2017

Anthony J. Kochis will be speaking during the 24th Annual Central States Bankruptcy Workshop on Friday, June 9th and Saturday, June 10th at the Grand Traverse Resort and Spa in Traverse City. He will discuss Chapter 7 Issues and Hot Topics, focusing on limited liability issues in consumer bankruptcy cases.

Scott A. Wolfson has been appointed a hearing panelist by the State of Michigan’s Attorney Discipline Board. The Michigan Attorney Discipline Board is the adjudicative arm of the Michigan Supreme Court for discharge of its exclusive constitutional responsibility to supervise and discipline Michigan attorneys.

The annual Wolfson Family Resiliency Scholarship was awarded to Anna M. Messing, who plans to study Elementary Education and Communications at Northern Michigan University.

Scott A. Wolfson established the Wolfson Family Resiliency Scholarship at his alma mater, Westwood High School, in Ishpeming Michigan. In addition to a minimum GPA requirement, the scholarship requires that the recipient held a part-time job during high school and overcame a substantial challenge in his or her life.

Wolfson Bolton PLLC has been retained to represent the Official Committee of Unsecured Creditors in the VPH Pharmacy, Inc. Chapter 11 Bankruptcy Case, currently pending in the United States Bankruptcy Court for the Eastern District of Michigan, Case No. 17-30077-dso. VPH is a closed door pharmacy that provides medications and consulting services to approximately 60 different assisted living centers, foster care facilities, retirement communities, and long term care facilities.

Wolfson Bolton PLLC announced the creation of its Mobility Practice Group. The Group, which is a natural fit for the boutique firm founded in 2009 in Troy, Michigan, will be headed by founding partner Peter Bolton. Bolton said that “the firm and its professionals have been involved in the mobility arena for over 20 years and decided that now is the right time to create a group to emphasize the firm’s experience and to assist its clients in navigating this emerging practice area.” Wolfson Bolton has OEM and tiered automotive clients that are actively involved in developing components and applications for connected and autonomous vehicles, including V2V, V2I, and V2X applications. The firm has been engaged in connection with the Tampa-Hillsborough County Expressway Pilot program in Tampa, Florida.

Anthony J. Kochis' and Thomas J. Kelly's article, "Testing the Waters of the Safe Harbor," appears in the January 2017 issue of the American Bar Association's Business Law Today. The article examines whether the safe harbor provisions of 11 U.S.C. §§ 546(e) and (g) protect from avoidance and recovery transfers made in connection with ordinary supply-of-goods contracts. While Congress likely intended to limit the scope of §§ 546(e) and (g) to forward contracts and swap agreements relating to financial markets, the legal terms contained in both sections are so broadly defined that they arguably encompass transfers made in connection with ordinary supply-of-goods contracts. Click to view article.

Established in 1992, the Business Law Today is a monthly periodical published by the American Bar Association for business professionals.

2016

Anthony J. Kochis was selected to 2016 class of Up & Coming Lawyers by Michigan Lawyers Weekly. The award honors those lawyers that, in their first 10 years of practice, have excelled in their profession and are standouts amount their peers.

Scott A. Wolfson and Adam L. Kochenderfer were named 2017 Top Lawyers by DBusiness Magazine, Detroit’s Premier Business Journal, which honors leading lawyers in the Southeast Michigan region. The peer review survey polled 19,000 attorneys in Wayne, Oakland, Macomb, Washtenaw, and Livingston counties. Both Wolfson and Kochenderfer were named in the field of Bankruptcy & Creditor/Debtor Rights Law.

On November 11, 2016, Scott A. Wolfson moderated a panel at the American Bankruptcy Institute’s Hon. Steven W. Rhodes Consumer Bankruptcy Conference titled, “Depositions in Consumer Bankruptcy Cases.” Wolfson, along with panelists Kelley Callard of the Office of the U.S. Trustee, Hon. Scott W. Dales, Chief Judge of the U.S. Bankruptcy Court for the Western District of Michigan, and Howard Sher of Jacob & Weingarten, discussed all aspects of a deposition, including preparations, conduct during the deposition, objections, and uses of depositions at trial. The panel also used several examples to illustrate commonly encountered issues.

