# Wolfson Bolton Kochis PLLC

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Michigan's Premier Boutique Business Law Firm

## Posts

### [3 Things to Do After Bankruptcy](https://wolfsonbolton.com/news-updates/2021/september/3-things-to-do-after-bankruptcy/)

**Published:** September 13, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

The end of your bankruptcy case is the beginning of a clean financial slate. Here are three important things to do after bankruptcy to help you avoid future debt problems:

**Create a budget and control your spending**

One of the most important things to do after bankruptcy is to re-examine your financial management skills and develop a plan to form better habits. Create a realistic budget to understand your expenses and ensure you won’t get into a financial hole again.

**Check your credit reports regularly**

Check your credit reports to make sure that the debt included in your bankruptcy has been removed.

**Start an emergency fund**

Putting your money into an emergency fund for future needs will help you avoid the circumstances that may have contributed to your financial troubles. Having the funds to cover an emergency or unexpected bill will give you peace of mind.

Is it time for a fresh start? [Contact us](/contact/) today for a safe and seamless road to financial recovery. Wolfson Bolton is proud to offer no-contact, full-service bankruptcy representation to ensure our clients’ health remains a priority.

**Categories:** Practice Updates, WBK Bankruptcy

**Tags:** Education

---

### [Importers May Still Be Able to File Claims for Refunds of Section 301 China Tariffs](https://wolfsonbolton.com/news-updates/2021/april/importers-may-still-be-able-to-file-claims-for-refunds-of-section-301-china-tariffs/)

**Published:** April 2, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

U.S. companies that have imported goods manufactured in China and subject to List 3 or List 4a Section 301 tariffs may still be able to preserve their rights to seek refunds of those tariffs by joining litigation currently pending in the Court of International Trade challenging the legitimacy of List 3 and 4a tariffs.

On September 10, 2020, HMTX Industries filed the first lawsuit challenging the List 3 tariffs on substantive grounds (that the U.S. Trade Representative did not have the authority to assess Section 301 duties) and on procedural grounds (that the tariffs were imposed in violation of the requirements of the Administrative Procedures Act). Over 3,700 plaintiffs have since filed lawsuits alleging similar claims.

On February 10, 2021, the Court of International Trade issued a procedural order that consolidated the over 3,700 complaints into a master case, *In Re Section 301 Cases*. If the case is successful, refunds of any Section 301 List 3 or 4a duties will only be available to those importers who filed a complaint. New plaintiffs can still be added to this litigation. After companies file an initial complaint, the case will be prosecuted by the lead plaintiff, which should minimize the litigation costs for any additional plaintiffs.

There are conflicting theories as to when the statute of limitations runs for asserting these claims. A two-year statute of limitations applies to filing claims with the Court of International Trade. The most conservative theory is that a statute of limitations runs on the procedural challenge to the Section 301 tariffs two years from the date the Section 301 list was published in the Federal Register. Alternatively, under the Continuing Claim Theory, a cause of action for a substantive challenge (as opposed to a procedural challenge) accrues each time Section 301 duties are imposed on an affected importer. Under either theory, claims relating to List 4a tariffs could not expire until at least August 20, 2021, two years from the publication of List 4. Under the Continuing Claim Theory, importers can still file a claim for any List 3 or 4a duties paid within two years of filing a complaint. In addition, duties paid on products that were subject to exclusions that have subsequently expired could also be included in a claim.

**Categories:** Practice Updates

---

### [Three Wolfson Bolton Attorneys Selected by Best Lawyers 2022](https://wolfsonbolton.com/news-updates/2021/august/three-wolfson-bolton-attorneys-selected-by-best-lawyers-2022/)

**Published:** August 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton is proud to announce that Best Lawyers has recognized three if its attorneys in the 28th Edition of The Best Lawyers in America©. The attorneys that have been honored are:

[**Scott A. Wolfson**](/who-we-are/scott-a-wolfson/) – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy (Lawyer of the Year)

[**Peter C. Bolton**](/who-we-are/peter-c-bolton/) – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

**Lara F. Phillip** – Litigation – Trusts and Estates

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.

**Categories:** Firm News

**Tags:** Honors

---

### [Wolfson Bolton Attorneys Selected by Best Lawyers 2023](https://wolfsonbolton.com/news-updates/2022/august/wolfson-bolton-attorneys-selected-by-best-lawyers-2023/)

**Published:** August 23, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

![Best Lawyers 2023](https://wolfsonbolton.com/wp-content/uploads/2023/12/Best-Lawyers.2.2208230747550.png)Wolfson Bolton is proud to announce that Best Lawyers has recognized five of its attorneys in the 29th Edition of The Best Lawyers in America©. The attorneys that have been honored are:

[**Scott A. Wolfson**](/who-we-are/scott-a-wolfson/) – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation, and Bankruptcy Litigation

[**Peter C. Bolton**](/who-we-are/peter-c-bolton/) – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

[**Michelle H. Bass**](/who-we-are/michelle-h-bass/) – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

**Lara F. Phillip** – Litigation – Trusts and Estates

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 more information about Best Lawyers, visit [BestLawyers.com](https://www.bestlawyers.com/)

**Categories:** 2023, Firm News

**Tags:** Honors

---

### [Wolfson Bolton Kochis Secures Dismissal for Client in Complex Cross-Border Commercial Dispute](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-secures-dismissal-for-client-in-complex-cross-border-commercial-dispute/)

**Published:** July 30, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC successfully obtained dismissal of a complex commercial case filed in the U.S. District Court for the Northern District of Alabama against its client from the United Kingdom. The litigation involved allegations of fraud, breach of fiduciary duty, and other tort claims alleged to arise from international contracts in the automotive manufacturing sector.

The court enforced mandatory forum-selection clauses and ruled that the case must proceed in Nuremberg, Germany under the doctrine of forum non conveniens. The decision affirms the enforceability of cross-border contractual provisions and underscores the strength of jurisdictional defenses even in multi-party, multi-jurisdiction disputes.

Another strong result for our litigation team in a matter with significant commercial and procedural complexity. **[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson"), Lara F. Phillip, and [Logan T. Grizzell](https://wolfsonbolton.com/who-we-are/logan-t-grizzell/ "Logan T. Grizzell")** led the firm’s efforts.

**Categories:** Firm News

**Tags:** Automotive, Contracts, Corporate, Lara, News

---

### [Lara Fetsco Phillip Joins Wolfson Bolton PLLC](https://wolfsonbolton.com/news-updates/2020/january/lara-fetsco-phillip-joins-wolfson-bolton-pllc/)

**Published:** January 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Lara Fetsco Phillip Joins Wolfson Bolton PLLC](https://wolfsonbolton.com/wp-content/uploads/2023/12/LFP-Headshot.2110050458550.jpg)Wolfson Bolton PLLC is pleased to announce that Lara Phillip has joined the law firm as Of Counsel. Her practice focuses on complex litigation and regulatory compliance in the areas of international trade, white collar criminal defense, antitrust, and commercial litigation in federal and state courts and before regulatory agencies.

“We are pleased to welcome Lara. She is an outstanding lawyer with a highly sophisticated practice,” said Scott A. Wolfson. “We look forward to expanding our suite of services for our clients.”

Lara is a graduate of the University of Michigan Law School, where she graduated *cum laude* and served as the associate editor for the Michigan Journal of International Law. She earned her Bachelor of Arts from Dartmouth College. Prior to joining Wolfson Bolton, Lara was a partner in the Litigation Department at Honigman.

Lara is very involved in the community. She recently served as the Chair of the International Law Section for the State Bar of Michigan. Lara has also served on the Crittenton Hospital Cornerstone Campaign Committee and on the Board of Directors for HAVEN, a non-profit organization whose mission is to eliminate domestic violence and sexual assault across Oakland County and the surrounding communities through treatment and prevention services.

**Categories:** Firm News

**Tags:** Staff

---

### [Lara Phillip Selected to The Best Lawyers in America 2021](https://wolfsonbolton.com/news-updates/2020/august/lara-phillip-selected-to-the-best-lawyers-in-america-2021/)

**Published:** August 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Lara Phillip Selected to The Best Lawyers in America 2021](https://wolfsonbolton.com/wp-content/uploads/2023/12/LFP-Headshot.2110050458550.jpg)Lara Phillip has been selected for inclusion in The Best Lawyers in America 2021. She was recognized for her work in the practice area of Litigation – Trusts and Estates.

Published since 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Compiled based on an exhaustive peer-review evaluation, Best Lawyers lists have earned the respect of the profession, the media and the public as the most reliable, unbiased source of legal referrals.

**Categories:** Firm News

**Tags:** Honors

---

### [Wolfson Bolton Kochis Attorneys Recognized in 2025 Super Lawyers and Rising Stars Lists; Scott A. Wolfson named to Top 100](https://wolfsonbolton.com/news-updates/2025/august/wolfson-bolton-kochis-attorneys-recognized-in-2025-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/)

**Published:** August 19, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is proud to announce that seven of our attorneys have earned recognition in the 2025 Michigan Super Lawyers and Rising Stars lists, led by founding member [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")’s selection to the Top 100 Michigan Super Lawyers list. These prestigious distinctions acknowledge outstanding legal professionals based on peer recognition, professional achievement, and independent research.

**Top 100: 2025 Michigan Super Lawyers Honorees**

![Wolfson Bolton Kochis attorneys named to the 2025 Michigan Super Lawyers & Rising Stars lists.](https://wolfsonbolton.com/wp-content/uploads/2025/08/super-lawyers-2025.png "super-lawyers-2025")    From Left to Right: Scott A Wolfson, Peter C. Bolton, Anthony J. Kochis, Michelle H. Bass, Thomas (Jake) Howett, Lara F. Phillip, Amy H. Smith. (Click to Enlarge)- [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson") – *Top 100 Michigan Super Lawyers*

**2025 Super Lawyers Honorees**

- [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/ "Peter C. Bolton") – *Bankruptcy: Business*
- [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/ "Anthony J. Kochis") – *Creditor Debtor Rights: Business*
- [Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass/ "Michelle H. Bass") – *Bankruptcy: Consumer*
- [Thomas (Jake) Howlett ](https://wolfsonbolton.com/who-we-are/thomas-j-howlett/ "Thomas J. Howlett")– *Real Estate: Business*
- Lara F. Phillip – *Litigation: Business*

**2025 Super Lawyers Rising Stars Honoree**

- [Amy H. Smith](https://wolfsonbolton.com/who-we-are/amy-h-smith/ "Amy H. Smith") – *Mergers & Acquisitions: Business*

**The Super Lawyers Distinction**

Selection for Super Lawyers is highly competitive. Each year, a rigorous process evaluates attorneys across 70+ practice areas through:

1. Peer Nominations – Colleagues nominate outstanding attorneys.
2. Independent Research – Candidate qualifications and professional activity are reviewed in depth.
3. Peer Reviews – Attorneys evaluate their peers within specific practice areas.

Only 5% of lawyers in Michigan are named to Super Lawyers annually, and no more than 2.5% are selected to Rising Stars, making this a significant honor for our team.

Wolfson Bolton Kochis is committed to providing exceptional legal services. Our recognition in the *2025 Michigan Super Lawyers* and *Rising Stars* lists reflects our ongoing dedication to excellence and client success. For more information about Super Lawyers, visit [SuperLawyers.com](https://urldefense.proofpoint.com/v2/url?u=https-3A__www.superlawyers.com&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=Zi2l6Qp-TnkL6dNTeW1pZSMGaurgmvO_-dIBmJ7NTCc&m=AClbtbNkTm_P7Cl_QOEbnjEg76BsDe5XNo8Z6vHjoJC25KXTKzJJnofiMDvLaFoX&s=AfUR1G72M1U7JzMtKlfdiqTCWPjeVh5TxUkDPX6VvRc&e=).

**Categories:** Firm News, People

**Tags:** Anthony, Honors, Jake, Lara, Leadership, Logan, Michelle, News, Peter, Scott, Staff

---

### [Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/)

**Published:** August 26, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is proud to announce that eight of our attorneys have earned recognition in the **2026 Michigan Super Lawyers** and **Rising Stars** lists, led by founding member [Scott A. Wolfson’s](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson") selection to the **Top 100 Michigan Super Lawyers** list. These prestigious distinctions recognize outstanding attorneys based on peer recognition, professional achievement, and independent research.

**Top 100: 2026 Michigan Super Lawyers Honoree**

- [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson") – Top 100 Michigan Super Lawyers; Bankruptcy, Business Litigation, Alternative Dispute Resolution

**2026 Super Lawyers Honorees**

- [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/ "Peter C. Bolton") – Bankruptcy: Business, Banking
- [Anthony J. Kochis ](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/ "Anthony J. Kochis")– Creditor Debtor Rights, Business Litigation, Business/Corporate
- [Michelle H. Bass ](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/ "Michelle H. Bass")– Bankruptcy, Appellate, Creditor Debtor Rights
- [Thomas (Jake) Howlett](https://wolfsonbolton.com/who-we-are/thomas-j-howlett-real-estate-attorney/ "Thomas J. Howlett") – Real Estate: Business, Business Litigation
- Lara F. Phillip – Business Litigation, International

**2026 Super Lawyers Rising Stars Honorees**

- [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/ "Amy Huang Smith") – Mergers & Acquisitions, Business/Corporate
- [Logan T. Grizzell](https://wolfsonbolton.com/who-we-are/logan-t-grizzell/ "Logan T. Grizzell") – General Litigation

**The Super Lawyers Distinction**

Selection to Super Lawyers is highly competitive. Each year, attorneys across more than 70 practice areas are evaluated through a multi-phase selection process that includes:

- **Peer Nominations** – Attorneys nominate outstanding lawyers they have personally observed in action.
- **Independent Research** – Candidates are evaluated based on professional achievement and peer recognition.
- **Peer Evaluation** – Highly rated attorneys evaluate other candidates within their respective practice areas.

No more than 5% of attorneys in each state are selected to the Super Lawyers list, while no more than 2.5% are selected to the Rising Stars list.

[Wolfson Bolton Kochis](/) is committed to providing exceptional legal services to businesses, lenders, fiduciaries, and individuals throughout Michigan and beyond. The recognition of eight of our attorneys in the **2026 Michigan Super Lawyers** and **Rising Stars** lists reflects the depth of experience across the firm and our continued commitment to excellence and client service.

For more information about **Super Lawyers**, visit [SuperLawyers.com](https://www.superlawyers.com "SuperLawyers.com").

**Categories:** Firm News

**Tags:** Amy, Anthony, Honors, Jake, Lara, Leadership, Logan, Michelle, News, Peter, Scott, Staff

---

### [Michelle Bass Featured in Bloomberg Law on Higher Bankruptcy Debt Limits](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/)

**Published:** October 1, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

Federal legislation that would permanently increase debt limits for Subchapter V and Chapter 13 bankruptcy could significantly expand access to reorganization options for small businesses and individuals.

The legislation, which has passed both the U.S. House and Senate, would increase the Subchapter V debt limit from $3.4 million to $7.5 million. It would also replace Chapter 13’s separate secured and unsecured debt limits with a single $2.75 million ceiling.

In Bloomberg Law’s coverage of the legislation, Wolfson Bolton Kochis bankruptcy attorney **[Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/)** discussed how the changes could affect individuals and small-business owners considering bankruptcy.

Michelle noted that for some debtors, the timing of a bankruptcy filing could substantially affect the relief available to them. She explained that the expanded Chapter 13 limit would particularly benefit individuals and couples whose personal finances are closely connected to their businesses, including franchisees, contractors, and other small-business owners with significant personal debt or personally guaranteed business obligations.

“The increased and combined nature of the new debt limit cap for Chapter 13 filers under this bill is far overdue,” Michelle told Bloomberg Law.

The higher limits could allow more individuals and businesses to pursue reorganization under Chapter 13 or Subchapter V rather than facing the added expense and complexity of a traditional Chapter 11 proceeding.

Read the entire Bloomberg Law article: **[Higher Debt Caps to Boost Small Business, Personal Bankruptcies](https://news.bloomberglaw.com/bankruptcy-law/higher-debt-caps-to-boost-small-business-personal-bankruptcies)**

*Source: Bloomberg Law, “Higher Debt Caps to Boost Small Business, Personal Bankruptcies,” Sept. 30, 2026.*

**Categories:** Firm News, People

**Tags:** Chapter 13, Consumer Bankruptcy, Michelle, News, Staff

---

### [Presidential Pardon Does Not Prevent Subordination of Claim By Bankruptcy Court](https://wolfsonbolton.com/news-updates/2026/september/presidential-pardon-does-not-prevent-subordination-of-claim-by-bankruptcy-court/)

**Published:** September 17, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

The United States District Court for the District of Delaware recently affirmed the Bankruptcy Court’s subordination of a $69.758 million general unsecured claim for inequitable conduct under 11 U.S.C. § 510(c) despite the claim holder’s “full and unconditional” pardon by the President. The case is *Milton v. Pitta (In re Nikola Corp.)*, No. 25-1194-GBW, 2026 U.S. Dist. LEXIS 205471 (D. Del. Sep. 10, 2026). Trevor Milton, Nikola’s former CEO, appealed the order confirming Nikola’s Chapter 11 Plan of Liquidation. At issue was the subordination of Milton’s $69.758 million general unsecured claim for fees he asserted were owed to him from Nikola on account of separation and indemnification agreements. A prior arbitration award found that Milton had breached his fiduciary duties of good faith and loyalty to Nikola on account of false and misleading public statements.

