000
  • Obtained felony acquittal in my first Michigan State Circuit Court jury trial.  State of Michigan was represented by Michigan's longest serving prosecutor, Gary Walker.  Trial was in Marquette County Circuit Court before the Honorable Edward Quinnel., 1997
Representative Clients:
  • 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.
Special Licenses/Certifications:
  • Admitted: Michigan, 1995; U.S. District Court, Western District of Michigan,1995; U.S. District Court, Eastern District of Michigan, 1997; U.S. Sixth CircuitCourt of Appeals, 2000; U.S. District Court, Northern District of Illinois, 2001 andTrial Bar, 2003.
  • Certified Mediator, 2009
  • Admitted to Trial Bar for the U.S. District Court, Northern District of Illinois., 2003
Pro bono/Community Service:
  • Successfully represented, as cooperating counsel for the ACLU, Lincoln Park High School student Crystal Seifferly in highly-publicized First Amendment case.  Crystal claimed that the school's "Gang/Cult" policy, which prohibited her from wearing the symbol of her Wiccan faith, was unconstitutional.  Case was tried before the Honorable Gerald Rosen in the Eastern District of Michigan., 1999
  • Board of Directors of James Madison College Alumni Association at Michigan State University; Secretary from 2003-2004., 1998
  • Recipient of Certificate of Appreciation from the United States Bankruptcy Court for the Eastern District of Michigan for representation of indigent debtor in adversary proceeding seeking to hold indebtedness non-dischargeable.  Representation was in 2007 and 2008., 2007
  • Fellow, Oakland County Bar Foundation
Honors/Awards:
  • American Bar Foundation Fellow (2020), Fellow, American Bar Foundation
  • Obtained Martindale-Hubbell's highest proficiency rating (AV and Preeminent)., AV and Preeminent Rating, Martindale-Hubbell
  • American College of Bankruptcy Fellow (2019, 31st Class), Fellow, American College of Bankruptcy
  • Michigan Rising Stars (2008), Michigan Rising Star, Super Lawyers
  • Michigan Super Lawyers (2009 - 2020); Super Lawyers survey; top 50 Michigan business lawyers (2013 - 2016), Michigan Super Lawyer, Super Lawyers
  • Recognized as a "Top Lawyer" by DBusiness (2010 - 2021), Top Lawyer in Metro Detroit, DBusiness
  • Fellow, Oakland County Bar Foundation, OCBA
  • The Best Lawyers in America (2010 - 2021); Litigation-Bankruptcy "Lawyer of the Year" in Troy (2017); Named one of the top 100 lawyers in Michigan in the 2010 - 2016, 2018 - 2020, The Best Lawyers in America, The Best Lawyers in America
  • Named an "Outstanding Attorney" by Crain's Detroit (2009 - 2012), Outstanding Attorney, Crain's Detroit
  • Recognition of representation of indigent debtor in defense of adversary proceeding seeking to hold indebtedness non-dischargeable., Certificate of Appreciation, United States Bankruptcy Court for the Eastern District of Michigan, 2007
  • Inducted as a member of Phi Beta Kappa in 1992., Phi Beta Kappa, 1992
  • Inducted as a member of Mortar Board in 1992., Mortar Board, 1992
Educational Background:
  • University of Minnesota Law School, J.D.Honors: Cum LaudeLaw Review: Managing Editor, Law and Inequality Journal
Scholarly Lectures/Writings:
  • https://s3.amazonaws.com/abi-org-corp/journals/last_0.pdf, Author, MF Global Court Declines D&O Insurance Nanny Role, American Bankruptcy Institute Journal, 2015
  • https://www.americanbar.org/groups/litigation/committees/commercial-business/articles/2013/banking-on-liability-claims-against-ponzi-scheme-professionals/, Author, Banking on Liability: Claims Against Ponzi Scheme Professionals, American Bar Association Commercial & Business Litigation Newsletter, Fall 2013, Vol. 15, No. 1, 2013