Wolfson Bolton has earned “Metropolitan Tier 1” rankings for the following practice areas in the 2017 U.S. News – Best Lawyers® “Best Law Firms” list:

  • • Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law 
  • • Litigation - Bankruptcy

Firms included in the 2017 “Best Law Firms” list are recognized for professional excellence with consistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. Over 10,000 attorneys provided more than 800,000 law firm assessments, and over 10,000 clients provided more than 90,000 evaluations. An entire list of the rankings can be viewed by visiting bestlawfirms.usnews.com.

Scott A. Wolfson, Vice-Chair of the Rules Subcommittee of the American Bar Association's Business Bankruptcy Committee, is co-hosting, with the Trading Claims Subcommittee, a debate on October 28, 2016, at 7:30 AM on the controversial topic:

RESOLVED: Trading claims in chapter 11 has created a large, unregulated securities market that should be regulated to protect creditors and debtors.

The panel will be at the San Francisco Marriott Marquis as part of the 2016 National Conference of Bankruptcy Judges. Following the debate, a straw poll will be taken to determine which side wins.

The Detroit chapter of the Turnaround Management Association, the leading organization dedicated to turnaround management, corporate restructuring, and distressed investing recently awarded Anthony Kochis the NextGen Top of the Class Award. The award celebrates emerging industry leaders who have reached a significant level of success in the industry before the age of 40.

Wolfson Bolton Attorney Scott A. Wolfson has been recognized by The Best Lawyers in America© as Litigation-Bankruptcy “Lawyer of the Year” in Troy. "Lawyer of the Year" recognitions are awarded to individual attorneys with the highest overall peer-feedback for a specific practice area and geographic location. Only one lawyer is recognized as the "Lawyer of the Year" for each specialty and location. Wolfson was also recognized for the seventh consecutive year for his work in the field of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. For more than three decades, Best Lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere. Best Lawyers lists of outstanding attorneys are compiled by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers.

For the second consecutive year, Wolfson Bolton attorney Peter C. Bolton has been selected by his peers for inclusion in the 23rd Edition of The Best Lawyers in America for his work in the field of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. For more than three decades, Best Lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere. Best Lawyers lists of outstanding attorneys are compiled by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers.

Two subcommittees of the American Bar Association's Business Bankruptcy Committee – Rules and Trading Claims – will host a debate on Friday, October 28, 2016, at the National Conference of Bankruptcy Judges in San Francisco, California. There will be two supporters on each side of the following controversial topic:

RESOLVED: Trading claims in chapter 11 has created a large, unregulated securities market that should be regulated to protect creditors and debtors.

Following the debate, a straw poll will be taken to determine which side wins. Scott A. Wolfson is the Vice Chair of the Rules Subcommittee.

Scott A. Wolfson will speak at the American Bankruptcy Institute’s 23rd Annual Central States Bankruptcy Workshop in Lake Geneva, Wisconsin June 16-19. Wolfson will moderate a panel titled, “The Intersection of Limited Liability Companies and Bankruptcy.” Wolfson Bolton PLLC is also a Platinum Sponsor of the Workshop. For more information, please see: http://www.abi.org/events/23rd-annual-central-states-bankruptcy-workshop.

The American Bankruptcy Institute is the nation’s largest association of bankruptcy professionals, made up of over 12,000 members in multi-disciplinary roles, including attorneys, auctioneers, bankers, judges, lenders, professors, turnaround specialists, accountants and others.

On June 2, 2016, Scott A. Wolfson delivered the commencement address to the graduating class of Westwood High School in Ishpeming, Michigan. Scott graduated from Westwood in 1988.

Scott A. Wolfson has established the Wolfson Family Resiliency Scholarship at his alma mater, Westwood High School, in Ishpeming Michigan. In addition to a minimum GPA requirement, the scholarship requires that the recipient held a part-time job during high school and has overcome a substantial challenge in his or her life.

The first annual award of $1,000 was made to Kathryn A. Etelamaki, who plans to study biology at Ferris State University in the Fall.