While Milton’s appeal of his criminal matter was pending, the President granted to him a “full and unconditional” pardon for his criminal offenses. Milton argued that the pardon erased his misconduct based on the President’s “unreviewable determination” and his bankruptcy claim could therefore not be equitably subordinated. The District Court rejected this argument on appeal, stating that a pardon does not relieve a wrongdoer from civil liability and holding there is no basis to collaterally attack the arbitration award. Further, the District Court held that pardons do not dictate facts in civil proceedings such as bankruptcy, so a civil court is not precluded from determining that a defendant engaged in the type of misconduct that would trigger Section 510(c) equitable subordination. Finally, the District Court distinguished between the arbitration award that was premised on breaches of fiduciary duty and false statements and the criminal case, stating that the arbitration award was more than sufficient to subordinate Milton’s claim. Because unsecured creditors will not be paid in full, the subordination of Milton’s claim means he will receive no distribution on account of his general unsecured claim.

Learn more about Wolfson Bolton Kochis’ **[Corporate Restructuring & Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/ "Corporate Restructuring & Bankruptcy")** practice, or connect with [**Anthony J. Kochis** ](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/ "Anthony J. Kochis")to learn more about his experience in [bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/ "Corporate Restructuring & Bankruptcy") and [commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/ "Commercial Litigation Attorneys").

**Categories:** Practice Updates

**Tags:** Bankruptcy, Courts, Legal Alert, Restructring

---

### [Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2027 Edition; Scott A. Wolfson named a “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/)

**Published:** August 20, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is proud to announce that six of our attorneys have been recognized in the 2027 Edition of *The Best Lawyers in America®*, with an additional attorney recognized in *Best Lawyers: Ones to Watch® in America*.

We are especially honored that Founding Member **[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")** has been named the 2027 **“Lawyer of the Year”** in Troy for his work in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. This marks the fifth time Wolfson has received a “Lawyer of the Year” distinction.

These honors recognize attorneys across several of the firm’s core practice areas and reflect WBK’s continued commitment to providing experienced, practical counsel to businesses, lenders, fiduciaries and individuals throughout Michigan.

**2027 “Lawyer of the Year” Award**

**[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")**

- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law — Troy, Michigan

**The Best Lawyers in America® — 2027 Edition**

**[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")**

- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
- Commercial Litigation
- Litigation – Bankruptcy

**[Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/ "Peter C. Bolton")**

- Banking and Finance Law
- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
- Commercial Finance Law
- Commercial Transactions / UCC Law
- Corporate Law

**[Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/ "Anthony J. Kochis")**

- Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
- Commercial Litigation
- Litigation – Bankruptcy

**[Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/ "Michelle H. Bass")**

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

**[Thomas J. Howlett](https://wolfsonbolton.com/who-we-are/thomas-j-howlett-real-estate-attorney/ "Thomas J. Howlett")**

- Litigation – Real Estate
- Real Estate Law

**[Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/ "Amy Huang Smith")**

- Corporate Law

**Best Lawyers: Ones to Watch® in America — 2027 Edition**

**[Logan T. Grizzell](https://wolfsonbolton.com/who-we-are/logan-t-grizzell/ "Logan T. Grizzell")**

- Commercial Litigation
- Litigation – Bankruptcy

**About the Best Lawyers Distinction**

Since it was first published in 1983, *Best Lawyers®* has become a widely recognized guide to legal excellence. Recognition in *The Best Lawyers in America®* is based on peer-review evaluations in which leading attorneys assess the professional abilities of their colleagues within the same geographic region and legal practice area.

Lawyers are not required or permitted to pay a fee to be listed, making recognition the result of the Best Lawyers peer-review selection process.

To learn more about the Best Lawyers recognition, visit [**BestLawyers.com**.](https://www.bestlawyers.com/united-states)

**Categories:** Firm News

**Tags:** Amy, Anthony, Honors, Jake, Logan, Michelle, News, Peter, Scott, Staff

---

### [Supreme Court Rejects Mechanical Use of Judicial Estoppel for Undisclosed Bankruptcy Claims](https://wolfsonbolton.com/news-updates/2026/july/supreme-court-rejects-mechanical-use-of-judicial-estoppel-for-undisclosed-bankruptcy-claims/)

**Published:** July 24, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

On June 11, 2026, the U.S. Supreme Court issued a unanimous decision in *Keathley v. Buddy Ayers Construction, Inc.*, No. 25-6, 608 U.S. \_\_\_ (2026), clarifying when a debtor’s failure to disclose a potential legal claim in bankruptcy may prevent the debtor from later pursuing that claim.

The case arose from Thomas Keathley’s Chapter 13 bankruptcy, which he filed in 2019. While the bankruptcy remained pending, Keathley was injured in an automobile accident. He informed his bankruptcy attorney of the accident, but his bankruptcy schedules were not amended to disclose the resulting personal-injury claim as a potential asset. Keathley later filed suit against Buddy Ayers Construction, whose employee allegedly caused the accident.

The defendant moved for summary judgment based on judicial estoppel, an equitable doctrine that may prevent a party from taking inconsistent positions in separate judicial proceedings. The defendant argued that Keathley’s failure to disclose the claim in bankruptcy barred him from pursuing it in a later lawsuit. Keathley then amended his bankruptcy schedules and plan to include the claim, maintaining that the original omission was an inadvertent mistake rather than an intentional effort to conceal an asset.

Applying existing Fifth Circuit precedent, the federal district court and the Fifth Circuit concluded that Keathley’s omission could not be considered inadvertent because he knew of the claim and could have benefited financially from failing to disclose it. His lawsuit was dismissed without a broader examination of his explanation, his communications with bankruptcy counsel, or whether the omission resulted in any actual benefit.

The Supreme Court rejected that mechanical approach, reasoning that judicial estoppel is an equitable doctrine that must be applied in light of the particular facts and circumstances of each case. Courts therefore must consider the totality of the circumstances when determining whether a debtor’s failure to disclose a claim was intentional, inadvertent, or mistaken. Because debtors generally know the facts underlying their claims and may almost always have some theoretical financial motive not to disclose an asset, the Fifth Circuit’s test risked treating nearly every omission as deliberate. The Court vacated the judgment and returned the case to the lower courts for further consideration under the proper standard.

The decision limits the use of judicial estoppel as an automatic basis for dismissing claims omitted from bankruptcy disclosures. Going forward, bankruptcy courts and courts handling bankruptcy-related litigation must examine the full factual context, including the debtor’s explanation, communications with counsel, corrective disclosures, and any actual effect on the bankruptcy estate or creditors. Although *Keathley* does not excuse incomplete disclosures, it requires courts to distinguish deliberate concealment from genuine mistake before imposing the significant consequence of barring a debtor’s claim.

Debtors and their counsel should always identify and disclose potential causes of action promptly and amend bankruptcy schedules when required.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Consumer Bankruptcy, Courts, Legal Alert

---

### [Wolfson Family Resilience Scholarship Announces 2026 Recipients](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/)

**Published:** June 15, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Wolfson Bolton Kochis PLLC](/) is pleased to recognize the 2026 recipients of the **Wolfson Family Resilience Scholarship**, awarded annually to students from Westwood High School in Ishpeming, Michigan who worked during high school and overcame a substantial challenge.

![](https://wolfsonbolton.com/wp-content/uploads/2026/06/wolfson-scholarship-2026.png "wolfson-scholarship-2026")This year’s recipients are:

**Isabelle Moebius
Emily Hytinen
Gavin Comero**

The Wolfson Family Resilience Scholarship was established by [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson"), a Westwood High School alumnus and founding member of Wolfson Bolton Kochis PLLC, as a way to support students from his hometown who have shown perseverance in the face of personal challenges. Now in its 11th year, the scholarship reflects Scott’s continued commitment to recognizing students who work hard, overcome obstacles, and continue moving forward with purpose.

Wolfson Bolton Kochis PLLC congratulates Isabelle, Emily, and Gavin on this well-deserved recognition. They reflect the purpose of the scholarship and the strength of the Westwood High School community.

**Categories:** Firm News

**Tags:** Community, News, Scholarship, Scott

---

### [Wolfson Bolton Kochis Earns Chambers USA 2026 Band 1 Ranking; Scott A. Wolfson Individually Recognized ](https://wolfsonbolton.com/news-updates/2026/june/wolfson-bolton-kochis-earns-chambers-usa-2026-band-1-ranking-scott-a-wolfson-individually-recognized/)

**Published:** June 10, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC is proud to announce that the firm has once again earned a **Band 1 ranking for Bankruptcy/Restructuring in Michigan** in the **[Chambers USA 2026 guide](https://chambers.com/law-firm/wolfson-bolton-kochis-pllc-usa-5:23286250)**, the highest ranking awarded by Chambers and Partners in this practice category.

The 2026 guide also recognized **[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")** individually for **[Bankruptcy/Restructuring](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/ "Corporate Restructuring & Bankruptcy") in Michigan**, marking his fifth consecutive year ranked by Chambers USA.

![Wolfson Bolton Kochis Chambers USA 2026 Band 1 Bankruptcy/Restructuring ranking in Michigan with Scott Wolfson recognized](https://wolfsonbolton.com/wp-content/uploads/2026/06/chambers-2026.png "Wolfson Bolton Kochis Chambers USA 2026 Bankruptcy/Restructuring Recognition")*Wolfson Bolton Kochis PLLC earned a Band 1 ranking for BankruptcyRestructuring in Michigan in Chambers USA 2026 with Scott A Wolfson recognized in Band 2*Chambers highlighted Wolfson Bolton Kochis for its strength in advising clients in complex bankruptcy matters under **Chapter 7, Chapter 11, and Chapter 12**. Chambers also noted the firm’s broad client list, which includes **receivers, boards of directors, and debtors**, as well as its work assisting creditors with **loan workouts and forbearance agreements**.

[According to Chambers](https://chambers.com/lawyer/scott-wolfson-usa-5:26384428), Scott “attracts praise for his high-caliber practice in bankruptcy and restructuring matters” and represents clients in both **in-court and out-of-court matters**. As one Chambers USA respondent noted, “Scott is excellent.”

Being ranked by Chambers and Partners is a meaningful recognition within the legal industry, as its rankings are based on independent research, client feedback, professional reputation, and market analysis. For Wolfson Bolton Kochis, the 2026 rankings reflect the firm’s continued commitment to sophisticated, practical, and client-focused counsel in bankruptcy and restructuring matters.

“We are honored to again be recognized by Chambers USA,” said Scott A. Wolfson, Founder and Practice Lead for Corporate Restructuring & Bankruptcy at Wolfson Bolton Kochis. “This recognition reflects the strength of our team, the trust of our clients, and our continued focus on helping businesses and stakeholders navigate complex financial and operational challenges.”

Wolfson Bolton Kochis represents businesses, creditors, fiduciaries, lenders, boards of directors, debtors, and other parties in financial distress matters, including Chapter 11 proceedings, bankruptcy litigation, receiverships, loan workouts, distressed transactions, and automotive supply chain matters involving financially distressed or non-performing counterparties.

For details on the Chambers USA 2026 rankings and research methodology, visit [chambers.com](https://chambers.com/legal-guide/usa-5).

**Categories:** Firm News, People

**Tags:** Bankruptcy, Honors, Leadership, News, Restructring, Scott

---

### [Scott A. Wolfson Appointed Receiver Over Stewart Knives, LLC Assets](https://wolfsonbolton.com/news-updates/2026/may/scott-a-wolfson-appointed-receiver-over-stewart-knives-llc-assets/)

**Published:** May 13, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson") has been appointed by the [Delta County Circuit Court](https://deltacountymi.gov/47th-circuit-court/) as receiver over the business assets of Stewart Knives, LLC d/b/a Bark River Knives located at its former production location in Escanaba, Michigan. In this role, Scott will oversee the preservation and disposition of these assets pursuant to the Court’s order.

This appointment reflects Scott’s experience in court-appointed fiduciary roles and the firm’s continued work helping clients navigate complex business, creditor, and insolvency-related matters throughout Michigan.

**About the Appointment**

Receivers are often appointed when business assets require oversight under the direction of a court. That role may include preserving assets, managing business-related property, evaluating value, and overseeing a sale or other disposition process.

Scott’s appointment in this matter draws on his background handling complex commercial disputes, business restructuring matters, and fiduciary responsibilities in state and federal proceedings.

**About Scott A. Wolfson**

Scott A. Wolfson is a founding member of Wolfson Bolton Kochis and Practice Lead for the firm’s [Corporate Restructuring & Bankruptc](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/ "Corporate Restructuring & Bankruptcy")y practice. He represents businesses, creditors, fiduciaries, and other stakeholders in matters involving financial distress, insolvency, commercial disputes, and court-supervised processes.

**About Wolfson Bolton Kochis**

Wolfson Bolton Kochis is a Troy, Michigan-based law firm representing clients nationally in business and commercial matters, including [corporate restructuring and bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/ "Corporate Restructuring & Bankruptcy"), [commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/ "Commercial Litigation Attorneys"), [finance](https://wolfsonbolton.com/corporate-services/finance/ "Corporate Finance Attorneys"), [real estate](https://wolfsonbolton.com/corporate-services/real-estate/ "Commercial Real Estate Lawyers"), [corporate transactions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/ "Mergers & Acquisitions Attorneys"), [automotive and supply chain matters](https://wolfsonbolton.com/corporate-services/automotive-supply-chain-lawyers/ "Automotive & Supply Chain Lawyers"), [regulatory compliance](https://wolfsonbolton.com/corporate-services/regulatory-compliance/ "Regulatory Compliance Lawyers"), and [consumer bankruptcy](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/ "Consumer Bankruptcy Attorneys in Detroit").

Read more about Scott A. Wolfson’s appointment in the *[Escanaba Daily Post](https://www.dailypress.net/news/local-news/2026/05/judge-appoints-receiver-after-bark-river-knives-eviction/)*.

**Categories:** Firm News, People

**Tags:** Bankruptcy, Clients, News, Receivership, Staff

---

### [Releases vs. Reality: How Post-Confirmation Actions Can Undermine Chapter 11 Finality](https://wolfsonbolton.com/news-updates/2026/may/releases-vs-reality-how-post-confirmation-actions-can-undermine-chapter-11-finality/)

**Published:** May 12, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

A recent decision from the U.S. District Court for the Southern District of Texas underscores a recurring fault line in Chapter 11 practice: the gap between broadly drafted release language and post-confirmation conduct that falls outside its reach.

In *In re Unit Petroleum Company*, the District Court affirmed a bankruptcy court ruling that allowed former shareholders’ claims to proceed against oil driller Unit Corporation, despite the company’s reliance on expansive release provisions in its Chapter 11 plan. As part of its 2020 restructuring, Unit issued stock warrants to certain equity holders, including participants in employee retirement plans, in exchange for their support of the Chapter 11 plan. The bankruptcy court-approved warrants included provisions designed to protect holders from dilution, including a requirement that Unit adjust the terms of the warrant in the event it issues a cash dividend. Post-confirmation and shortly before emerging from bankruptcy, however, Unit modified the warrant agreement to remove the anti-dilution protections. The warrant holders claim that they were not aware of the changes until after the company had recovered financially and distributed significant value to investors. They subsequently filed suit in Oklahoma claiming that Unit’s actions improperly diluted the value of their interests and breached obligations under the plan and related agreements.

Unit argued that the lawsuit was barred by the plan’s release and injunction provisions. The release language, like many Chapter 11 plans, is broad and shields the company from a wide range of claims connected to the restructuring. In rejecting Unit’s position, both the bankruptcy court and the district court focused on carve-outs within the release that preserved claims arising from post-effective-date obligations under the plan. The district court held that the plaintiffs’ claims fell squarely within the exception because the claims were based on alleged failures to comply with obligations that arose after the plan became effective, including obligations embedded in the pre-modified warrant agreement. While the district court acknowledged that Unit may raise compliance with the plan as a possible defense, it affirmed that the release did not bar the lawsuit from proceeding.

The Unit decision highlights two key risk considerations for deal participants. First, standard exclusions for post-effective-date obligations can significantly limit the scope of protection, especially where the release lacks explicit language covering the conduct at issue. Second, modifications to deal terms post-confirmation, particularly those affecting stakeholder rights, may fall outside the protective umbrella of a plan and invite litigation. Chapter 11 releases are powerful, but not limitless. Companies and their advisors should carefully evaluate both the scope of release provisions and the consistency of post-confirmation actions with plan obligations to avoid unintended exposure.

Post-confirmation disputes can create significant risk for companies and stakeholders alike. Learn more about how Wolfson Bolton Kochis advises clients on Chapter 11, restructuring, and bankruptcy-related matters by visiting the firm’s [Restructuring and Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/ "Corporate Restructuring & Bankruptcy") practice area.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Creditor Rights, Legal Alert, Litigation, Restructring

---

### [Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2026 Edition; Scott A. Wolfson named a “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2025/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2026-edition-scott-a-wolfson-named-a-lawyer-of-the-year/)

**Published:** August 21, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is proud to announce that several of our attorneys have been recognized in the *2026 Edition of The Best Lawyers in America®* and *Best Lawyers: Ones to Watch® in America*. We are especially honored that Founding Member [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson") has been named as a 2026 “*Lawyer of the Year*” in Troy for his work in Litigation – Bankruptcy. This marks the fourth time he has been named a Lawyer of the Year**.**

These prestigious honors reflect excellence across multiple practice areas and underscore our team’s dedication to client success and legal leadership.