  • https://s3.amazonaws.com/abi-org-corp/journals/2014/july/last.pdf, Author, Plan's Release of Nondebtors Invalid Under Dow Corning, American Bankruptcy Institute Journal, 2014
  • https://s3.amazonaws.com/abi-org-corp/journals/2014/december/feature2.pdf, Author, The Moral of Emoral: Expanding Trustee Standing, American Bankruptcy Institute Journal, 2014
  • https://www.michbar.org/file/barjournal/article/documents/pdf4article2861.pdf, Author, Cheat Sheet for Litigating in Bankruptcy Court, 95 Michigan Bar Journal 40, 2016
  • https://s3.amazonaws.com/abi-org-corp/journals/news_04-16.pdf, Author, Golden Guernsey: A WARNing to Directors and Officers, American Bankruptcy Institute Journal, 2016
  • "Commentary: A Roadmap for Bankruptcy Litigation," ANDREWS LITIGATION REPORTER, Vol. 5, Issue 16/December 12, 2008 (Thomson West), Author, Commentary: A Roadmap for Bankruptcy Litigation, Andrews Litigation Reporter (Thomson West), 2008
  • https://s3.amazonaws.com/abi-org-corp/journals/feature1_01-18.pdf, Author, Check Engine: Rules of the Road to Navigate Upcoming Auto Distress, American Bankruptcy Institute Journal, 2018
  • https://s3.amazonaws.com/abi-org-corp/journals/last_02-18.pdf, Author, Setoff: Preference Defense 2.0, American Bankruptcy Institute Journal, 2018
  • https://s3.amazonaws.com/abi-org-corp/journals/last_05-19.pdf, Author, Unsecured Claim for Post-Petition Contractual Attorneys' Fees? File It!, American Bankruptcy Institute Journal, 2019
  • "A Road Map for Bankruptcy Litigation," Michigan Business Law Journal, Vol. XXVIII, Issue 1 (Spring 2008), Author, A Road Map for Bankruptcy Litigation, 2008
  •  "Ordinary-Course Preference Defense: 'And' to 'Or' Means Preference No More?" The Bankruptcy Strategist, Vol. 23, No. 10 (August 2006), Author, Ordinary-Course Preference Defense:, 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), Author, 2006
  • "Deciphering the Damage Cap: Filing the Landlord's Claim in Bankruptcy," 81 Michigan Bar Journal 26 (2002), Author, Deciphering the Damage Cap: Filing the Landlord's Claim in Bankruptcy, 2002
  • "There Are Options to Reduce or Eliminate a Preference Exposure," Michigan Lawyers Weekly, August 15, 2011
  • Panelist on "Legal Issues in Buying and Selling Distressed Assets," June 2, 2011, Business Law Section of State Bar of Michigan and the Grand Traverse-Leelanau-Antrim Bar Association., 2011
  • "Key Employee Incentive Programs Make 'Cents' for Creditors," American Bankruptcy Institute Journal, November 2012, Vol. XXXI, No. 10, p. 22.
  • “Counseling the Closely Held Business in Financial Trouble – Where Do I Begin?” American Bar Association Business Law Section, September 10, 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
  • American Bankruptcy Institute, Tricks of the Trade, “Third Party Releases in Chapter 11 Plans,” August 6, 2014
  • “Plan's Release of Nondebtors Invalid Under Dow Corning,” American Bankruptcy Institute Journal, September 2014
  • “Unflopping the Debtor: Finding Fairness in Financing,” American Bankruptcy Institute Journal, November 2013
  • “Banking on Liability: Claims Against Ponzi Scheme Professionals,” American Bar Association Commercial & Business Litigation Newsletter, Fall 2013, Vol. 15, No. 1
  • "The Moral of Emoral: Expanding Trustee Standing," American Bankruptcy Institute Journal, February 2015

Office location for Scott A. Wolfson

3150 Livernois
Suite 275
Troy, MI 48083

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