Scott A. Wolfson

Restructuring and bankruptcy strategy

• Chapter 11 case strategy and execution
• Out-of-court workouts and restructurings
• Receiverships, assignments for the benefit of creditors, Uniform Commercial Code/UCC Article 9 sales, and other insolvency processes
• Board of Directors advice where the company is facing insolvency
• Unsecured creditor committee representation
• Creditor and unsecured creditor committee strategy, planning, and negotiation

Bankruptcy and commercial litigation

• Defending lawsuits by bankruptcy trustees, receivers, or other fiduciaries, including preference, fraudulent transfer, and voidable transaction litigation
• Sale disputes, debtor-in-possession financing, and bankruptcy litigation
• Breach of fiduciary duty claims and other claims involving directors and officers
• State and federal commercial litigation tied to distressed situations

Automotive supply chain distress and continuity of supply

• Continuity-of-supply planning, dispute management, and litigation for specific performance of contracts and possession of automotive tooling
• Responding to a request for adequate assurance of future performance of a contract
• Supply chain contract counseling and enforcement strategy
• Risk mitigation when a supplier or customer is distressed, non-performing, or bankrupt
  (Related: Automotive Supply Chain)

Distressed transactions and asset sales

• Distressed acquisitions and asset sales (including bankruptcy sale processes)
• Transaction support for stakeholders involved in insolvency-related sales
• Disputes tied to distressed transactions
  (Related: Mergers & Acquisitions)

ADR / facilitation, mediation, and arbitration

• Mediation of bankruptcy and commercial disputes
• Commercial arbitration matters and hearing management privately and through the AAA/American Arbitration Association
• Facilitation designed to resolve complex disputes
  (Related: ADR / Facilitation)

Common issues clients bring to Scott

• A company needs a plan to address creditor pressure and liquidity constraints and avoid operational disruption
• A customer or supplier is showing signs of distress—or has filed for bankruptcy
• A business receives a preference demand or adversary complaint
• Parties need to pursue (or defend) claims involving transfers, liens, or sales
• A stakeholder is evaluating a distressed acquisition or asset sale
• A dispute would benefit from mediation or arbitration instead of trial