**2026 “Lawyer of the Year” Award**

- **[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")** – *Litigation – Bankruptcy*, Troy, Michigan

**The Best Lawyers in America® (2026 Edition)**

- **[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")**
    - *Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law*
    - *Commercial Litigation*
    - *Litigation – Bankruptcy*
- **[Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/ "Peter C. Bolton")**
    - *Banking and Finance Law*
    - *Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law*
    - *Commercial Finance Law*
    - *Commercial Transactions / UCC Law*
    - *Corporate Law*
- **[Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/ "Anthony J. Kochis")**
    - *Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law*
    - *Commercial Litigation*
    - *Litigation – Bankruptcy*
- **[Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass/ "Michelle H. Bass")**
    - *Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law*
    - *Litigation – Bankruptcy*
- **[Thomas J. Howlett](https://wolfsonbolton.com/who-we-are/thomas-j-howlett/ "Thomas J. Howlett")**
    - *Real Estate Law*

**Best Lawyers: Ones to Watch® in America**

- **[Logan T. Grizzell](https://wolfsonbolton.com/who-we-are/logan-t-grizzell/ "Logan T. Grizzell")**

**About the Best Lawyers Distinction**

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers recognitions are compiled based on an exhaustive Purely Peer Review® evaluation. More than 184,000 industry leading lawyers are eligible to vote (from around the world) and have received more than 25.8 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

To learn more about the Best Lawyers recognition, visit [BestLawyers.com](https://urldefense.proofpoint.com/v2/url?u=https-3A__www.bestlawyers.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=Zi2l6Qp-TnkL6dNTeW1pZSMGaurgmvO_-dIBmJ7NTCc&m=pcicISb0r2X-lSUZ6mhKOeKD9_mVm1vMppCLQUU4XRsob4nur1ywy6SgtS4g4gnw&s=VAhFiiFtAN6LAn1I9aRx_nNhrZU47guc035YaUYcmQU&e=).

**Categories:** Firm News, People

**Tags:** Amy, Anthony, Honors, Jake, Laura, Leadership, Michelle, News, Peter, Scott, Staff

---

### [Anthony J. Kochis Recognized As Go To Lawyer For Business Litigation](https://wolfsonbolton.com/news-updates/2025/august/anthony-j-kochis-recognized-as-go-to-lawyer-for-business-litigation/)

**Published:** August 12, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC is proud to highlight the achievements of firm member **[Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/ "Anthony J. Kochis")**, recently featured in *[Michigan Lawyers Weekly](https://milawyersweekly.com/ "Michigan Lawyers Weekly") as a [Go To Lawyer for Business Litigation](https://milawyersweekly.com/news/2025/08/03/business-litigation-2025/ "Go To Lawyer for Business Litigation")*.

Anthony brings exceptional experience and dedication to his clients, practicing commercial business litigation and commercial bankruptcy. Recognized for his **unwavering preparedness**, Anthony prides himself on never being outworked, whether in trial or a motion hearing. He currently serves as **Chair of the Litigation Section of the** [**State Bar of Michigan** ](https://www.michbar.org/ "State Bar of Michigan ")and continues to shape the future of business litigation in Michigan.

![](https://wolfsonbolton.com/wp-content/uploads/2025/08/ST080725_Kochis-2-1-778x1024.jpg "ST080725_Kochis-2-1")

**Categories:** Firm News

**Tags:** Anthony, Honors, News, Staff

---

### [Michelle Bass Featured in Bloomberg Law on Raising Chapter 13 Bankruptcy Debt Limits](https://wolfsonbolton.com/news-updates/2025/september/michelle-bass-featured-in-bloomberg-law-on-raising-chapter-13-debt-limits/)

**Published:** September 2, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

The U.S. Senate is expected to consider an amendment that would temporarily raise Chapter 13 bankruptcy debt limits by replacing the current $1.58 million (secured) and $526,000 (unsecured) caps with a single $2.75 million ceiling. The proposal—packaged with the national defense bill—would also restore Subchapter V’s small-business bankruptcy threshold to $7.5 million and apply retroactively to bankruptcy cases filed during the lapse.

In Bloomberg Law’s coverage, Wolfson Bolton Kochis bankruptcy attorney **[Michelle Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass/ "Michelle H. Bass")** called the pre-pandemic limits “obsolete, arbitrary gatekeepers,” noting that inflation and rising housing, medical, and student-loan costs have pushed many wage earners and entrepreneurs outside Chapter 13 bankruptcy eligibility. She added that raising the bankruptcy debt limits would help families and small-business owners access reorganization relief rather than being forced into costlier or less suitable bankruptcy chapters.

Read the entire article at [Senators to Weigh Raising Chapter 13 Debt Limits for Consumers](https://news.bloomberglaw.com/bankruptcy-law/senators-to-weigh-raising-chapter-13-debt-limits-for-consumers)

*Source: Bloomberg Law, “Senators to Weigh Raising Chapter 13 Debt Limits for Consumers,” Sept. 2, 2025.*

**Categories:** Firm News, People

**Tags:** Bankruptcy, Chapter 13, Michelle, News, Staff

---

### [Wolfson Bolton Kochis Earns Multiple Tier 1 Rankings in 2026 Edition of Best Law Firms®](https://wolfsonbolton.com/news-updates/2025/november/wolfson-bolton-kochis-earns-multiple-tier-1-rankings-in-2026-edition-of-best-law-firms/)

**Published:** November 6, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is proud to announce that the firm has earned multiple Metropolitan Tier rankings in the **2026 Edition** of the ***Best Lawyers*® *Best Law Firms*®** list.

Wolfson Bolton Kochis received Tier 1 rankings in three core practice areas:

**2026 Metropolitan Tier 1 Rankings – Troy, Michigan**
• Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
• Commercial Litigation
• Litigation – Bankruptcy

These Tier 1 rankings reinforce the firm’s reputation as a trusted resource for companies seeking experienced bankruptcy attorneys in Michigan, restructuring counsel, and litigation support in complex commercial disputes.

The firm also earned Tier 2 rankings in:

**2026 Metropolitan Tier 2 Rankings – Troy, Michigan**
• Commercial Finance Law
• Corporate Law
• Real Estate Law

These recognitions highlight the depth of our business-focused legal services and the firm’s continued growth across corporate, finance, and real estate matters in Michigan.

Achieving multiple tiered rankings in the 2026 Edition reflects Wolfson Bolton Kochis’s ongoing dedication to delivering high-quality legal services in bankruptcy, litigation, corporate, finance, and real estate matters. The firm remains committed to providing strategic, business-focused counsel to clients across Michigan and beyond.

About ***Best Law Firms***

Firms listed in the Best Law Firms guide from Best Laywers are recognized for exceptional professional performance. Rankings are based on client evaluations, peer review, and demonstrated excellence across the legal industry.

To be eligible for consideration, a firm must have at least one attorney recognized in The Best Lawyers in America®, an honor awarded to the top 5 percent of practicing lawyers nationwide. Learn more at [BestLawyers.com](https://www.bestlawfirms.com/methodology/United%20States "Best Lawyers Methodology").

**Categories:** Firm News

**Tags:** Anthony, Honors, News, Peter, Scott

---

### [Peter Bolton Authors Cover Story in Journal of Corporate Renewal](https://wolfsonbolton.com/news-updates/2025/november/peter-bolton-authors-cover-story-in-journal-of-corporate-renewal/)

**Published:** November 3, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is proud to share that founding member [**Peter Bolton**](https://wolfsonbolton.com/who-we-are/peter-c-bolton/ "Peter C. Bolton") authored the article, “***Back to the Future – Reviving Customer Groups in Automotive Supplier Workouts*”**, featured on the cover of the November 2025 issue of the ***Journal of Corporate Renewal* (JCR)**, the flagship publication of the [**Turnaround Management Association**](https://www.turnaround.org/).

![Journal of Corporate Renewal, November 2025](https://wolfsonbolton.com/wp-content/uploads/2025/11/cover-jcr-nov2025-276x300.jpg "cover-jcr-nov2025")Cover of *Journal of Corporate Renewal* | November 2025In his article, Pete examines the growing fragility of today’s automotive supply chains and makes a compelling case for reviving customer groups—collaborative coalitions of OEMs, Tier 1 suppliers, lenders, and other stakeholders designed to manage supplier distress. Once a staple of the industry, these groups have largely disappeared but remain one of the most effective tools for stabilizing suppliers, maintaining production continuity, and preserving long-term relationships.

Pete outlines the key advantages of customer groups, including risk mitigation, shared financial responsibility, collective bargaining power, and improved transparency. He also explores the reasons behind their decline and why global volatility makes their revival more critical than ever.

Read the full cover story: “***Back to the Future – Reviving Customer Groups in Automotive Supplier Workouts***” in the [***Journal of Corporate Renewal*** (November 2025)](https://www.tmajcr.org/journalofcorporaterenewal/Store.action "Back to the Future – Reviving Customer Groups in Automotive Supplier Workouts").

**Categories:** Firm News

**Tags:** Automotive, Corporate, Education, Leadership, News, Peter, Staff

---

### [Michelle H. Bass Inducted as Fellow in the American College of Bankruptcy’s 37th Class](https://wolfsonbolton.com/news-updates/2026/march/michelle-h-bass-inducted-as-fellow-in-the-american-college-of-bankruptcys-37th-class/)

**Published:** March 31, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC is pleased to announce that [Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass/ "Michelle H. Bass") has been inducted as a Fellow in the 37th Class of the [American College of Bankruptcy](https://www.americancollegeofbankruptcy.com/). The induction ceremony was held on March 20, 2026, in San Antonio, Texas, as part of the College’s Annual Meeting.

![Michelle H. Bass at the American College of Bankruptcy Class 37 induction ceremony in San Antonio, Texas](https://wolfsonbolton.com/wp-content/uploads/2026/03/bass-acb-induction.jpg "michelle-h-bass-american-college-of-bankruptcy-class-37-san-antonio-tx")Michelle H Bass was inducted as a Fellow in the American College of Bankruptcys 37th Class on March 20 2026 in San Antonio TexasFellows of the American College of Bankruptcy are recognized for professional excellence and exceptional contributions to the bankruptcy and insolvency field. Michelle’s induction reflects her longstanding commitment to the practice, her service to clients, and her respected role in the bankruptcy community.

Michelle was named among the professionals selected for the College’s 37th Class, which includes leaders from law firms, the judiciary, financial advisory firms, academia, and other areas of the insolvency profession across the United States and internationally.

The American College of Bankruptcy is an honorary public service association of insolvency professionals. Its work includes educational programming, scholarly publications, maintenance of the National Bankruptcy Archives, and support for projects that improve bankruptcy law, practice, and access to justice through its affiliated Foundation.

Selection as a Fellow is based on highly selective criteria, including professionalism, ethics, character, integrity, professional expertise, leadership, scholarship, community service, and a commitment to advancing knowledge and public respect for the profession.

Please join us in congratulating Michelle on this well-earned honor.

If you are facing overwhelming debt, creditor pressure, wage garnishment, foreclosure, or questions about whether bankruptcy is the right option, Wolfson Bolton Kochis can help. Visit our [Consumer Bankruptcy](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/ "Consumer Bankruptcy Attorneys in Detroit") page to learn more about your options and how [Michelle](https://wolfsonbolton.com/who-we-are/michelle-h-bass/ "Michelle H. Bass") works with individuals and families across Michigan to find practical paths forward.

**Categories:** Firm News

**Tags:** Honors, Leadership, Michelle, News, Staff

---

### [Shielding Commercial Speech: Michigan’s New Anti-SLAPP Law Takes Effect](https://wolfsonbolton.com/news-updates/2026/march/shielding-commercial-speech-michigans-new-anti-slapp-law-takes-effect/)

**Published:** March 30, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

Effective March 24, 2026, Michigan joined a growing number of states in providing comprehensive legal protections against “Strategic Lawsuits Against Public Participation” (SLAPP). Public Act 52 of 2025, which is codified at Michigan Compiled Laws Sections 691.1851 through 691.1863, creates a critical procedural hurdle for plaintiffs attempting to use the court system to silence or retaliate against individuals and business entities exercising their First Amendment rights.

**Key Provisions of Public Act 52**

The new law introduces several mechanisms designed to end retaliatory litigation at the earliest possible stage:

- **Special Motion to Dismiss:** Defendants may now file a “special motion for expedited relief,” MCL § 691.1853, to dismiss a SLAPP suit within 60 days of service. This motion requires the court to determine whether the claim arises from, among other things, the defendant’s exercise of the right to free speech or the right to petition the government on a matter of public concern.
- **Automatic Stay of Discovery:** Once a special motion to dismiss is filed, all discovery in the case is automatically stayed. MCL § 691.1854(1)(a). This prevents plaintiffs from using the costly and time-consuming discovery process as a tool for financial attrition.
- **Fee-Shifting Provisions:** In a significant departure from the “American Rule” whereby litigants pay their own legal fees, Public Act 52 requires the court to award reasonable attorney fees and costs to a moving party who prevails on a special motion to dismiss. If a plaintiff voluntarily dismisses their suit with prejudice in response to a defendant’s special motion for expedited relief, the defendant is considered to have prevailed for such purposes. MCL § 691.1857(3). This provision should act as a powerful deterrent against the filing of frivolous, speech-restrictive claims.
- **Expedited Hearing:** Courts are required to hold a hearing on the special motion to dismiss within 60 days of filing, MCL § 691.1855(1), ensuring that protected speech is not chilled by years of protracted litigation. Courts must also rule on the special motion for expedited relief no later than 60 days after such hearing. MCL § 691.1858.

The ability to invoke Public Act 52 depends on timely action and a clear demonstration that the speech in question involves a “matter of public concern,” MCL § 691.1852(1)(d)(iii), a term the Michigan courts may begin to define in this new statutory context.

**Impact on Business Litigation**

By providing an expedited path to dismissal and the recovery of legal fees, the law ensures that businesses can engage in necessary public advocacy and competitive discourse without the looming threat of frivolous yet costly challenges.

For more information on how this new law may impact your business or pending [litigation](https://wolfsonbolton.com/corporate-services/litigation/ "Commercial Litigation Attorneys"), please contact Wolfson Bolton Kochis attorney [Chris Pullman](https://wolfsonbolton.com/who-we-are/christopher-j-pullman/ "Christopher J. Pullman").

**Categories:** Practice Updates

**Tags:** Christopher, Legal Alert, Litigation, Michigan Law, Scott, SLAPP

---

### [Wolfson Bolton Kochis Welcomes Christopher J. Pullman as Associate Attorney](https://wolfsonbolton.com/news-updates/2025/november/wolfson-bolton-kochis-welcomes-christopher-j-pullman-as-associate-attorney/)

**Published:** November 12, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is pleased to announce that Christopher J. Pullman has joined the firm as an associate attorney in our Restructuring and Bankruptcy practice group.

Chris brings valuable experience from his work with the U.S. Bankruptcy Courts in Illinois and Maine, where he served as a law clerk and completed multiple internships and externships during law school. He also has a strong background in litigation.

In addition to his legal training, Chris spent several years in retirement plan administration and compliance, giving him a practical understanding of the financial and regulatory issues that often intersect with restructuring matters. He earned his J.D. from Boston College Law School and holds both undergraduate and graduate degrees in music from Indiana University. He is admitted to practice in Illinois and Texas. His admission to MIchigan is pending.

We are pleased to welcome Chris to our team and look forward to the contributions he will make to our clients and practice.

**Categories:** Firm News

**Tags:** Christopher, News, Staff

---

### [Wolfson Bolton Kochis PLLC Attorneys Published in ABA Business Law Today on Equitable Subrogation in Bankruptcy](https://wolfsonbolton.com/news-updates/2026/february/wolfson-bolton-kochis-pllc-attorneys-published-in-aba-business-law-today-on-equitable-subrogation-in-bankruptcy/)

**Published:** February 23, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC attorneys **[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")** and **[Logan T. Grizzell](https://wolfsonbolton.com/who-we-are/logan-t-grizzell/ "Logan T. Grizzell")** recently published their article, **“[Equitable Subrogation in Bankruptcy: A Potential Lifeline for Unsecured Creditors](https://businesslawtoday.org/2026/02/equitable-subrogation-in-bankruptcy-a-potential-lifeline-for-unsecured-creditors/)”** in the American Bar Association Business Law Section’s ***[Business Law Today](https://businesslawtoday.org/)***. The article appears in the ABA’s Bankruptcy & Finance coverage and highlights a practical issue that can materially impact recoveries in Chapter 11 cases.

In the article, Scott and Logan examine how equitable subrogation may offer a powerful, and often overlooked, tool in Chapter 11 to preserve lien rights for the benefit of the bankruptcy estate after a debtor guarantor pays secured debt. The doctrine allows the estate to step into the lender’s shoes, maintaining priority of the debt and collateral and potentially enhancing unsecured creditor recoveries where unsecured creditors are otherwise out of the money under the Bankruptcy Code’s priority scheme.

Their analysis also underscores an important practical takeaway for restructuring professionals: transaction structuring and plan drafting matter. By embedding equitable assignment directly into a confirmed plan, practitioners can transform satisfied secured claims into estate assets, creating a potential lifeline for unsecured creditors.

This publication reflects the firm’s continued focus on providing strategic, technically grounded counsel in [bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/ "Corporate Restructuring & Bankruptcy"), [restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/ "Corporate Restructuring & Bankruptcy"), and [finance](https://wolfsonbolton.com/corporate-services/finance/ "Corporate Finance Attorneys") matters.

