About

  • Diverse national practice focusing on bankruptcy and insolvency law, debtors' and creditors' rights, commercial litigation, and workouts.

  • Clients include original equipment manufacturers, tier one and sub-tier suppliers, trade creditors, distressed companies, debtors, trustees, receivers, lenders and other secured creditors, landlords, tenants, asset purchasers, lessors, preference and fraudulent transfer defendants, and unsecured creditors' committees.

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

  • Advises secured creditors in all aspects of loan workouts and restructurings, including creditors' rights representation.

  • Restructures financially distressed companies in and out of court.

  • Represents purchasers of assets in bankruptcy and similar state court proceedings, including litigation of sale procedures and disputes.

  • Certified mediator with extensive experience mediating preference, fraudulent conveyance, and commercial disputes.

  • Experience representing 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 former prosecutor for the Keweenaw Bay Indian Community.

Contact Information

Scott A. Wolfson
Main: (248) 247-7103
Cell: (248) 703-1281
Email: swolfson@wolfsonbolton.com

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 Illnois; Trial Bar


More About Scott

  • VPH Pharmacy, Inc. – Lead Counsel in bankruptcy of 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.

  • 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.
  • 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)

  • The Best Lawyers in America (2010 - 2018); Litigation-Bankruptcy "Lawyer of the Year" in Troy (2017)

  • 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
  • "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)
  • “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.
  • 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)
  • 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.
  • Honigman Miller Schwartz and Cohn LLP, Associate (1997-2001), Partner (2001-2008)