Scott A. Wolfson's Litigation Article, "Cheat Sheet for Litigating in Bankruptcy Court," appears in the May 2016 Michigan Bar Journal. The article aims to assist litigators by alerting them to the bankruptcy court's unique procedures so the judge can focus on the litigators' arguments, not their noncompliance.

To read the article, click here.

Wolfson Bolton is proud to again be a sponsor for the Oakland County Bar Foundation’s Annual Signature Event. The Signature Event is the primary source of funding for the Oakland County Bar Foundation's grants awarded to worthy legal aid and law-related programs. Past recipients of OCBF grant funding have included the Family Law Assistance Project, the OCBA's mock trial program for elementary students, legal aid mini clinics, and the Beaumont Hospital's Legal Aid for Children program.

Scott A. Wolfson’s and Anthony J. Kochis’ article, “News at 11: Golden Guernsey - A WARNing to Directors and Officers,” appears in the April 2016 issue of the American Bankruptcy Institute Journal. The article examines a recent decision from the Delaware Bankruptcy Court holding that a bankruptcy trustee had pled viable breach of fiduciary duty claims against directors and officers of the debtor company. Specifically, the trustee had alleged that the directors and officers breached their fiduciary duties to the bankrupt company by exposing it to Worker Adjustment and Retraining Notification Act claims. To read the article, click here.

The ABI Journal is the flagship publication of the American Bankruptcy Institute. Established in 1982, the Journal covers the entire range of insolvency issues, featuring timely articles written by some of the most knowledgeable professionals in the field.

The American Bankruptcy Institute has released a podcast where Scott A. Wolfson previews the panel he will moderate at the 34th Annual Spring Meeting of the American Bankruptcy Institute in Washington, D.C. April 14-17, 2016.

Wolfson will moderate a panel titled, “Understanding D&O Policy Issues in Bankruptcy,” with panelists Robert J. Feinstein, Managing Partner of the New York office of Pachulski Stang Ziehl & Jones, LLP, Jason D. Horwitz of JLT Specialty Insurance Services, Inc. in Chicago, and T. Scott Avila, CEO of Armory Strategic Partners, LLC in Los Angeles.

You may listen to the podcast here and view a short video celebrating the “character” of the panel here.

Scott A. Wolfson was recently quoted in Crain’s Detroit Business in an article titled, “Detroit Shifts to Second Gear in Bankruptcy Settlement Plan.” The article discusses the status of lawsuits filed against over 180 vendors seeking more than $50 million in recoveries.

Wolfson explained the circumstances that often lead to early resolutions of preference actions in large bankruptcy cases. Read article here.

Scott A. Wolfson will speak at the 34th Annual Spring Meeting of the American Bankruptcy Institute in Washington, D.C. April 14-17. The American Bankruptcy Institute is the nation’s largest association of bankruptcy professionals, made up of over 12,000 members in multi-disciplinary roles, including attorneys, auctioneers, bankers, judges, lenders, professors, turnaround specialists, accountants and others.

Wolfson will moderate a panel titled, “Understanding D&O Policy Issues in Bankruptcy,” with panelists Robert J. Feinstein, Managing Partner of the New York office of Pachulski Stang Ziehl & Jones, LLP, Jason D. Horwitz of JLT Specialty Insurance Services, Inc. in Chicago, and T. Scott Avila, Managing Partner of Deloitte Corporate Restructuring Group in Los Angeles.

For more information, please see: http://www.abi.org/events/34th-annual-spring-meeting

2015

Scott A. Wolfson was quoted in Crain’s Detroit Business regarding potential defenses of vendors to the over $50 million of claims brought by the City of Detroit alleging that the vendors received preferential transfers under the Bankruptcy Code.

Wolfson explained the “ordinary course of business” defense to a preference claim, and further noted that each vendor’s defense will likely vary based upon the timing and circumstances under which the vendor received payments in the 90 days preceding the City’s bankruptcy filing. Read article here.

Adam Kochenderfer was appointed to serve on the Oakland County Board of Commissioners. The Board is the governing body for Oakland County and oversees an annual budget of nearly $1 billion. Mr. Kochenderfer was selected for his experience navigating complex transactions and disputes, as well as his deep community involvement. Board Chairman Michael J. Gingell stated, “Councilman Kochenderfer will be an asset to our Board. I look forward to working with him as he begins to serve his district and the collective county.”