If your business is navigating financial distress, creditor claims, or a restructuring scenario, our team can help evaluate practical options and develop a strategy tailored to your circumstances. Wolfson Bolton Kochis PLLC also regularly represents unsecured creditors’ committees and trade creditors in Chapter 11 cases in Michigan and nationwide.

**Read the Article – [“Equitable Subrogation in Bankruptcy: A Potential Lifeline for Unsecured Creditors”](https://businesslawtoday.org/2026/02/equitable-subrogation-in-bankruptcy-a-potential-lifeline-for-unsecured-creditors/)**, published in ***[ABA Business Law Today](https://businesslawtoday.org/)*** by Scott A. Wolfson and Logan T. Grizzell.

**Categories:** Firm News

**Tags:** Leadership, Logan, News, Publications, Scott

---

### [Wolfson Bolton Kochis PLLC Recognized by The M&A Advisor in 20th Annual Turnaround Awards](https://wolfsonbolton.com/news-updates/2026/march/wolfson-bolton-kochis-pllc-recognized-by-the-ma-advisor-in-20th-annual-turnaround-awards/)

**Published:** March 3, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

**Wolfson Bolton Kochis PLLC** has been recognized as a winner in **[The M&A Advisor’s 20th Annual Turnaround Awards](https://maadvisor.com/20th-annual-turnaround-awards-nominate-now/)**.

Wolfson Bolton Kochis PLLC received top honors in the category of “Cross-Border Restructuring of the Year (Up to $100MM)” for its work in the restructuring of TWI.

“This recognition is a meaningful honor for our team,” said **[Scott Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson"), Managing Partner** of Wolfson Bolton Kochis PLLC. “Cross-border restructurings demand practical strategy, steady collaboration, and a clear focus on outcomes. We are proud of the work surrounding this effort to help achieve a successful result.”

Now in its 28th year, **[The M&A Advisor](https://maadvisor.com/)** was founded in 1998 to offer valuable insights and intelligence on mergers and acquisitions. Today, it is recognized as a premier leadership organization for mergers and acquisitions, restructuring, and corporate finance professionals.

The Turnaround Awards highlight standout transactions and deal teams across the restructuring and distressed investing community, with winners selected from a competitive field of participating firms and professionals. Awards will be presented during **[The M&A Advisor’s Distressed Investing Summit](https://maadvisor.com/2026-distressed-investing-summit/)**, taking place **March 23–24, 2026** in **Palm Beach, Florida**.

For organizations navigating complex change, our team brings experience across the full business lifecycle – from restructuring strategy and stakeholder negotiations to operational supply chain pressures and transaction execution. To learn more, explore our related capabilities in **[Restructuring & Insolvency](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/ "Corporate Restructuring & Bankruptcy")**, **[Automotive Supply Chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/ "Automotive Supply Chain Lawyers")**, and **[Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/ "Mergers & Acquisitions Attorneys")**.

**Categories:** Firm News

**Tags:** Amy, Anthony, Honors, Leadership, News, Peter, Scott, Staff

---

### [Amy Huang Smith Recognized as Rising Star of the Year by ACG Detroit](https://wolfsonbolton.com/news-updates/2026/march/amy-huang-smith-recognized-as-rising-star-of-the-year-by-acg-detroit/)

**Published:** March 18, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is pleased to share that [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith/ "Amy Huang Smith") has been named Rising Star of the Year by the [Association for Corporate Growth Detroit](https://www.acg.org/detroit "Association for Corporate Growth Detroit") in connection with its [11th Annual M&A All Star Awards](https://www.acg.org/detroit/ma-all-star-awards "11th Annual M&A All Star Awards").

![Amy-Huang-Smith-2026-ACG-Detroit-M&A-AllStar-Award-Winner](https://wolfsonbolton.com/wp-content/uploads/2026/03/huang-smith-allstar-2026.png "huang-smith-allstar-2026")Amy Huang Smith has been named Rising Star of the Year by ACG Detroit as part of its 11th Annual MA All Star AwardsThis award recognizes emerging leaders who are making a meaningful impact in the mergers and acquisitions space. Amy’s recognition reflects her strong work ethic, professional excellence, and contributions to the middle-market deal community.

The award will be presented at the M&A All Star event on Wednesday, May 6, at The Townsend Hotel in Birmingham, Michigan.

Founded in 1954, ACG is the premier M&A deal-making community, focused on driving middle-market growth. Its global network spans 61 local markets worldwide and includes more than 100,000 professionals who invest in, own, and advise growing companies. Learn more at: [ACG Detroit | Association for Corporate Growth](https://urldefense.proofpoint.com/v2/url?u=https-3A__www.acg.org_detroit&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=APsvcJOIR47UYlcLr4cZrPghCCDs4Oaqi6UwYT-Pt34&m=CDoUT3wVIzz-IV_dgESyzTfxp3iZasRqNj28N2noaXB4kr8JdRm5hWzaCdhU_-jG&s=qbmE0uHvmXlTrbvNFfO6yRnC8ms46Dv7GfDeNhVngN8&e=)

Congratulations, Amy, on this outstanding recognition.

**Categories:** Firm News

**Tags:** Amy, Honors, News, Staff

---

### [Wolfson Bolton Kochis Recognized in TMA Detroit Transaction of the Year Award](https://wolfsonbolton.com/news-updates/2026/march/wolfson-bolton-kochis-recognized-in-tma-detroit-transaction-of-the-year-award/)

**Published:** March 26, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC is honored that a transaction involving the firm has been recognized by the [Turnaround Management Association Detroit Chapter](https://my.turnaround.org/Chapters/Chapter-Home-Page?pa_chapterid=%7b1E200680-95CC-EC11-A7B5-0022482F86EF%7d) as Transaction of the Year (Small Company).

The recognition relates to the Chapter 11 sale of Lonero Engineering Co., Inc., a fourth-generation precision machining business founded in 1951. For decades, Lonero supplied patented tooling used in deep rolling automotive crankshafts for internal combustion engines. As the automotive industry accelerated its transition toward electric vehicles, Lonero faced significant financial pressure tied to the rapid decline in demand for its core products.

In the Chapter 11 case, Wolfson Bolton Kochis represented Lonero Acquisition Company LLC, the successful purchaser in a court-supervised sale process that helped preserve the company as a going concern.

The matter involved substantial challenges. At the time of filing, Lonero had limited cash, unpaid wages, utility arrearages, and significant secured debt. The company was also facing the risk of liquidation following the appointment of a receiver. Through a fast-moving sale process and competitive auction, the transaction ultimately produced a successful outcome that maximized value and preserved operations.

The sale closed on July 2, 2025. As a result of the transaction, skilled manufacturing jobs were preserved, secured claims were paid in full, and a 74-year-old industrial company was saved as an ongoing business.

This recognition reflects the importance of strategic legal counsel, disciplined execution, and coordinated problem-solving in distressed transactions where timing and precision are critical. Wolfson Bolton Kochis is grateful to have played a role in a transaction that helped deliver a meaningful outcome for the business and its stakeholders.

The award will be presented on May 5 at the [TMA Detroit Annual Awards Reception](https://my.turnaround.org/Events/Calendar-Of-Events/Meeting-Home-Page?meetingid={B8AEC8CF-D9E9-F011-8544-0022482A52EC}) at The Kingsley Bloomfield Hills in Bloomfield Hills, Michigan.

For businesses and stakeholders facing financial distress, complex transactions, or restructuring challenges, Wolfson Bolton Kochis’ practice areas provide additional information about the firm’s work in [restructuring and bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/ "Corporate Restructuring & Bankruptcy"), [litigation](https://wolfsonbolton.com/corporate-services/litigation/ "Commercial Litigation Attorneys"), [finance](https://wolfsonbolton.com/corporate-services/finance/ "Corporate Finance Attorneys"), and broader [corporate law matters](https://wolfsonbolton.com/corporate-services/corporate-counseling/ "Corporate Counseling").

**Categories:** Firm News

**Tags:** Amy, Anthony, Bankruptcy, Honors, News, Peter, Scott

---

### [Supreme Court Voids the Concept of Void Judgments](https://wolfsonbolton.com/news-updates/2026/march/supreme-court-voids-the-concept-of-void-judgments/)

**Published:** March 3, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

The Supreme Court recently issued a ruling that closed a significant loophole litigants have attempted to exploit for years. In light of *Coney Island Auto Parts Unlimited, Inc v. Burton*, \_\_\_US\_\_\_; 223 L Ed 2d 438 (2026), parties will now be required to affirmatively address “void” judgments—which used to be considered legal nullities—within a reasonable time, rather than waiting until they felt like addressing them or ignoring them altogether.

A judgment against a party in litigation can be rendered “void” when it is based on a legal error such as a court’s lack of personal or subject matter jurisdiction to hear a case. The Federal Rules of Civil Procedure allow litigants to move for relief from a judgment on the basis that it is void. Fed. R. Civ. P. 60(b)(4). Such a motion must be made within a reasonable time. Fed. R. Civ. P. 60(c)(1).

In *Coney Island*, one of the parties (Vista Pro) filed for bankruptcy and initiated an adversary proceeding against another party (Coney Island) to collect unpaid invoices. Vista Pro failed to comply with the service of process rules set forth in the Federal Rules of Bankruptcy Procedure, and Coney Island did not answer the complaint. Despite Vista Pro’s failure to properly serve Coney Island, the bankruptcy court entered a default judgment against Coney Island. Vista Pro’s bankruptcy trustee tried and eventually succeeded in enforcing the judgment against Coney Island. More than 6 years after the default judgment was entered, Coney Island moved for relief from judgment on the grounds that the default judgment against it was void for lack of personal jurisdiction due to the improper service of process. Vista Pro challenged the motion, arguing that it was not brought within a reasonable time. The Supreme Court agreed with Vista Pro, resolving a circuit split regarding the time to challenge void judgments.

The Supreme Court in *Coney Island* noted that it “\[could not\] divine any principle requiring courts to keep their doors perpetually open to allegations of voidness.” Based on the plain language of Federal Rule of Civil Procedure 60, the Court stated that “giving a party a ‘reasonable’ time to seek relief from an allegedly void judgment may well be all that due process demands.”

On the other hand, the Court noted “extreme implications” to allowing parties to allege voidness at any time, such as enabling an adversely affected party to wait as long as it wanted before contesting a legal consequence.

As a practical matter, the language of Rule 60 clearly contemplates the fact that judgments can be void based on legal errors and gives litigants an avenue to seek relief from them. It imposes a concrete timeframe within which litigants may exercise their rights from a void judgment. But the word “void” is confusing, because now, a void judgment is not automatically “void”—it requires the litigant against whom the judgment is entered to argue why the judgment is void, or else the judgment can be enforced.

The Supreme Court’s decision reinforces that litigants must act promptly when challenging judgments, even those allegedly entered without jurisdiction. Parties who delay risk forfeiting potentially meritorious arguments.

[Wolfson Bolton Kochis PLLC ](#)attorneys are experienced [federal court litigators](https://wolfsonbolton.com/corporate-services/litigation/ "Commercial Litigation Attorneys") who help businesses assess risk, preserve defenses, and develop strategies to protect their interests in high-stakes commercial and [bankruptcy litigation](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/ "Corporate Restructuring & Bankruptcy").

**Categories:** Practice Updates

**Tags:** Bankruptcy, Courts, Legal Alert, Litigation

---

### [Buyer Beware: Sixth Circuit Affirms Purchaser Does Not Take Collateral Free of Security Interest](https://wolfsonbolton.com/news-updates/2025/november/buyer-beware-sixth-circuit-affirms-purchaser-does-not-take-collateral-free-of-security-interest/)

**Published:** November 11, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

In *HBKY, LLC v. Elk River Export, LLC*, 150 F.4th 480 (6th Cir. 2025), the Sixth Circuit reaffirmed fundamental principles of the Uniform Commercial Code (“UCC”) governing secured transactions, holding that a lender’s perfected security interest in timber survived the debtor’s unauthorized sale to a third party. The decision underscores the narrow circumstances in which a purchaser may acquire collateral free of an existing lien.

Kingdom Energy Resources, LLC obtained a $22 million loan from HBKY, LLC, as agent, secured by a mortgage on timberlands. Kingdom later contracted with Elk River Export, LLC to cut and remove timber from those properties. When Kingdom defaulted on the loan, HBKY foreclosed on the collateral, including the timber, prompting Elk River to claim superior rights as a “buyer in the ordinary course of business.” The district court granted summary judgment to HBKY, and the Sixth Circuit affirmed.

The court rejected Elk River’s contention that the loan documents authorized a sale of timber free of HBKY’s lien. Although the transaction documents referenced the sale of timber, the mortgage explicitly stated that “any sale” would not impair HBKY’s security interest. Under the UCC, a security interest continues in collateral unless the secured party authorizes its disposition free of the lien. No such authorization existed.

The Sixth Circuit also rejected Elk River’s “buyer in the ordinary course” defense, finding no evidence that Kingdom was “in the business of selling timber.” The court emphasized that a single sale does not establish a regular course of business sufficient to satisfy UCC protections.

This decision reinforces that secured creditors retain their perfected interests absent an express release and serves as a caution to purchasers: before acquiring goods subject to a lien, confirm that the seller is regularly engaged in selling those goods and that any secured party has consented to the transaction.

**Categories:** Practice Updates

**Tags:** Courts, Legal Alert, Litigation

---

### [Reconsidering Specific Performance in Troubled Company Acquisition Agreements](https://wolfsonbolton.com/news-updates/2025/october/reconsidering-specific-performance-in-troubled-company-acquisition-agreements/)

**Published:** October 20, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

In an early 2025 decision, the Delaware Court of Chancery ordered specific performance of a merger agreement between Desktop Metal, Inc. (“Desktop”) and Nano Dimension Ltd (“Nano”). The Court’s ruling displayed Delaware courts’ willingness to enforce negotiated obligations in the context of M&A, particularly when covenants are strong, the path to closing is limited, and a party is found to have deliberately obstructed the process.

Desktop had disclosed post-agreement concerns about its financial health, including language in its public findings that indicated “substantial doubt” regarding its ability to continue as a going concern. Desktop alleged that, following a change in Nano’s board composition, the new Nano board engaged in delay tactics that frustrated the progress of the closing process and breached Nano’s contractual obligation to take all necessary actions to consummate the transaction. Desktop filed suit to compel performance under the merger agreement.

Despite the challenges facing the parties and this deal, the Court found that Nano breached its obligations under the merger agreement. Damages were deemed inadequate given the fragile condition of the companies involved and the unique value of this transaction. The Court emphasized that the remaining steps to close the deal were discrete, manageable, and largely within the buyer’s control, which made specific performance a feasible remedy. Notably, the court also rejected Nano’s defenses that relied on Desktop’s financial deterioration and alleged ancillary breaches.

This decision outlines several lessons for parties negotiating or litigating distressed M&A transactions. Courts are willing to enforce strong covenant language, such as “reasonable best efforts” and “hell-or-high-water” obligations, even when there are doubts regarding the financial viability of the target entity or a changed board’s opposition to the deal. Equitable relief is also more likely when the structure of the agreement permits practical enforcement of specific performance.

This decision also serves as an important reminder that businesses considering sale or change of control transactions should carefully review with counsel their termination rights, specific performance obligations, and other deal protections.

\*\*Wolfson Bolton Kochis advises clients on [mergers, acquisitions, and distressed transactions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/ "Mergers & Acquisitions Attorneys") in Delaware, Michigan, and nationwide. If you have questions about how this ruling may affect your business or ongoing negotiations, please [contact us.](https://wolfsonbolton.com/contact/ "Contact")\*\*

**Categories:** Practice Updates

**Tags:** Acquisitions, Courts, Legal Alert, M&A, mergers

---

### [Wolfson Bolton Kochis Represents Creditors in First Brands Group Bankruptcy](https://wolfsonbolton.com/news-updates/2025/september/wolfson-bolton-kochis-represents-creditors-in-first-brands-group-bankruptcy/)

**Published:** September 29, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

On September 28, 2025 and September 29, 2025, First Brands Group LLC and nearly 100 affiliated debtors filed for Chapter 11 bankruptcy relief in the Southern District of Texas. The Ohio-based auto parts company, with holdings in Michigan and around the world, disclosed more than $10 billion in total liabilities.

Please contact [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/) if you need assistance navigating First Brands Group’s bankruptcy and maximizing your recovery. More information can be found here [Kroll Restructuring Administration](https://restructuring.ra.kroll.com/firstbrands/Home-Index).

**Categories:** Practice Updates

---

### [Third Circuit Reinforces Finality of Bankruptcy Confirmation Orders](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/)

**Published:** September 28, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

On August 22, 2025, the U.S. Court of Appeals for the Third Circuit in *In re Congoleum Corp.* confirmed the power of bankruptcy courts to reopen long-closed cases to interpret and enforce confirmation orders. The ruling provides important clarity for creditors, debtors, and corporate affiliates facing legacy liability disputes.

Congoleum, a flooring manufacturer burdened with tens of thousands of asbestos claims, filed for Chapter 11 protection in 2003. Its plan of reorganization was confirmed in 2010, supported by settlements with insurers. Its confirmation order expressly found that Congoleum’s former affiliate, Bath Iron Works (“BIW”), bore no responsibility for any liabilities of the Congoleum flooring business.