Wolfson Bolton PLLC has received Tier 1 Rankings in the U.S. News & World Report and Best Lawyers 2016 "Best Law Firms" rankings. The 2016 rankings are based on the highest number of participating firms and highest number of client ballots on record. To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top 4 percent of practicing attorneys in the US. Over 21,000 attorneys provided almost 700,000 law firm assessments, and over 8,000 clients provided more than 47,000 evaluations.

Wolfson Bolton PLLC received Metropolitan Tier 1 rankings in the practice areas of Litigation – Bankruptcy and Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

Scott A. Wolfson is featured on the cover of Michigan Super Lawyers 2015. Wolfson was named to the Top 50 Business list for the third consecutive year and to the Top 100 for the sixth consecutive year. To read the article, click here.

Super Lawyers recognized four Wolfson Bolton attorneys in their practice areas:


  • Scott A. Wolfson – Bankruptcy: Business: Business Litigation
  • Anthony J. Kochis – Creditor Debtor Rights (Rising Star)
  • Adam L. Kochenderfer – Business Litigation
  • Ryan D. Heilman – Bankruptcy: Business

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLaywers.com.

Peter C. Bolton and Scott A. Wolfson have been recognized in the 2016 edition of The Best Lawyers in America. Both were recognized for their work in the practice area of Bankruptcy and Creditor Debtor Rights/Insolvency Reorganization Law. Wolfson was also honored for his work in the field of Litigation – Bankruptcy.

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. It is based on an exhaustive peer-review survey in which almost 50,000 leading attorneys cast nearly five million votes on the legal abilities of other lawyers in their practice areas. The publication now covers almost 70 countries and 137 practice areas, and Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

Wolfson Bolton recently won a motion for summary judgment holding that a self-settled spendthrift trust was property of a debtor’s bankruptcy estate. Wolfson Bolton represented the chapter 7 trustee of a debtor who sought to exclude his beneficial interest in a trust from estate property. Under 11 U.S.C. § 541(c)(2), property of the estate does not include a beneficial interest in a trust if there is a restriction on the transfer of that interest that is enforceable under applicable nonbankruptcy law. The debtor had transferred his assets into a trust of which he and his wife were beneficiaries and trustees. The trust contained a spendthrift provision that allegedly restricted the voluntary or involuntary transfer of the debtor’s beneficial interest. The issue before the Court was whether the spendthrift provision was enforceable under applicable nonbankruptcy law. If unenforceable, the trust would be estate property.

The Court held that the spendthrift provision was unenforceable under Michigan law because the trust was "self-settled." Michigan law has long held that self-settled spendthrift trusts, or trusts in which a person places his/her own assets, names himself/herself a beneficiary, and restricts the transfer of his/her beneficial interest with a spendthrift provision, are void as against public policy. Indeed, the reason behind the public policy is reinforced by the Court’s opinion, as the Court extensively reviewed the debtor’s uncontested testimony demonstrating that the debtor regularly disregarded the formalities of the trust by treating the trust’s assets "as his own, to do with as he wishes, whenever he wishes." Accordingly, the Court held that the trust was property of the estate.

The case is Kohut v. Lois and Richard Lewiston Living Trust, dated September 10, 1986, et al. Read a copy of the opinion here.

Scott A. Wolfson recently moderated an American Bankruptcy Institute panel titled, "Hot Bankruptcy Topics Involving D&O and E&O Policies." The presentation included a discussion of insurance coverage of directors and officers, the need for coverage, and covered and non-covered conduct. The panel provided insight into both common and esoteric issues in bankruptcy cases involving D&O and E&O policies, and trends that arise during a claim for D&O and E&O liability insurance coverage.
Wolfson Bolton PLLC has been retained to represent the Official Committee of Unsecured Creditors in the Lee Steel Corporation, et al. Chapter 11 Bankruptcy Case pending in the United States Bankruptcy Court for the Eastern District of Michigan. The lead case number is 15-45784-mbm. Lee Steel produces a range of flat rolled steel products and operates from facilities located in Romulus and Wyoming, Michigan. Lee Steel’s bankruptcy papers indicate that the companies have approximately $81 million in assets and $163 million in liabilities.