Years later, Occidental Chemical Corporation sued BIW seeking contribution for environmental remediation costs tied to Congoleum’s operations. BIW returned to bankruptcy court, asking it to reopen the 2003 case and enforce the prior confirmation order. The bankruptcy court granted the request, but the district court reversed. The Third Circuit reinstated the bankruptcy court’s ruling, holding that:

- Bankruptcy courts retain jurisdiction to interpret and enforce confirmation orders, even years after plan confirmation.
- Notice was sufficient. Occidental had received the plan, disclosure statement, and draft confirmation order containing the finding on BIW’s liability. This satisfied due process requirements.
- The finding was not a third-party release. Instead, it was a binding determination that BIW never inherited Congoleum’s liabilities, including environmental claims.
- Res judicata applies. Because confirmation orders are final judgments, Occidental could not relitigate BIW’s liability years later in a separate lawsuit. “Occidental was a party to the bankruptcy proceedings and had an opportunity to litigate the BIW Finding, which was a final judgment.”

There are several key takeaways for clients from the Third Circuit’s *In re Congoleum Corp.* decision:

- Finality is critical. Once entered, confirmation orders bind all creditors who had notice, even if they did not actively participate in the case.
- Legacy liabilities can be settled with certainty. Findings made in connection with plan confirmation, when properly noticed, remain enforceable long after the case is closed.
- Affiliates and related entities benefit. Where a confirmation order includes determinations about corporate affiliates, those findings can shield them from later claims.

This decision underscores the importance of careful plan drafting, diligent review of confirmation orders, and timely participation in bankruptcy proceedings. Creditors who fail to engage risk being bound by unfavorable determinations years in the future.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Chapter 11, Corporate, Courts

---

### [Wolfson Bolton Kochis Represents Suppliers in Marelli Bankruptcy](https://wolfsonbolton.com/news-updates/2025/june/wolfson-bolton-kochis-represents-suppliers-in-marelli-bankruptcy/)

**Published:** June 20, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Marelli Automotive Lighting USA LLC and many of its U.S and global affiliates filed for Chapter 11 bankruptcy protection on June 11, 2025.

Our firm is representing clients who have contracts with Marelli. The Delaware Bankruptcy Court has already entered many orders impacting supplier and vendor rights.

Please contact Scott A. Wolfson (; [248-703-1281](tel:248-703-1281)) if you need assistance navigating Marelli’s bankruptcy and maximizing your recovery.

A press release relating to Marelli’s bankruptcy filing can be found here:

**Categories:** Firm News

**Tags:** Bankruptcy, Corporate

---

### [Court of Appeals Confirms Trial Standard for Attorney Fees in Commercial Lease Disputes](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/)

**Published:** August 6, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

In *TRG Advisory, Ltd. v. M.G. Realty, LLC*, No. 367647, 2025 Mich. App. LEXIS 5571 (Ct. App. July 15, 2025), the Michigan Court of Appeals held that a post-judgment motion for attorneys’ fees under a lease was properly denied where no evidence about the attorneys’ fees had been presented at trial. A trial court “may not enter judgment on a claim that was not brought in the original action in the guise of a postjudgment proceeding.”

A jury found that the landlord had constructively evicted a commercial tenant and awarded damages. But the tenant never introduced evidence of the reasonableness of the attorney fees at trial, and the trial court denied the post-judgment motion. In affirming the trial court, the Michigan Court of Appeals explained that attorneys’ fees awarded under contractual provisions are damages, not costs, and evidence must be presented at trial because the damages should have been treated as any other damage claim.

This decision serves as an important procedural reminder for commercial litigators: claims for attorneys’ fees under a contract must be fully presented as part of the trial evidence or risk being waived. If your business is navigating a [complex lease dispute](https://wolfsonbolton.com/corporate-services/real-estate/ "Commercial Real Estate Lawyers") or preparing for [litigation](https://wolfsonbolton.com/corporate-services/litigation/ "Commercial Litigation Attorneys"), our team can provide guidance on best practices for preserving and proving damages.

**Categories:** Practice Updates

**Tags:** Corporate, Courts, Legal Alert, Litigation, Real Estate

---

### [Wolfson Bolton Kochis PLLC Guides Successful § 363 Bankruptcy Acquisition of Lonero Engineering Co., Inc.](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-pllc-guides-successful-363-bankruptcy-acquisition-of-lonero-engineering-co-inc/)

**Published:** July 24, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC served as legal counsel in the successful § 363 bankruptcy acquisition by Lonero Acquisition Company LLC of the assets of Lonero Engineering Co., Inc.

Based in Michigan, Lonero Engineering Co., Inc. specializes in precision machining solutions for complex close-tolerance applications, including tooling for deep rolling automotive crankshafts for internal combustion engines.

Wolfson Bolton Kochis provided strategic legal guidance throughout the acquisition process, enabling a favorable outcome that preserved 20 jobs. The firm worked closely with Harmon Partners, the exclusive investment banking advisor, to navigate the complexities of this transaction.

[Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/ "Peter C. Bolton") and [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/ "Anthony J. Kochis") led the legal team.

**Categories:** Firm News

**Tags:** Bankruptcy, Corporate, Legal Alert, News

---

### [Wolfson Bolton Kochis Sponsors and Participates in Annual Bankruptcy Seminar](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-sponsors-and-participates-in-annual-bankruptcy-seminar/)

**Published:** July 29, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis proudly continued its longstanding support of the Federal Bar Association’s Western District of Michigan by sponsoring and participating in the 37th Annual Honorable James D. Gregg Bankruptcy Seminar. The event, held at the scenic Mission Point Resort on Mackinac Island, brought together professionals from across the bankruptcy and insolvency field for a weekend of education and collaboration.

Attorneys **[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")**, **[Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass/ "Michelle H. Bass")**, **[Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/ "Anthony J. Kochis")**, and **[Logan T. Grizzell](https://wolfsonbolton.com/who-we-are/logan-t-grizzell/ "Logan T. Grizzell")** attended the seminar. Both Scott and Michelle were also featured speakers leading panel discussions.

- **Scott A. Wolfson** spoke on *“Advising Suppliers Pre-Bankruptcy,”* offering critical analysis of the legal and operational challenges faced by distressed automotive suppliers. His panel addressed strategies for navigating financial uncertainty and maintaining commercial stability in the face of potential insolvency.
- **Michelle H. Bass** presented on *“Elder Abuse and Senior Scams: Take the Sting Out of Catfishing and Other Scams.”* Her session addressed the increasing prevalence of financial fraud targeting seniors, providing tools for legal professionals to recognize, prevent, and respond to scams and exploitation affecting vulnerable populations.

Wolfson Bolton Kochis is honored to continue contributing to this prestigious event, reinforcing its commitment to leadership in bankruptcy law and to the professional community that surrounds it.

**Categories:** Firm News

**Tags:** Bankruptcy, Education, Leadership, News, Staff

---

### [Announcing the 2025 Wolfson Family Resilience Scholarship Recipients](https://wolfsonbolton.com/news-updates/2025/may/announcing-the-2025-wolfson-family-resilience-scholarship-recipients/)

**Published:** May 9, 2025
**Author:** wbkadmin

**Content:**

We are proud to share that four remarkable students from Westwood High School in Ishpeming, Michigan have been awarded the **2025 Wolfson Family Resilience Scholarship**, now in its 10th year.

This scholarship is a personal initiative of **[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")**, Westwood alumnus and a founding member of [Wolfson Bolton Kochis PLLC](http://wolfsonbolton.com "Wolfson Bolton Kochis PLLC"), created to honor students who demonstrate extraordinary resilience, determination, and strength in the face of adversity.

Congratulations to this year’s recipients, who each received a $1,000 award:

- Isabelle A. Marta
- Lana E. Maki
- Lexi J. Olson
- Kayla J. Etelamaki

Each of these young women has balanced academic excellence, part-time work, and personal challenges with grace and grit. [Wolfson Bolton Kochis PLLC](http://wolfsonbolton.com "Wolfson Bolton Kochis PLLC") celebrates these students’ accomplishments and Scott’s continued investment in the next generation of leaders from his hometown.

![Wolfson Family Resilience Scholarship Recipients](https://wolfsonbolton.com/wp-content/uploads/2025/05/wolfson-scholar2025.jpg "wolfson-scholar2025")(From Left to Right: Kayla Etelamaki, Isabelle Marta, Scott Wolfson, Lexi Olson)

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

 wbkadmin 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbkadmin/) [    ](https://wolfsonbolton.com/news-updates/author/wbkadmin/)

**Categories:** Firm News, People

**Tags:** Community, News, Staff

---

### [Wolfson Bolton Kochis Earns Band 1 in Chambers USA 2025; Scott A. Wolfson Also Ranked](https://wolfsonbolton.com/news-updates/2025/june/wolfson-bolton-kochis-earns-band-1-in-chambers-usa-2025-scott-a-wolfson-also-ranked/)

**Published:** June 6, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

We are proud to share that **Wolfson Bolton Kochis PLLC** has once again earned top recognition from [**Chambers and Partners**](https://www.chambers.com "Chambers and Partners"), earning a Band 1 ranking for [Bankruptcy/Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/ "Corporate Restructuring & Bankruptcy") in Michigan in the [***Chambers USA 2025*** guide](https://chambers.com/legal-guide/usa-5). The firm is one of only five law firms in Michigan to receive this highest distinction—and the only boutique firm among them.

![Chambers 2025 Rankings](https://wolfsonbolton.com/wp-content/uploads/2025/06/chambers-2025-revised-e1749212474535.png "chambers-2025-revised")Adding to this achievement, **[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")** has been ranked in Band 2 for Bankruptcy/Restructuring attorneys for the fourth consecutive year.

Chambers and Partners continues to highlight Wolfson Bolton Kochis for its strength in advising clients in restructuring matters. “Wolfson Bolton’s team is highlighted for its strength in advising clients on complex bankruptcy petitions under Chapter 7, 12 and 11. It boasts a broad client list that is comprised of receivers, boards of directors and debtors. The practitioners also offer assistance to creditors on loan workouts and forbearance agreements.”

Scott A. Wolfson, a founding member of the firm, “attracts praise for his high caliber practice in bankruptcy and restructuring matters” according to Chambers. “He represents clients in both in-court and out-of-court matters.”

Being ranked among the top firms in Michigan by Chambers and Partners, the legal industry’s most trusted resource for independent rankings, is a reflection of our team’s deep expertise, client-focused service, and dedication to excellence. We are grateful to our clients and peers for their continued trust and support.

For details on the **Chambers USA 2025 rankings** and their research methodology, visit [chambers.com](https://chambers.com/legal-guide/usa-5).

**Categories:** Firm News

**Tags:** Honors, News, Staff

---

### [Wolfson Bolton Kochis Welcomes Jason B. Puscas as Of Counsel](https://wolfsonbolton.com/news-updates/2025/june/wolfson-bolton-kochis-welcomes-jason-b-puscas-as-of-counsel/)

**Published:** June 17, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC is proud to announce that [Jason Puscas](https://wolfsonbolton.com/who-we-are/jason-puscas/ "Jason B. Puscas") has joined the firm as Of Counsel. Jason brings over 14 years of multifaceted experience in corporate law, public policy, and executive leadership, with a strong track record of guiding companies through complex legal and regulatory environments.

Jason most recently served as Chief Administrative Officer, General Counsel, and Corporate Secretary for Bollinger Motors, Inc., where he led legal strategy, compliance, corporate governance, and government affairs. His experience spans a broad spectrum of legal practice areas including contracts, employment law, risk management, intellectual property, and public-private financing. Prior to his corporate roles, Jason held key government and legislative positions, where he helped shape policy and economic development initiatives across Michigan’s mobility and automotive sectors.

Known for his practical, solutions-oriented approach, Jason combines legal acumen with business strategy to help clients achieve their goals while managing risk. He is a respected communicator, team leader, and advisor—equally at home in the boardroom, the legislature, or the courtroom.

We are thrilled to welcome Jason to our team and know that his diverse experience and collaborative spirit will be a tremendous asset to our clients and our firm.

**Categories:** Firm News

**Tags:** Corporate, Firm News, News, Staff

---

### [The Corporate Transparency Act, as of May 2025](https://wolfsonbolton.com/news-updates/2025/may/the-corporate-transparency-act-as-of-may-2025/)

**Published:** May 28, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

On January 31, 2025, President Trump issued Executive Order 14192, *Unleashing Prosperity Through Deregulation*, which announced an Administration policy “to significantly reduce the private expenditures required to comply with Federal regulations to secure America’s economic prosperity and national security and the highest possible quality of life for each citizen” and “to alleviate unnecessary regulatory burdens placed on the American people.”

In line with this policy, on March 26, 2025, the Department of Treasury issued an interim final rule under the Corporate Transparency Act (CTA) that significantly narrows the scope of beneficial ownership information (BOI) reporting requirements. Specifically, the rule limits BOI reporting to only “foreign reporting companies” and non-U.S.-person beneficial owners. This interim final rule removes all “domestic reporting companies” and U.S. persons from the scope of BOI reporting under the CTA.

In issuing the interim final rule, the Secretary of the Treasury considered alternative sources of information to mitigate illicit finance risks, such as the continuing requirement for covered financial institutions to collect a legal entity customer’s BOI at the time of account opening. Notably, this interim final rule does not impose any new obligations but rather exempts domestic reporting companies and U.S. persons who are beneficial owners of foreign reporting companies from the CTA reporting requirements.

The public comment period for the interim final rule ended on May 27, 2025. A final rule is expected to be issued by the Department of Treasury before year end.

Attorneys at Wolfson Bolton Kochis PLLC continue to closely monitor developments related to the CTA’s implementation. Please contact [Amy H. Smith](https://wolfsonbolton.com/who-we-are/amy-h-smith/) () for more information.

**Categories:** Practice Updates

**Tags:** Corporate, Courts, Legal Alert

---

### [Michelle Bass Featured in Bloomberg Law on Student Loan Bankruptcy Impact](https://wolfsonbolton.com/news-updates/2025/may/michelle-bass-featured-in-bloomberg-law-on-student-loan-bankruptcy-impact/)

**Published:** May 7, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC is proud to share that Michelle Bass, our Consumer Bankruptcy practice lead, was recently featured in *Bloomberg Law* discussing the rising impact of student loan collections on bankruptcy filings. As federal student loan collections resume after a multi-year pause, millions of Americans could soon face wage garnishments, tax refund seizures, and renewed financial pressure. For many, bankruptcy may become a last resort—and a critical legal tool.

Michelle’s inclusion in this national coverage highlights her depth of experience in consumer bankruptcy law and her commitment to helping clients navigate complex financial challenges. As the legal community and government agencies prepare for a possible surge in filings, her insight will continue to guide both clients and peers through these changing times.

You can read the full article on *Bloomberg Law* here:

**Categories:** Firm News, People

**Tags:** Bankruptcy, Consumer Bankruptcy, Debt Relief, News, Staff

---

### [Scott A. Wolfson Joins National Arbitration and Mediation (NAM) as Hearing Officer](https://wolfsonbolton.com/news-updates/2025/april/scott-a-wolfson-joins-national-arbitration-and-mediation-nam-as-hearing-officer/)

**Published:** April 14, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson joins National Arbitration and Mediation](https://wolfsonbolton.com/wp-content/uploads/2025/04/wolfson-nam-e1744631294292.png "wolfson-nam")Wolfson Bolton Kochis PLLC is pleased to announce that **[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson")** has joined **[NAM (National Arbitration and Mediation)](http://www.namadr.com/ "NAM (National Arbitration and Mediation)")** as a Hearing Officer. In this role, Scott will be available to arbitrate and mediate cases throughout Michigan as part of NAM’s esteemed panel of neutrals. His extensive experience in complex commercial litigation, bankruptcy and restructuring, and business disputes positions him well to support parties seeking efficient, fair, and expert resolution of their legal matters.

NAM is one of the nation’s leading full-service providers of Alternative Dispute Resolution (ADR) services. The organization supports clients throughout the U.S. and in major cities around the world through a highly secure suite of onsite, virtual, and hybrid forums. NAM is recognized for its superb customer service, market-leading technology, and an exceptional panel of arbitrators and mediators.

Throughout its more than 30-year history, NAM has consistently earned prominent awards and recognitions. It has developed a strong reputation for helping resolve disputes efficiently and effectively outside of the courtroom. NAM currently works with more than 10,000 commercial entities, including over 50 percent of the Fortune 100 companies.

To learn more, visit: [www.namadr.com](http://www.namadr.com)

**Categories:** Firm News, People

**Tags:** ADR, Corporate, Leadership, News, Staff

---

### [Supreme Court Holds Statutory Waiver of Sovereign Immunity is Jurisdictional, Resolving Circuit Split](https://wolfsonbolton.com/news-updates/2025/april/supreme-court-holds-statutory-waiver-of-sovereign-immunity-is-jurisdictional-resolving-circuit-split/)

**Published:** April 6, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

The Supreme Court recently held in *United States v. Miller*, 23-824 (Sup. Ct. March 26, 2025), that the waiver of sovereign immunity under 11 U.S.C. § 106(a) is jurisdictional, thereby limiting potential causes of action against governmental units.