Scott A. Wolfson’s and Thomas J. Kelly’s article, "MF Global Court Declines D&O Insurance Nanny Role," was featured on the cover of the May 2015 issue of the American Bankruptcy Institute Journal. The article examines a recent decision by the United States Bankruptcy Court for the Southern District of New York in which the court held that proceeds from certain D&O insurance policies were not property of a corporate debtor’s estate. The court’s analysis focused on the terms of the D&O policies themselves, in light of the general principle that a debtor does not have greater rights in property because it filed for bankruptcy. The court further declined to exercise its general equitable powers to oversee the D&O’s use of the funds by refusing to "police litigation in other courts that [do] not directly affect the property of the estates."

The ABI Journal is the flagship publication of the American Bankruptcy Institute. The periodical is published 11 times a year, with a combined issue for December/January. Established in 1982, the Journal covers the entire range of insolvency issues, featuring timely articles written by some of the most knowledgeable professionals in the field.

Thomas J. Kelly’s article, "A Method of Protecting Pensions in Chapter 9: Defining the Interest as a Property Right," was recently published in the American Bankruptcy Law Journal. The article discusses the treatment of public pensions in a chapter 9 municipal bankruptcy and concludes that an interest in a public pension, as a contractual right, is modifiable by a bankruptcy court. To avoid this result, the article explores Judge Rhodes’s suggestion that pensioners "somehow create a property interest that bankruptcy would be required to respect under Butner v. United States." The article suggests that pensioners pass a state constitutional amendment defining public pension interests as unmodifiable property rights. These rights would likely be unalterable by a bankruptcy court. While theoretically possible, the article cautions pensioners against seeking full payment of their benefits, for doing so would likely result in plan confirmation issues, increased borrowing costs post-bankruptcy, and decreased revenue for the municipality.

The American Bankruptcy Law Journal is a peer reviewed journal that publishes learned articles focusing on bankruptcy and related subjects. In contrast to the majority of law reviews, manuscripts are only accepted for publication after a double-blind peer review by one of a group of leading bankruptcy scholars. Chief Judge Jeffery A. Deller of the United States Bankruptcy Court for the Western District of Pennsylvania acts as the journal’s Editor in Chief. Mr. Kelly wrote the article during his last semester of law school as part of the King Scholar program. Professor Anne Lawton, a professor of law at Michigan State University College of Law and the current Robert M. Zinman ABI Resident Scholar, was Mr. Kelly’s expert reader. To read the article click here.

Scott A. Wolfson was recently interviewed by Michigan Lawyers Weekly about a case pending before the United States Supreme Court that will decide whether lawyers for companies in bankruptcy proceedings are entitled to compensation for defending the fees they request or have already been awarded. The case, Baker Botts LLP v. ASARCO LLC, No. 14-103, is expected to be decided by the end of June. To read the article  click here.

Scott A. Wolfson’s and Thomas J. Kelly’s Article, "The Moral of Emoral: Expanding Trustee Standing," was featured in the February 2015 Issue of the American Bankruptcy Institute Journal. The article examines a recent decision by the Third Circuit Court of Appeals, In re Emoral, 740 F.3d 875 (3d Cir. 2014), holding that a creditor’s successor liability claim against a nondebtor/third party constituted property of the bankruptcy estate, even though the claim arose from personal injuries allegedly committed by the debtor. The article analyzes the court’s expansion of trustee standing where the debtor is uninjured.

The ABI Journal is the flagship publication of the American Bankruptcy Institute. The periodical is published 11 times a year, with a combined issue for December/January. Established in 1982, the Journal covers the entire range of insolvency issues, featuring timely articles written by some of the most knowledgeable professionals in the field.

2014

Wolfson Bolton PLLC has received a Tier 1 Ranking in the U.S. News & World Report and Best Lawyers 2015 "Best Law Firms" rankings. The 2015 rankings are based on the highest number of participating firms and highest number of client ballots on record. To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America, which recognizes the top 4 percent of practicing attorneys in the US. Over 17,000 attorneys provided almost 600,000 law firm assessments, and almost 7,500 clients provided more than 40,000 evaluations.

Wolfson Bolton PLLC received a Metropolitan Tier 1 ranking in the practice area of Litigation – Bankruptcy. The firm also was recognized with a Metropolitan Tier 2 ranking for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

Scott A. Wolfson has been named Vice Chair of the Rules Subcommittee of the American Bar Association’s Business Bankruptcy Committee. The Business Bankruptcy Committee is the world's largest organization of bankruptcy restructuring lawyers made up exclusively of bankruptcy attorneys, law professors, and judges. The Committee offers cutting edge educational programs on business bankruptcy for the most sophisticated practitioner to the new lawyer.
Thomas J. Kelly has joined Wolfson Bolton PLLC as an associate. Kelly worked for the firm as a summer associate in 2013. He is a 2014 Magna Cum Laude graduate of Michigan State University College of Law, where he was a Dean Charles H. King Scholar and a Law Review Managing Editor. He obtained his B.A. in Political Science from Michigan State University with High Honor in 2011.

For the fifth consecutive year, Scott A. Wolfson was named one of the Top 100 lawyers in Michigan in the Super Lawyers survey. The 2014 survey also named Wolfson Bolton Attorneys Adam L. Kochenderfer and Ryan D. Heilman Super Lawyers and Anthony J. Kochis a Rising Star. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit  SuperLaywers.com.

Scott A. Wolfson's article, "Plan’s Release of Nondebtors Invalid under Dow Corning," appears in the September 2014 issue of the American Bankruptcy Institute Journal. The article examines a recent decision by the Fourth Circuit Court of Appeals, National Heritage Foundation Inc. v. Highbourne Foundation (4th Cir. June 27, 2014) holding a chapter 11 plan’s nonconsensual, third-party release of non-debtors invalid because the release lacked adequate factual support. The article also provides practical suggestions for objecting to third-party releases in plans.

The ABI Journal is the flagship publication of the American Bankruptcy Institute. This periodical is published 11 times a year, with a combined issue for December/January. Established in 1982, the Journal covers the entire range of insolvency issues, featuring timely articles written by some of the most knowledgeable professionals in the field.

Peter C. Bolton and Scott A. Wolfson have been selected by their peers to be included in the 2015 Edition of The Best Lawyers in America. Both were selected in the practice area of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Scott Wolfson was also selected in the practice area of Litigation – Bankruptcy.

Inclusion in Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising more than 5.5 million confidential evaluations by top attorneys.

Adam Kochenderfer was recently selected to serve as one of the inaugural members of the Debtor/Creditor Committee of the Oakland County Bar Association. The OCBA Board of Directors unanimously approved the committee’s creation to educate members of the bench and bar regarding debtors’ and creditors’ rights. Among other items, Mr. Kochenderfer will help develop best practice approaches for the District Court Judges Association.

On August 6, 2014, Scott A. Wolfson will lead the American Bankruptcy Institute’s Unsecured Trade Creditors’ Committee conference call on Third Party Releases in Chapter 11. The call will focus on the Fourth Circuit’s recent opinion in National Heritage Foundation v. Highbourne Foundation (2014 U.S. App. LEXIS 12144 (4th Cir. June 27, 2014). For more information click here.

Scott A. Wolfson will speak at the Annual Meeting of the American Bar Association’s Business Law Section on September 11, 2014 in Chicago, IL. His panel’s presentation is titled, "Counseling the Closely Held Business in Financial Trouble – Where Do I Begin?" For more information and to register, please visit http://www.americanbar.org/groups/business_law.html.

Scott A. Wolfson will speak at the Michigan Association of Certified Public Accountants’ May 21, 2014 Anti-Fraud Issues and Litigation & Business Valuation Conference. The conference will be held at Laurel Manor in Livonia, Michigan. Mr. Wolfson will speak on the forensic accountant’s role in unraveling bankruptcy and pre-bankruptcy fraud and misconduct.