The case involves a failing Utah-based company that transferred roughly $145,000 to the IRS in 2014 to pay the income tax liability of its owners. The corporation filed for bankruptcy three years later, causing those funds transferred in 2014 to be beyond the reach of a typical avoidable transfer action. The Chapter 7 trustee sued the IRS under §544(b)(1), which permits a trustee to avoid a transfer by a debtor that would be avoidable under applicable law by an actual creditor holding an allowed unsecured claim. In bringing his suit, the trustee cited Utah’s fraudulent transfer act.

The IRS conceded that the company was insolvent at the time and received no value in return, satisfying the elements of a constructive fraudulent transfer. However, it argued that the claim would be barred by sovereign immunity if brought outside the bankruptcy context. Both the bankruptcy court and the Tenth Circuit sided with the trustee, holding that § 106(a)’s waiver of sovereign immunity was broad enough to encompass the trustee’s claim under § 544(b)(1).

The Supreme Court reversed, finding that although § 106(a) waives the government’s immunity for federal causes of action under certain Bankruptcy Code provisions—including § 544(b)—it does not extend that waiver to the state-law claims upon which such avoidance actions are based. Where an actual unsecured creditor could not sue the IRS under Utah law due to sovereign immunity, the trustee, stepping into that creditor’s shoes, likewise could not prevail.

*United States v. Miller* underscores the narrow interpretation of sovereign immunity waivers in bankruptcy proceedings, particularly where avoidance powers are constrained by the rights of actual creditors under applicable non-bankruptcy law. This decision is significant for debtors, creditors, trustees and practitioners considering the impact of potential claims against government entities in bankruptcy matters.

Wolfson Bolton Kochis attorneys have significant experience in complex [bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/ "Corporate Restructuring & Bankruptcy") and [commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/ "Commercial Litigation Attorneys") cases. Contact us to discuss how we can help you navigate your toughest legal challenges.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Courts, Legal Alert

---

### [Michigan Supreme Court: Good Faith Covenant Cannot Override Clear Contract Terms](https://wolfsonbolton.com/news-updates/2025/april/michigan-supreme-court-good-faith-covenant-cannot-override-clear-contract-terms/)

**Published:** April 9, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

A unanimous Michigan Supreme Court held in *Kircher v. Boyne USA, Inc*. (Docket No. 166459, March 27, 2025) that the implied covenant of good faith and fair dealing neither overrides nor replaces any express contractual term. The court also reaffirmed that there is no independent cause of action for breach of the implied covenant of good faith and fair dealing in Michigan.

In *Kircher*, plaintiff and defendants agreed to use a formula to calculate the redemption price of plaintiff’s stock shares in a company. After that formula produced a negative redemption price, plaintiff sued defendants alleging that defendants refused to use an alternative formula in breach of the parties’ contract. The court held that the implied covenant of good faith and fair dealing could not sustain plaintiff’s claim, reversing the Court of Appeals.

The parties agreed to use a negotiated formula that unambiguously tied plaintiff’s redemption price to the company’s EBITDA and debt. Because the parties “unmistakably expressed their respective rights” regarding the redemption price calculation, the Court of Appeals erred by holding that defendants were contractually obligated to use a different formula under the implied covenant of good faith and fair dealing.

Litigants often attempt to use the covenant of good faith as a sword when they feel they have been treated unfairly despite a contract’s clear terms. *Kircher* further armors a contract’s unambiguous terms from such an attack and solidifies Michigan’s longstanding position that the implied covenant of good faith and fair dealing is not an independent claim and cannot be used to rewrite a contract.

Attorneys at Wolfson Bolton Kochis PLLC have extensive experience handling complex [contract litigation](https://wolfsonbolton.com/corporate-services/litigation/ "Commercial Litigation Attorneys") across numerous industries. We can help you:

- Draft and negotiate contracts with clear, enforceable terms;
- Resolve disputes involving express and implied contract obligations;
- Defend your business in litigation over unfairness or bad faith claims; and
- Protect your contractual rights in court.

If you have concerns about how this ruling might impact your agreements—or if you’re facing a contractual dispute—reach out to the team at Wolfson Bolton Kochis PLLC. We’re here to protect your rights and help you enforce what your contracts clearly say.

**Categories:** Practice Updates

**Tags:** Corporate, Courts, Legal Alert

---

### [Illinois Bankruptcy Court Holds Pre-Petition Waivers of Automatic Stay Per Se Unenforceable.](https://wolfsonbolton.com/news-updates/2025/march/illinois-bankruptcy-court-holds-pre-petition-waivers-of-automatic-stay-per-se-unenforceable/)

**Published:** March 11, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

In *In re DJK Enterprises LLC*, 24-60126 (Bankr. S.D. Ill. Feb. 13, 2025), the Bankruptcy Court for the Southern District of Illinois held that pre-petition waivers of the automatic stay are per se unenforceable, rejecting an attempt by a secured creditor to enforce such a waiver against the debtor.

Before filing for bankruptcy, DJK Enterprises LLC (DJK) entered into a forbearance agreement with its primary secured creditor, Effingham Asset Funding (Lender). As part of the agreement, DJK expressly waived its right to invoke the automatic stay in any future bankruptcy proceeding. When DJK later filed for Chapter 11 relief, Lender moved for relief from the stay, relying on the pre-petition waiver in the forbearance agreement to assert that the stay should not apply.

The Court unequivocally rejected the enforceability of pre-petition stay waivers as a matter of law, reasoning that such waivers violate the fundamental policies of the Bankruptcy Code. Relying on the decision in *In the Matter of Pease*, 195 B.R. 431 (Bankr. D. Neb. 1996), the Court outlined three key reasons why pre-petition waivers are unenforceable: (1) the debtors did not have the capacity to act on behalf of the debtor in possession; (2) the waiver would limit the effectiveness of certain bankruptcy provisions such as §§ 363 365, 541; and (3) the Bankruptcy Code extinguishes the private right to freedom to contract around its essential provisions. The Court concluded that adopting a per se rule with respect to the enforceability of pre-petition stay waivers is the approach that “best protects the rights and interests of the debtor-in-possession and *all* creditors under the Bankruptcy Code—not just those of the creditor asserting the waiver.”

After considering Lender’s remaining arguments, the Court determined that no other grounds existed to justify modifying the automatic stay.

The decision reinforces that the automatic stay is an indispensable feature of bankruptcy law and serves as a warning to creditors attempting to contract around its protections.

Wolfson Bolton Kochis attorneys have significant experience in [complex bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/ "Corporate Restructuring & Bankruptcy") and [commercial litigation ](https://wolfsonbolton.com/corporate-services/litigation/ "Commercial Litigation Attorneys")cases. Trust our seasoned attorneys to navigate your toughest legal challenges with precision and results.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Corporate, Courts, Legal Alert

---

### [FinCEN Pauses Corporate Transparency Act Enforcement](https://wolfsonbolton.com/news-updates/2025/march/fincen-pauses-corporate-transparency-act-enforcement/)

**Published:** March 3, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

On February 27, 2025, the Financial Crimes Enforcement Network (FinCEN) announced that it will not impose any fines, penalties, or other enforcement actions against reporting companies that fail to meet current deadlines for filing or updating beneficial ownership information (BOI) reports under the Corporate Transparency Act (CTA).

FinCEN intends to issue an interim final rule by March 21, 2025, extending BOI reporting deadlines. It also plans to solicit public comment on potential revisions to existing reporting requirements. These revisions will be considered as part of a forthcoming notice of proposed rulemaking aimed at reducing compliance burdens for small businesses while prioritizing BOI reporting for entities posing the highest law enforcement and national security risks.

Attorneys at Wolfson Bolton Kochis PLLC continue to closely monitor developments related to the CTA’s implementation. Please contact [Amy H. Smith](https://wolfsonbolton.com/who-we-are/amy-h-smith/) () for more information.

**Categories:** Practice Updates

**Tags:** Corporate, Legal Alert, News

---

### [Corporate Transparency Act Reinstated (Again); FinCEN Extends Reporting Deadlines](https://wolfsonbolton.com/news-updates/2025/february/corporate-transparency-act-reinstated-again-fincen-extends-reporting-deadlines/)

**Published:** February 21, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

On February 18, 2025, the U.S. District Court for the Eastern District of Texas stayed the nationwide preliminary injunction against the Corporate Transparency Act (CTA) that it had previously issued in *Smith, et al. v. United States Department of the Treasury, et al.* As a result, the reporting requirements of the CTA are once again in effect. In response to this ruling, the Financial Crimes Enforcement Network (FinCEN) has extended the reporting deadline for the vast majority of reporting companies to March 21, 2025.

FinCEN has also indicated that it may further adjust deadlines, prioritizing reporting for those entities that pose the most significant national security risks. Additionally, Congress is currently considering two bills that would extend the deadline for entities formed before January 1, 2024, to comply with the CTA to January 1, 2026. Given the ongoing uncertainty surrounding the CTA, we recommend that reporting companies prepare to make their CTA filings on or before the current March 21 deadline.

Attorneys at Wolfson Bolton Kochis PLLC are closely monitoring developments related to the CTA’s implementation and are available to assist with CTA compliance. Please contact [Amy H. Smith](https://wolfsonbolton.com/who-we-are/amy-h-smith/) () for more information.

**Categories:** Practice Updates

**Tags:** Corporate, Courts, Legal Alert

---

### [Wolfson Bolton Kochis Objects to Confirmation of Heritage Collegiate Apparel Bankruptcy Plan](https://wolfsonbolton.com/news-updates/2025/february/wolfson-bolton-kochis-objects-to-confirmation-of-heritage-collegiate-apparel-bankruptcy-plan/)

**Published:** February 20, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC, on behalf of its client, The Heritage Collegiate Apparel, Inc. Unsecured Creditors’ Committee, has objected to confirmation of the proposed bankruptcy plan of Heritage Collegiate Apparel, Inc. f/k/a M-Den, Inc. d/b/a The M Den. [You can read the Objection here](https://wolfsonbolton.com/wp-content/uploads/2025/02/242-Committees-Objection-to-Confirmation-of-Second-Amended-Combined-Plan-4934-7600-4635-v.1.pdf).

A summary of the Objection from its Introduction follows:

The Plan cannot be confirmed for numerous reasons, most notably for the proposed extensive post-confirmation role it provides for the Debtor (as a duplicate fiduciary – in addition to the Liquidation Trustee) and its failure to sufficiently disclose the continued involvement of Scott Hirth, his affiliations, and his numerous conflicts of interest. Debtor’s responsibilities under the Plan would include distribution of in excess of $9m of remaining Sale Proceeds, as well as full authority with respect to all Claims and Interests other than those held by non-priority Unsecured Creditors.

Not only is Hirth wildly conflicted for the proposed role, but his pre- and post-petition management failures show he is unfit to administer the Plan and may be subject to claims by the Liquidation Trust. The Plan would allow Hirth to continue to run point on a secured loan and Merchant Cash Advance “mess” he likely intentionally created. This includes Hirth causing Debtor to receive over $42,000,000 of inflows from at least 97 different MCA lenders (though Hirth initially represented there were only two such loans), and outflows of $75,000,000. Worse yet, Hirth cannot be a disinterested fiduciary for his proposed role when he personally guaranteed most of Debtor’s secured debt and the majority, if not all, of the MCA debt.

Debtor’s accounting “system,” if it can be called one, is incomplete and confusing. Accounting controls appear virtually non-existent. The Committee’s examination of Debtor’s bank statements showed approximately 1,700 “Not Sufficient Funds” transactions totaling around $33,000,000 by Debtor on Hirth’s watch.

Hirth ran the Debtor with, at times, breathtaking incompetence. He gave alleged creditors – whose names he did not always know – Debtor’s corporate credit card to charge over $100k of luxury goods which were not properly accounted for by the Debtor.

The record makes clear that the Debtor, through Hirth, is not qualified to control estate affairs in any way post-confirmation, especially with respect to the MCA debacle he created and initially hid. There would be no benefit to the estate to keep an insider in charge of a significant liquidation and claim process, particularly this insider who plunged the Debtor into financial chaos. There should be only one fiduciary going forward. Neither creditors nor public policy would be served by permitting continued Debtor involvement with respect to any matters. Debtor’s creditors have long deserved better.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Corporate, Courts

---

### [Michigan Federal Judge Holds Automatic Stay Does Not Apply to Non-Debtor, Trumping Texas Bankruptcy Court](https://wolfsonbolton.com/news-updates/2025/february/michigan-federal-judge-holds-automatic-stay-does-not-apply-to-non-debtor-trumping-texas-bankruptcy-court/)

**Published:** February 11, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

In *Levitan v. Maclean*, Case No. 23-12439 (E.D. Mich. Dec. 4, 2024), a magistrate judge of United States District Court for the Eastern District of Michigan refused to enforce an automatic stay order of the Bankruptcy Court for the Southern District of Texas because it extended the stay to non-debtors. Under section 362 of the Bankruptcy Code, the filing of a debtor’s bankruptcy petition automatically stays all actions against the debtor and further operates as an injunction barring new lawsuits against the debtor. A person who violates the automatic stay may be ordered to pay the debtor’s damages or sanctioned.

In *Levitan*, the plaintiff filed a civil rights action against an employee of the debtor company that was in bankruptcy in Texas. The Texas bankruptcy court’s automatic stay order stated that it applied to non-debtor defendants under section 362 of the Bankruptcy Code. The employee of the debtor sought dismissal of the case against him in Michigan on the ground that the Texas bankruptcy court’s order barred the action.

Some bankruptcy courts have adopted the “unusual circumstances test,” which extends the automatic stay to non-debtors in *unusual circumstances*, such as where the debtor and the nonbankrupt party are closely related or the stay contributes to the debtor’s reorganization. The Sixth Circuit, however, has cautioned against extending the automatic stay to non-debtors and held that such extensions must be done through a preliminary injunction. Unlike the automatic stay, a preliminary injunction is issued pursuant to a bankruptcy court’s equitable powers under Bankruptcy Code section 105(a). Before issuing a preliminary injunction, a court must consider four factors: (1) the likelihood of success on the merits, (2) the danger of irreparable injury, (3) whether the potential irreparable injury outweighs the harm to the non-debtors, and (4) the public interest.

The Michigan district court held that, because the Texas bankruptcy court’s order was not a preliminary injunction (and did not consider the factors required for issuing one), it did not operate as a stay against the non-debtor defendant. Accordingly, the Michigan district court permitted the lawsuit to proceed against the employee despite the automatic stay remaining in effect against his employer.

Wolfson Bolton Kochis attorneys have significant experience in [complex bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/ "Corporate Restructuring & Bankruptcy") and [commercial litigation ](https://wolfsonbolton.com/corporate-services/litigation/ "Commercial Litigation Attorneys")cases. Trust our seasoned attorneys to navigate your toughest legal challenges with precision and results.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Corporate, Courts, Legal Alert

---

### [Stephanie Travis named to 2024 Unsung Heroes List](https://wolfsonbolton.com/news-updates/2025/february/stephanie-travis-named-to-2024-unsung-heroes-list/)

**Published:** February 5, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is pleased to announce that **[Stephanie K. Travis](https://wolfsonbolton.com/who-we-are/stephanie-k-travis/ "Stephanie K. Travis")** was named as one of 28 law firm employees selected to the ***Michigan Lawyers Weekly*** “Unsung Heroes” Class of 2024.

Honorees are recognized for consistently going above and beyond the call of duty, often behind the scenes. The list is reserved for the state’s most talented and dedicated legal support professionals, from firm administrators to legal marketing to paralegals.

This year’s recipients were featured in a special edition in Michigan Lawyers Weekly’s daily alerts. Stephanie’s individual feature can be [found here](https://wolfsonbolton.com/wp-content/uploads/2025/02/Stephanie-Travis-003.pdf "found here").

[View the entire 2024 “Unsung Heroes” List](https://milawyersweekly.com/news/2025/01/30/milw-announces-its-2024-unsung-heroes/)

**Categories:** Firm News

**Tags:** Firm News, Honors, News, Staff

---

### [Wolfson Bolton Kochis PLLC Guides Successful § 363 Bankruptcy Sale of Wrena, LLC](https://wolfsonbolton.com/news-updates/2025/january/wolfson-bolton-kochis-pllc-guides-successful-363-bankruptcy-sale-of-wrena-llc/)

**Published:** January 21, 2025
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC served as legal counsel in the successful § 363 Bankruptcy Sale of Wrena, LLC’s assets to Angstrom Metal Stampings, LLC. Despite its profitability, Wrena sought Chapter 11 Bankruptcy protection to address litigation-related liabilities.

Based in Ohio, Wrena, LLC specialized in stamped metal products for the automotive industry and employed approximately 50 professionals. The sale ensures business continuity, as Angstrom Metal Stampings has committed to retaining the workforce and maintaining operations at the Ohio facility.

Wolfson Bolton Kochis provided strategic legal guidance throughout the Chapter 11 and sale process, enabling a favorable outcome that preserves jobs and benefits Wrena’s stakeholders. The firm worked closely with [Cascade Partners](https://cascade-partners.com/), the exclusive investment banking advisor, to navigate the complexities of this transaction.

[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson"), [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/ "Anthony J. Kochis"), and [Amy H. Smith](https://wolfsonbolton.com/who-we-are/amy-h-smith/ "Amy H. Smith") led the legal team.