Scott A. Wolfson has been named to the Board of Directors of the Detroit Chapter of Entrepreneurs' Organization, where he will serve as the Strategic Alliances Chair. EO Detroit has 129 members whose combined sales exceed $5.1 billion.

Adam Kochenderfer was recently selected as one of L. Brooks Patterson’s "Elite 40 Under 40" for the class of 2014. Each year, the Oakland County Executive "spotlights the top business and community leaders under the age of 40 who excel in their industry and show dynamic leadership." Mr. Kochenderfer’s nomination referred to his deep background in complex commercial litigation across Michigan.

A further description of Mr. Kochenderfer’s nomination can be found here: http://www.advantageoakland.com/Expand/Elite40/Pages/akochenderfer.aspx.

Scott A. Wolfson was quoted in the February 17, 2014 edition of Michigan Lawyers Weekly in an article titled, "Law Firms in Bankruptcy." The article discussed a Detroit-area bankruptcy law firm’s Chapter 11 filing and the reasons why law firm bankruptcy filings are rare. Read more.

2013

Scott A. Wolfson's and Adam L. Kochenderfer’s Article, "Banking on Liability: Claims Against Ponzi Scheme Professionals," appears in the American Bar Associations Commercial & Business Litigation Section’s Fall 2013 Newsletter. The article, co-written with Chapter 7 Bankruptcy Trustee Gene R. Kohut of Kohut Law Group, PLLC, addresses bankruptcy trustees’ efforts across the country to bring claims against professionals who provided services to Ponzi scheme operators. These efforts have met mixed results. The article explains that the case law does not create a singular, national set of rules, but instead relies on specific state law unique to each jurisdiction. The authors urge a nuanced view that takes variances in state law into account, as well as novel approaches such as assigning victims’ claims to the trustee. Wolfson Bolton has successfully used some of these methods in its own practice representing bankruptcy trustees.

Founded in 1878, the American Bar Association is one of the world’s largest voluntary professional organizations, with nearly 400,000 members and more than 3,500 entities. It is committed to supporting the legal profession with practical resources for legal professionals while improving the administration of justice, accrediting law schools, establishing model ethical codes, and advancing the rule of law throughout the United States and around the world.

Scott A. Wolfson's and Anthony J. Kochis’s article, "Unflopping the Debtor: Finding Fairness in Financing," appears in the November 2013 issue of the American Bankruptcy Institute Journal. The article examines financing orders and their impact on unsecured creditors. Noting that the era of reasonableness in financing orders, if it ever existed, appears to have ended, the article provides tips to unsecured creditors and unsecured creditors’ committee counsel on exploiting case law protecting unsecured creditor interests.

The ABI Journal is the flagship publication of the American Bankruptcy Institute. This periodical is published 11 times a year, with a combined issue for December/January. Established in 1982, the Journal covers the entire range of insolvency issues, featuring timely articles written by some of the most knowledgeable professionals in the field.

Recognized as a leading Detroit lawyer for the fifth consecutive year, Scott A. Wolfson has been named to DBusiness Magazine’s "2014 Top Lawyers List" in the field of Bankruptcy and Creditor/Debtor Rights Law.

According to DBusiness magazine, the "2014 Top Lawyers" listing is based on more than 18,000 surveys from attorneys in Oakland, Wayne, Macomb, Washtenaw and Livingston counties. The respondents were asked to rate the top lawyers within 47 legal specialized practice areas.

For the fourth consecutive year, Scott A. Wolfson was named one of the Top 100 lawyers in Michigan in the Super Lawyers survey. He was also named one of the Top 50 Business Lawyers in Michigan in the inaugural list.

The 2013 survey also named Wolfson Bolton Attorneys Adam L. Kochenderfer and Ryan D. Heilman Super Lawyers and Anthony J. Kochis a Rising Star. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, visit SuperLawyers.com.