**Categories:** Practice Updates

**Tags:** Automotive, Chapter 11, Clients, Corporate

---

### [Whiplash Continues on Corporate Transparency Act; Injunction Reinstated](https://wolfsonbolton.com/news-updates/2024/december/whiplash-continues-on-corporate-transparency-act-injunction-reinstated/)

**Published:** December 27, 2024
**Author:** wbkadmin

**Content:**

On December 26, 2024, the Fifth Circuit Court of Appeals vacated its December 23 stay of the nationwide preliminary injunction issued by a Texas district court against the Corporate Transparency Act (CTA), effectively reinstating the injunction. As a result, CTA compliance is currently voluntary.

The Court stated: “\[I\]n order to preserve the constitutional status quo while the merits panel considers the parties’ weighty substantive arguments, that part of the motions-panel order granting the Government’s motion to stay the district court’s preliminary injunction enjoining enforcement of the CTA and the Reporting Rule is VACATED.”

At this point, reporting companies have three options: (1) prepare and file their CTA reports despite the injunction, (2) prepare their CTA reports but hold off on filing, or (3) pause CTA compliance efforts altogether. Given the ongoing uncertainty surrounding the CTA, we recommend that reporting companies prepare their CTA reports but hold off on filing. This approach ensures that they are ready to file promptly if the Fifth Circuit ultimately upholds the CTA’s constitutionality.

Attorneys at Wolfson Bolton Kochis PLLC are available to assist with CTA compliance. Please contact [Amy H. Smith](https://wolfsonbolton.com/who-we-are/amy-h-smith/) () for more information.

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**Categories:** Practice Updates

---

### [Fifth Circuit Lifts Injunction on Corporate Transparency Act; FinCEN Extends Reporting Deadlines](https://wolfsonbolton.com/news-updates/2024/december/fifth-circuit-lifts-injunction-on-corporate-transparency-act-fincen-extends-reporting-deadlines/)

**Published:** December 24, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

On December 23, 2024, the Fifth Circuit Court of Appeals stayed the nationwide preliminary injunction issued by a Texas district court against the Corporate Transparency Act (CTA), reinstating the CTA and its January 1, 2025 deadline for filing of beneficial ownership information (BOI) reports by reporting companies formed prior to January 1, 2024.

In response to the timing of the ruling and the approaching deadline, the Financial Crimes Enforcement Network (FinCEN) has extended the reporting deadlines as follows:

- For reporting companies formed before January 1, 2024: These companies now have until January 13, 2025, to file their BOI reports (extended from the original January 1, 2025 deadline).
- For reporting companies formed on or after September 4, 2024: These companies which had a filing deadline between December 3, 2024 and December 23, 2024 have until January 13, 2025 to file their BOI reports.
- For reporting companies formed between December 3, 2024 and December 23, 2024: These companies are granted an additional 21 days from their original filing deadline to file their BOI reports.
- For reporting companies eligible for disaster relief: These companies may have extended deadlines that fall beyond January 13, 2025. In such cases, they should adhere to the later applicable deadline.
- For reporting companies formed on or after January 1, 2025: These companies must file their BOI reports within 30 days of receiving actual or public notice that their formation is effective.

Attorneys at Wolfson Bolton Kochis PLLC are available to assist with CTA compliance. Please contact [Amy H. Smith](https://wolfsonbolton.com/who-we-are/amy-h-smith/) () for more information.

**Categories:** Practice Updates

---

### [Sixth Circuit Reinforces the Importance of Prompt Objections in Bankruptcy Proceedings](https://wolfsonbolton.com/news-updates/2024/december/even-a-blatant-misrepresentation-will-not-save-a-challenger-that-fails-to-timely-object-in-bankruptcy-proceedings/)

**Published:** December 9, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

**Even a ‘Blatant Misrepresentation’ Will Not Save a Challenger That Fails to Timely Object in Bankruptcy Proceedings**

In the case of *In re Cambrian Holding Company, Inc.*, 110 F.4th 889 (6th Cir. 2024), the Sixth Circuit Court of Appeals considered a dispute regarding a coal mining lease that was assigned during Cambrian’s bankruptcy proceedings. In its Chapter 11 case, Cambrian sold to American Resources Corporation (“ARC”) its interest in a coal mining lease on land owned by Hazard Coal Corporation (“Hazard”). In connection with its purchase, ARC represented and warranted that it could obtain the necessary mining permits. Based in part on this warranty, the bankruptcy court approved the lease assignment to ARC as a “good faith purchaser” under 11 U.S.C. § 363(m). Hazard did not object to the assignment or appeal the sale order. It was later learned that government authorities had blocked ARC from obtaining a coal mining permit, and that both ARC and Cambria were aware of that fact at all relevant times during the sale process. Upon discovering the misrepresentation, Hazard challenged the assignment by attacking the sale order. The bankruptcy court for the Eastern District of Kentucky denied its challenge because Hazard failed to object during the initial proceedings and had not appealed the sale order.

Hazard then pursued legal action in a suit outside of the bankruptcy case, which prompted ARC to return to the bankruptcy court seeking a declaration that the lease assignment was valid. The bankruptcy court agreed and issued the declaration, and Hazard’s appeal followed. The Sixth Circuit, applying an “abuse of discretion” standard, affirmed the bankruptcy court’s decision, holding that Hazard was estopped from challenging the assignment to ARC due to its failure to promptly protect its rights by timely appealing or objecting to the bankruptcy court’s approval of the assignment. Despite recognizing ARC’s “seemingly blatant misrepresentation,” the Sixth Circuit gave significant deference to the bankruptcy court because of its proximity to the events surrounding the assignment. As this ruling makes clear, even in cases involving misrepresentations, it is extremely important to timely object in bankruptcy proceedings, especially considering the protections given to purchasers under § 363(m) of the Bankruptcy Code.

Attorneys at [Wolfson Bolton Kochis PLLC](https://wolfsonbolton.com/) are well versed in protecting the rights of parties in bankruptcy proceedings. Please contact [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson") () for more information.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Corporate, Courts, Legal Alert

---

### [Corporate Transparency Act Temporarily Blocked Nationwide](https://wolfsonbolton.com/news-updates/2024/december/corporate-transparency-act-temporarily-blocked-nationwide/)

**Published:** December 4, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

On December 3, 2024, in the case of *Texas Top Cop Shop, Inc. et al. v. Merrick Garland, Attorney General of the United States*, the U.S. District Court for the Eastern District of Texas issued a preliminary nationwide injunction which temporarily halts enforcement of the Corporate Transparency Act (CTA) and its upcoming January 1, 2025 reporting deadline. As a result, reporting companies are not currently required to meet the CTA’s January 1, 2025 reporting deadline, pending further developments in the case.

The Court stated: “\[T\]he CTA, 31 U.S.C. § 5336 is hereby enjoined. Enforcement of the Reporting Rule, 31 C.F.R. 1010.380 is also hereby enjoined, and the compliance deadline is stayed under § 705 of the APA. Neither may be enforced, and reporting companies need not comply with the CTA’s January 1, 2025, BOI reporting deadline pending further order of the Court.”

Attorneys at Wolfson Bolton Kochis PLLC continue to monitor developments regarding the CTA’s implementation. Please contact [Amy H. Smith](https://wolfsonbolton.com/who-we-are/amy-h-smith/ "Amy H. Smith") () for more information.

**Categories:** Practice Updates

---

### [Bass & Wolfson Named to DBusiness 2025 Top Lawyers List](https://wolfsonbolton.com/news-updates/2024/november/bass-wolfson-named-to-dbusiness-2025-top-lawyers-list/)

**Published:** November 19, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

![Michelle Bass & Scott Wolfson named to DBusiness 2025 Top Lawyer List](https://wolfsonbolton.com/wp-content/uploads/2024/11/dbiz-2025.jpg "dbiz-2025")

Wolfson Bolton Kochis PLLC is pleased to announce that [Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass/ "Michelle H. Bass") and [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson") were both included in *DBusiness* magazine’s 2025 Top Lawyers list in the category of Bankruptcy & Creditor/Debtor Rights Law. *DBusiness’* Top Lawyers list is based on a select peer-review survey open to all area lawyers and the votes were cast honoring excellence in several practice areas.

For more information and to view the magazine issue, visit [November/December 2024 – *DBusines*](https://www.dbusiness.com/ "November/December 2024 – DBusines")[*s*](https://www.dbusiness.com/ "ovember/December 2024 – DBusiness").

**Categories:** Firm News, People

**Tags:** Honors, News, Staff

---

### [Two Recent Delaware Opinions Rule on Preference Litigation Issues](https://wolfsonbolton.com/news-updates/2024/november/two-recent-delaware-opinions-rule-on-preference-litigation-issues/)

**Published:** November 15, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

Preferences are payments that favor certain creditors over others. A debtor in bankruptcy has special powers to recover preferential transfers the debtor made within 90 days of bankruptcy, which recoveries become part of the debtor’s bankruptcy estate for distribution under the Bankruptcy Code’s priority scheme. A number of defenses are available to the recipient of a transfer alleged to be preferential. Two recent bankruptcy opinions from Delaware addressed preference defense issues.

The first relates to the “ordinary course of business” defense. In ***FI Liquidating Trust v. The Terminix International Company Limited Partnership***, Adv. Proc. No. 23-1233 (October 29, 2024), the Delaware District Court held that the Bankruptcy Court erred by relying solely on the standard deviation method without considering other relevant ordinary course of business factors under Section 547(c)(2) of the Bankruptcy Code. The District Court held that this statistical approach, without expert support or consideration of the non-normal data distribution, was insufficient to establish an “ordinary course of business.”

The second is ***Official Committee of Unsecured Creditors v. Nimble Gravity, LLC***, Adv. Proc. No. 24-50048 (October 30, 2024), where the Delaware Bankruptcy Court denied a motion to dismiss for failure to state a claim, holding that the complaint met the necessary pleading requirements. The Court found that the Committee had sufficiently alleged the “nature and amount” of each antecedent debt and provided enough detail to put the defendant on notice. The Committee also fulfilled the requirement of conducting “reasonable due diligence” into the defendant’s potential defenses by reviewing records and requesting information from the defendant. Further, the Court ruled that the Committee’s alternative claim of constructive fraud was adequately pled, as it did not need to meet the heightened pleading standard required for actual fraud.

Attorneys at [Wolfson Bolton Kochis PLLC](https://wolfsonbolton.com/ "HOME") are well versed in defending preferential transfer litigation. Please contact [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/ "Anthony J. Kochis") ([akochis@wolfsonbolton.com](mailto:akochis@wolfsonbolton.com "mailto:akochis@wolfsonbolton.com")) for more information on minimizing your exposure to a debtor.

**Categories:** Practice Updates

**Tags:** Corporate, Courts, Legal Alert, Litigation

---

### [Wolfson Bolton Kochis Earns Tier 1 Rankings in the 15th Edition of Best Lawyers® “Best Law Firms” List](https://wolfsonbolton.com/news-updates/2024/november/wolfson-bolton-kochis-earns-tier-1-rankings-in-the-15th-edition-of-best-lawyers-best-law-firms-list/)

**Published:** November 7, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is proud to announce that the firm has received Metropolitan Tier 1 Rankings in four categories in the 15th Edition of Best Lawyers® “Best Law Firms” list for 2025 in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation – Bankruptcy, Commercial Litigation, and Real Estate Law. Wolfson Bolton Kochis also received a Metropolitan Tier 2 Ranking in Corporate Law.

Firms included in the 15th Edition of Best Lawyers® “Best Law Firms” list are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes 5% of lawyers practicing in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

Learn more about Best Lawyers® “Best Law Firms” list, please visit: [Best Law Firms in the United States | Best Law Firms USA](https://www.bestlawfirms.com/united-states)

**Categories:** Firm News

**Tags:** Honors, News

---

### [NCAA Football Player’s Bankruptcy Highlights Importance of Dischargeability Considerations](https://wolfsonbolton.com/news-updates/2024/october/ncaa-football-players-bankruptcy-highlights-importance-of-dischargeability-considerations/)

**Published:** October 15, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

Shilo Sanders – son of former NFL star and current NCAA football coach for the University of Colorado, Deion Sanders – filed for chapter 7 bankruptcy on October 23, 2023 in the [United States Bankruptcy Court for the District of Colorado](https://www.cob.uscourts.gov/). Sanders’ primary motivation in seeking bankruptcy relief was to discharge an $11.89 million judgment against him in a case brought by a security guard Sanders assaulted in 2015.

Sanders’ ability to obtain a discharge in bankruptcy hinges on three key factors: 1. Whether Sanders’ statements in his bankruptcy schedules may be perceived by the court as knowingly false; 2. Whether his filing the case may be perceived by the court as an abuse of the Bankruptcy Code; and 3. Whether the court finds that the judgment debt itself may be excluded from discharge.

Sanders is known to have received significant earnings through major sponsorship deals following the NCAA’s 2021 decision to allow student-athletes to profit off their name, image, and likeness (“NIL”). The chapter 7 trustee appointed to administer Sanders’ case is currently investigating whether he has truthfully made all required disclosures in his bankruptcy filing, particularly as it relates to income earned from NIL deals.

Additionally, the security guard has filed an adversary proceeding challenging Sanders’ ability to discharge the debt arising from what he alleges was a willful and malicious assault. Although the Bankruptcy Code is intended to give debtors a fresh start, it excludes “certain categories of debts from a debtor’s discharge based on a debtor’s unacceptable conduct, such as dishonesty, fraud, or intentional injury.” Perry v. Judge (In re Judge), 630 B.R. 338, 344 (B.A.P. 10th Cir. 2021). One category not subject to discharge is a debt arising from “willful and malicious injury by the debtor to another entity or to the property of another entity.” 11 U.S.C. § 523(a)(6). Discharge may also be withheld or revoked from a debtor who makes a false statement in connection with their bankruptcy case, such as misrepresenting their scheduled income. 11 U.S.C. § 727(a)(4).

The Sanders case highlights the importance of a debtor making complete and accurate disclosures. It is also a reminder that some debts may not be discharged in bankruptcy. The experienced insolvency professionals at [Wolfson Bolton Kochis PLLC](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/) represent both debtors and creditors in developing and implementing case strategies to discharge or protect judgment debts in bankruptcy.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Chapter 7, Courts, Legal Alert, News

---

### [Deadline Extended: Michigan Marketable Record Title Act Extends Deadline to Protect Property Interests](https://wolfsonbolton.com/news-updates/2024/september/deadline-extended-michigan-marketable-title-act-extends-deadline-to-protect-property-interests/)

**Published:** September 30, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

In a previous update, we noted that the Michigan Marketable Record Title Act (“MRTA”) set a March 29, 2024 deadline for property owners to take action to preserve certain restrictive covenants and use restrictions that originated more than 40 years ago.

The Michigan legislature, however, again amended the MRTA to extend the deadline to record notices that comply with the new requirements in the 2018 amendment from March 29, 2024 to September 29, 2025, giving property owners additional time to act. The amendment is located at [2024-PA-0020.pdf](https://www.legislature.mi.gov/documents/2023-2024/publicact/pdf/2024-PA-0020.pdf) (mi.gov).

The following rationale was provided for the extension:

**RATIONALE**: The bill extended the sunset for preserving existing mineral or other property interests in a marketable record title. According to testimony before the Senate Committee on Local Government, stakeholders have tried to extend the sunset since 2020 while they work on changes to Public Act (PA) 200 of 1945. Without first extending the sunset from March 29, 2024, to September 29, 2025, the date would have passed and real property interests including easements, restrictions, and agreements to maintain roads or storm drains could have been lost. Accordingly, it was suggested that the sunset be extended to allow more time for stakeholders to modify the Act. [2023-SFA-0721-N.pdf ](https://legislature.mi.gov/documents/2023-2024/billanalysis/Senate/pdf/2023-SFA-0721-N.pdf)(mi.gov)

As noted previously, property owners or community associations should carefully review their deeds, title reports and any other documentation containing easements or other property use restrictions and consider whether action is required to preserve their property interests. To preserve restrictions which were recorded more than 40 years ago, a Notice of Claim must be recorded with the appropriate County Register of Deeds no later than September 29, 2025.

**Categories:** Practice Updates

**Tags:** Legal Alert, Real Estate

---

### [Wolfson Bolton Kochis Files Automotive Supplier for Chapter 11 to Pursue Sale](https://wolfsonbolton.com/news-updates/2024/september/wolfson-bolton-kochis-files-automotive-supplier-for-chapter-11-to-pursue-sale/)

**Published:** September 23, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

Wrena, LLC, a leading full-service automotive supplier of stamped structural, tubular components, assemblies, and fine blank components, today announced that it has voluntarily filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the Eastern District of Michigan to pursue a sale of the company’s assets. The decision aims to facilitate a sale process that will maximize value for stakeholders and ensure the continued supply of high-quality products to Wrena’s customers.

The company has faced significant challenges due to rising costs, an isolated warranty claim that resulted in a significant judgment, and other market pressures, which prompted the decision to restructure through a court-supervised sale process.

“After consideration of available options, we have determined that the sale of our business through a Chapter 11 process is the best path forward,” said Wrena’s Chief Restructuring Officer, Scott Eisenberg. “This process will allow us to continue operations, preserve jobs, and position the company for future success under new ownership.”

To support ongoing operations during the sale process, Wrena has secured the use of cash collateral and debtor-in-possession (DIP) financing, subject to court approval. The company anticipates that the cash collateral usage and DIP financing will allow it to continue operating without interruption, including paying employees, meeting customer demands, and fulfilling its post-bankruptcy obligations to suppliers.

The company’s legal advisors are Wolfson Bolton Kochis PLLC ([Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/ "Scott A. Wolfson") and [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/ "Anthony J. Kochis")), financial advisors DWH (Heather Gardner and Ryan Seely), and investment banker Cascade Partners (Matthew Miller, Shareef Simaika, Bob Carey).