On August 29, 2013, the United States Bankruptcy Court for the Eastern District of Michigan entered an order confirming the Chapter 12 plan of reorganization filed by Wolfson Bolton PLLC on behalf of its client, Miller’s Big, Inc. Before its Chapter 12 bankruptcy filing, Miller’s Big Red, the owner of Miller’s Big Red Apple Orchard and Cider Mill, faced foreclosure by its lender and collection efforts from a number of creditors. Wolfson Bolton represented Miller’s Big Red throughout its Chapter 12 bankruptcy case, filing the bankruptcy petition, obtaining court authorization for post-petition financing, and negotiating with all interested parties to obtain confirmation of the plan of reorganization. As a result of plan confirmation, Miller’s Big Red has avoided foreclosure, restructured its debts, and successfully emerged from its Chapter 12 bankruptcy case with a sustainable business plan to continue operations and improve business at the apple orchard and cider mill.

Scott A. Wolfson was recently selected by his peers for inclusion in The Best Lawyers in America© 2014 in the fields of Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy. (Copyright 2013 by Woodward/White, Inc., of Aiken, SC).

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which almost 50,000 leading attorneys cast nearly five million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."

Scott A. Wolfson has been interviewed by several media outlets as an expert in bankruptcy issues in connection with Detroit’s Chapter 9 bankruptcy filing, including Michigan Lawyers Weekly and ABC’s Detroit affiliate WXYZ 7 Action News.

To watch one of his interviews with WXYZ, please use the following link: http://www.wxyz.com/dpp/news/bankruptcy-attorney-discusses-detroit-chapter-9-filing

The Michigan Supreme Court has upheld a recent Wolfson Bolton appellate victory in which the Michigan Court of Appeals reversed a lower court’s refusal to enforce an Illinois choice-of-law provision in a secured loan transaction. The Court of Appeals held that Illinois law should apply because Illinois had a substantial relationship to the parties and the transaction, the parties had a reasonable basis for adopting Illinois law in light of that state’s exemption of LLCs from usury restrictions, and Michigan does not have a materially greater interest than Illinois in seeing its own laws enforced.

The Lapeer County Circuit Court had refused to honor the parties’ choice of Illinois law and voided the loan as usurious under Michigan law. The Court of Appeals’ opinion and the Supreme Court’s denial of the application for leave to appeal restore certainty to interstate commercial loan transactions.

The case is Midwest Business Credit, L.C.C. v. TTOD Liquidation, Inc. and Lapeer Plating & Plastics, Inc. Read a Copy of the Court of Appeals Opinion Here

Wolfson Bolton PLLC recently joined the Original Equipment Suppliers Association (OESA). OESA is the one of the world's most prominent organizations for the automotive supplier industry. It includes a network of over 400 member companies that generate a combined $300 billion in annual global revenue. Like Wolfson Bolton, OESA has represented nearly every tier in the supply chain, including companies of every size, both public and private.

The Lapeer County Circuit Court had refused to honor the parties’ choice of Illinois law and voided the loan as usurious under Michigan law. The Court of Appeals’ opinion and the Supreme Court’s denial of the application for leave to appeal restore certainty to interstate commercial loan transactions.

Wolfson Bolton's attorneys have significant experience representing both suppliers and original equipment manufacturers in the automotive industry. Our practice ranges from contract negotiations to addressing supply chain disruptions and pricing disputes both in and out of court. Wolfson Bolton looks forward to contributing its resources to OESA's mission of strengthening the automotive sector.

Wolfson Bolton PLLC is a Platinum Sponsor of the American Bankruptcy Institute's Central States Bankruptcy Workshop for the fourth consecutive year. The 2013 workshop, to be held in Traverse City, Michigan June 13th through 16th, will bring together an outstanding faculty featuring academics, leading practitioners from the top national insolvency firms, and more than 15 judges.

Ryan D. Heilman led a roundtable discussion at the State Bar of Michigan’s roundtable program held at the Detroit Athletic Club on April 18, 2013. The program, "Dealing with Distressed Properties, Part III – The Lawyer’s Guide to Negotiating/Renegotiating Commercial Leases," is part of the Real Property Law Section’s "Groundbreakers" Breakfast Roundtable Series. The program included roundtable discussions on various topics concerning distressed real estate and commercial leasing. Mr. Heilman led the discussion on Structuring/Financing Tenant Improvements. Presentation materials will be posted on the State Bar of Michigan’s website.