For more information about the bankruptcy filing and sale process, please visit [https://cases.creditorinfo.com/Wrena](https://cases.creditorinfo.com/Wrena "https://cases.creditorinfo.com/Wrena").

**Categories:** Firm News

**Tags:** Automotive, Chapter 11, Corporate

---

### [Wolfson Bolton Kochis Selected as Unsecured Creditors’ Committee Counsel in Heritage Collegiate Apparel Bankruptcy](https://wolfsonbolton.com/news-updates/2024/september/wolfson-bolton-kochis-selected-as-unsecured-creditors-committee-counsel-in-heritage-collegiate-apparel-bankruptcy/)

**Published:** September 5, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis has been selected to represent the Unsecured Creditors’ Committee in the Heritage Collegiate Apparel, Inc. Chapter 11 Bankruptcy Case pending in the United Sates Bankruptcy Court for the Eastern District of Michigan, Case No. 24-47922-tjt. The sports merchandise retailer formerly known as The M Den is seeking an expedited sale of its assets.

The engagement is being led by Scott A. Wolfson.

**Categories:** Firm News

**Tags:** Bankruptcy, Corporate, Firm News

---

### [Chapter 13 Leads to Settlement of $1.2m Judgment for Small Business Owner](https://wolfsonbolton.com/news-updates/2024/august/chapter-13-leads-to-settlement-of-1-2m-judgment-for-small-business-owner/)

**Published:** August 28, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis recently confirmed the Chapter 13 plan of a former small business owner in his individual capacity. By filing this matter as a personal Chapter 13 case, WBK’s Consumer Bankruptcy team secured the settlement of a non-dischargeable judgment, reducing the $1.2 million dollar claim to $105,000 payable over seven years. A majority of the settlement will be funded through the debtor’s Chapter 13 bankruptcy plan payments. The debtor will receive a discharge of debts at the end of his five-year bankruptcy plan notwithstanding the fact that the remaining portion of the settlement will be paid over an additional two-year period, interest free. The creditor further agreed that the $1.2m judgment claim will be subject to the individual’s Chapter 13 discharge upon completion of the settlement payments.

Not only will this consumer receive a discharge of all debts under his Chapter 13 bankruptcy, he will avoid significant tax consequences that would have resulted from the cancellation of debt if this settlement was reached outside of a personal bankruptcy.

This successful result was made possible by Wolfson Bolton Kochis’ knowledgeable, experienced team of insolvency professionals.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Clients, Legal Alert

---

### [Wolfson Bolton Kochis is Proud to Have Five Attorneys Recognized by Best Lawyers®](https://wolfsonbolton.com/news-updates/2024/august/wolfson-bolton-kochis-is-proud-to-have-five-attorneys-recognized-by-best-lawyers/)

**Published:** August 20, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis PLLC is thrilled to announce that that five of its attorneys have been recognized in 2025 Best Lawyers® list. This selection by their peers reflects their exceptional legal skills and dedication to client success.

![Five Wolfson Bolton Kochis  Attorneys on the 2025 Best Lawyers list](https://www.wolfsonbolton.com/wp-content/uploads/2024/08/wbk-best-lawyers-2025-300x230.png "wbk-best-lawyers-2025")

**2025 Best Lawyers® Honorees and their areas of recognition:**

- Scott A. Wolfson: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation, and Bankruptcy Litigation
- Peter C. Bolton: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Finance Law, Commercial Transactions / UCC Law, and Corporate Law
- Anthony J. Kochis: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Commercial Litigation
- Thomas J. Howlett: Real Estate Law
- Michelle H. Bass: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Bankruptcy Litigation

 **The Significance of Best Lawyers® Recognition**

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers recognitions are compiled based on an exhaustive Purely Peer Review® evaluation. More than 184,000 industry leading lawyers are eligible to vote (from around the world) and have received more than 25.8 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

To learn more about the Best Lawyers recognition, visit [BestLawyers.com](https://www.bestlawyers.com/).

**Categories:** Firm News, People

**Tags:** Honors, Leadership, Staff

---

### [Wolfson Bolton Kochis Earns Recognition in 2024 Super Lawyers List](https://wolfsonbolton.com/news-updates/2024/august/wolfson-bolton-kochis-earns-recognition-in-2024-super-lawyers-list/)

**Published:** August 12, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is thrilled to announce that four of our esteemed attorneys have been recognized in the 2024 Super Lawyers list. This prestigious designation acknowledges outstanding legal professionals based on peer recognition, professional achievement, and independent research.

**2024 Super Lawyers Honorees:**

- **Scott A. Wolfson**: Named to the Top 100 Michigan Super Lawyers list and recognized as a 2024 Super Lawyer in Bankruptcy: Business.
- **Peter C. Bolton**: Recognized as a 2024 Super Lawyer in Bankruptcy: Business.
- **Anthony J. Kochis**: Recognized as a 2024 Super Lawyer in Creditor Debtor Rights: Business.
- **Michelle H. Bass**: Recognized as a 2024 Super Lawyer in Bankruptcy: Consumer.

**The Super Lawyers Distinction**

Selection for Super Lawyers is highly competitive. Each year, a rigorous process evaluates lawyers across 70+ practice areas. This process includes:

- **Peer Nominations:** Respected attorneys in the state nominate colleagues they consider to be the best in their fields.
- **Independent Research:** Super Lawyers conducts in-depth research on candidates’ qualifications and professional activities.
- **Peer Reviews:** Attorneys evaluate their peers within their specific practice areas.

Only 5% of lawyers in Michigan achieve Super Lawyers recognition, making this a significant accomplishment for our team.

At Wolfson Bolton Kochs, we are committed to providing exceptional legal services. Our team’s recognition by Super Lawyers underscores our dedication to excellence and client success.

For more information about Super Lawyers, visit [SuperLawyers.com](https://www.superlawyers.com/about/selection-process/).

**Categories:** Firm News, People

**Tags:** Honors, News, Staff

---

### [Wolfson Bolton Kochis Attorneys Recognized by Super Lawyers and Named to Michigan Top 100](https://wolfsonbolton.com/news-updates/2023/august/wolfson-bolton-kochis-attorneys-recognized-by-super-lawyers-and-named-to-michigan-top-100/)

**Published:** August 11, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is proud to announce that Super Lawyers has recognized:

[Scott A. Wolfson](https://urldefense.com/v3/__https://wolfsonbolton.com/who-we-are/scott-a-wolfson/__;!!COskAx4!DcrILEfLuEiy_f5bHHQ3PCseihPwLRvKjSU66bXF77rYVi0wz1zGZUOciKgehbI7234JEiNxp1sq2DlEOPsXcq7hlJQ$ "https://urldefense.com/v3/__https://wolfsonbolton.com/who-we-are/scott-a-wolfson/__;!!COskAx4!DcrILEfLuEiy_f5bHHQ3PCseihPwLRvKjSU66bXF77rYVi0wz1zGZUOciKgehbI7234JEiNxp1sq2DlEOPsXcq7hlJQ$") — named Top 100: 2023 Michigan Super Lawyers List and 2023 Super Lawyer – Bankruptcy: Business

[Peter C. Bolton](https://urldefense.com/v3/__https://wolfsonbolton.com/who-we-are/peter-c-bolton/__;!!COskAx4!DcrILEfLuEiy_f5bHHQ3PCseihPwLRvKjSU66bXF77rYVi0wz1zGZUOciKgehbI7234JEiNxp1sq2DlEOPsXjZjr8tc$ "https://urldefense.com/v3/__https://wolfsonbolton.com/who-we-are/peter-c-bolton/__;!!COskAx4!DcrILEfLuEiy_f5bHHQ3PCseihPwLRvKjSU66bXF77rYVi0wz1zGZUOciKgehbI7234JEiNxp1sq2DlEOPsXjZjr8tc$") — 2023 Super Lawyer – Bankruptcy: Business

[Anthony J. Kochis](https://urldefense.com/v3/__https://wolfsonbolton.com/who-we-are/anthony-j-kochis/__;!!COskAx4!DcrILEfLuEiy_f5bHHQ3PCseihPwLRvKjSU66bXF77rYVi0wz1zGZUOciKgehbI7234JEiNxp1sq2DlEOPsXcbUt73I$ "https://urldefense.com/v3/__https://wolfsonbolton.com/who-we-are/anthony-j-kochis/__;!!COskAx4!DcrILEfLuEiy_f5bHHQ3PCseihPwLRvKjSU66bXF77rYVi0wz1zGZUOciKgehbI7234JEiNxp1sq2DlEOPsXcbUt73I$") — 2023 Super Lawyer – Creditor Debtor Rights: Business

[Michelle H. Bass](https://urldefense.com/v3/__https://wolfsonbolton.com/who-we-are/michelle-h-bass/__;!!COskAx4!DcrILEfLuEiy_f5bHHQ3PCseihPwLRvKjSU66bXF77rYVi0wz1zGZUOciKgehbI7234JEiNxp1sq2DlEOPsXvH3bKqE$ "https://urldefense.com/v3/__https://wolfsonbolton.com/who-we-are/michelle-h-bass/__;!!COskAx4!DcrILEfLuEiy_f5bHHQ3PCseihPwLRvKjSU66bXF77rYVi0wz1zGZUOciKgehbI7234JEiNxp1sq2DlEOPsXvH3bKqE$") — 2023 Super Lawyer – Bankruptcy: Consumer

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. For more information about Super Lawyers, visit [SuperLawyers.com.](https://urldefense.com/v3/__https://www.superlawyers.com/__;!!COskAx4!DcrILEfLuEiy_f5bHHQ3PCseihPwLRvKjSU66bXF77rYVi0wz1zGZUOciKgehbI7234JEiNxp1sq2DlEOPsXVyy7B9k$ "https://urldefense.com/v3/__https://www.superlawyers.com/__;!!COskAx4!DcrILEfLuEiy_f5bHHQ3PCseihPwLRvKjSU66bXF77rYVi0wz1zGZUOciKgehbI7234JEiNxp1sq2DlEOPsXVyy7B9k$")

**Categories:** Firm News

**Tags:** Honors

---

### [Wolfson Bolton Kochis Sponsors/Scott A. Wolfson Speaks at ABI Central States Bankruptcy Workshop](https://wolfsonbolton.com/news-updates/2024/june/wolfson-bolton-kochis-sponsors-abi-central-states-bankruptcy-workshop/)

**Published:** June 20, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

At Wolfson Bolton Kochis PLLC, we pride ourselves on our unwavering commitment to the legal community, particularly in the field of bankruptcy law. This year, we continued our tradition of support and sponsorship for the annual [American Bankruptcy Institute](https://www.abi.org/) (ABI) Central States Bankruptcy Workshop, which took place June 17-19 in Chicago. This event brought together top professionals in the industry to share insights, engage in professional development, and advance the practice of bankruptcy law.

![](https://wolfsonbolton.com/wp-content/uploads/2024/06/Scott-ABI_LL.jpg "Scott-ABI_LL")Scott A Wolfson | ABI Central States Mock Sales HearingOur team was well-represented with [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/), [Kelsey Postema](https://wolfsonbolton.com/who-we-are/kelsey-a-postema/), and [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/) (Central States Advisory Board Member) in attendance. Their participation underscores our firm’s dedication to staying at the forefront of legal developments and contributing to the broader legal community.

A highlight of the event was Scott Wolfson’s role as debtor’s counsel in a lunch and learn mock sale hearing. This session provided attendees with a practical, hands-on experience in navigating complex sale hearings, a crucial component of bankruptcy proceedings. Scott collaborated with colleagues including James Romey, Paul R. Hage, Joseph Greenwood, Hon. John T. Gregg, Buffey Klein, L. Katie Mason, Nathan Rugg, and Laura Steele.

Sponsoring and participating in events like the ABI Central States Bankruptcy Workshop reflects our commitment to excellence and leadership in the legal field. We look forward to continuing our support and involvement in such endeavors.

**Categories:** Firm News, People

**Tags:** Firm News, Leadership, Sponsorship, Staff

---

### [Drafting Precisely to Diminish Fraud Claims](https://wolfsonbolton.com/news-updates/2024/july/drafting-precisely-to-diminish-fraud-claims/)

**Published:** July 11, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

A Delaware court recently reaffirmed how precise sellers have to draft their purchase agreements to limit exposure to fraud claims. In *Labyrinth, Inc. v. Urich,* No. 2023-0327-MTZ, 2024 Del. Ch. LEXIS 78 (Del. Ch. Jan. 26, 2024), Vice Chancellor Zurn held that language of the stock purchase agreement did not relieve seller from liability for extra-contractual fraudulent representations even though the agreement included a standard reliance disclaimer with respect to extracontractual representations and an integration clause.

 The dispute arose following the closing of the parties’ sale transaction, when the buyer alleged that seller made fraudulent extra-contractual representations regarding the target company and the transaction. Seller argued that the fraud claims were barred by the stock purchase agreement’s anti-reliance and integration provisions.

Consistent with prior opinions, the Court stated that the contract “must contain language that, when read together, can be said to add up to a clear anti-reliance clause by which the plaintiff has contractually promised that it did not rely upon statements outside the contract’s four corners in deciding to sign the contract.” Despite the presence of an anti-reliance clause in the agreement, the Court determined that the language of the stock purchase agreement stating that buyer “conducted its own independent investigation” from information that seller provided “can be read to reflect that buyer was expressly representing it *did* rely on extra-contractual information.” Accordingly, the fraud claims could survive despite seller’s clear intention to preclude them through the agreement. The “buyer investigation” clause, which previously was thought to protect sellers by shifting the risk of diligence and collecting information to buyers, now appears harmful to sellers under Delaware law by preserving fraud claims against the seller based upon information revealed during those buyer investigations.

Sellers and their counsel should look carefully at the language being included in their sale agreements and determine if language beyond the standard anti-reliance and integration provisions is required to adequately protect against post-transaction fraud claims. Eric Zacks’s 2024 article providing a comprehensive examination of contractual practices to disclaim, diminish and define fraud claims can be found at [https://papers.ssrn.com/sol3/papers.cfm?abstract\_id=4802412](https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4802412), and WBK’s 2022 update regarding fraud disclaimers can be found at .

**Categories:** Practice Updates

**Tags:** Contracts, Corporate, Courts, Fraud, Legal Alert

---

### [Wolfson Bolton Kochis PLLC Earns Recognition in Chambers and Partners 2024 Guide](https://wolfsonbolton.com/news-updates/2024/june/wolfson-bolton-kochis-pllc-earns-recognition-in-chambers-and-partners-2024-guide-2/)

**Published:** June 7, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

We are thrilled to announce that [Wolfson Bolton Kochis PLLC](https://chambers.com/department/wolfson-bolton-kochis-pllc-bankruptcy-restructuring-usa-5:513:12728:1:23286250) has been recognized as a top law firm in Michigan for its work in Bankruptcy/Restructuring by the respected Chambers and Partners 2024 guide, marking the firm’s first recognition from the publication. Additionally, [Scott A. Wolfson](https://chambers.com/lawyer/scott-wolfson-usa-5:26384428) has been individually recognized in the Bankruptcy/Restructuring category for the third consecutive year. These accolades are a testament to the firm’s expertise, dedication, and unwavering commitment to delivering top-notch legal services.

![Chambers and Partners lists Wolfson Bolton Kochis with its highest rating of Band 1 for Bankruptcy/Restructuring in Michigan](https://wolfsonbolton.com/wp-content/uploads/2024/06/chambers-2024.png "chambers-2024")**What Sets Wolfson Bolton Kochis Apart**

As recognized by Chambers and Partners, [Wolfson Bolton Kochis PLLC](https://chambers.com/department/wolfson-bolton-kochis-pllc-bankruptcy-restructuring-usa-5:513:12728:1:23286250) is renowned for its exceptional strength in advising clients on complex bankruptcy petitions under Chapters 7, 12, and 11. Our team is adept at navigating complex legal landscapes, providing invaluable counsel to a diverse array of clients, including receivers, boards of directors, and debtors. The firm’s practitioners are also highly skilled in assisting creditors with loan workouts and forbearance agreements.

**Notable Practitioners**

In addition to the firm’s overall recognition, [Scott A. Wolfson](https://chambers.com/lawyer/scott-wolfson-usa-5:26384428) has been individually recognized in the Bankruptcy/Restructuring category for the third year in a row. He adeptly represents clients in both in-court and out-of-court matters, showcasing his versatile expertise and unwavering dedication to achieving the best possible outcomes for his clients.

**A Commitment to Excellence**

This prestigious recognition by Chambers and Partners is a reflection of the hard work, expertise, and client-centric approach that defines [Wolfson Bolton Kochis PLLC](https://chambers.com/department/wolfson-bolton-kochis-pllc-bankruptcy-restructuring-usa-5:513:12728:1:23286250). The firm’s commitment to excellence and its ability to handle complex legal matters with precision and care have solidified its position as a leading law firm in Michigan.

**Categories:** Firm News, People

**Tags:** Firm News, Honors, Leadership, Staff

---

### [Scott A. Wolfson Authors Article in June 2024 American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2024/june/scott-a-wolfson-authors-article-in-june-2024-american-bankruptcy-institute-journal/)

**Published:** June 4, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

Scott A. Wolfson’s latest article, “*Pier 1*: Do Claims Agents Make Neglect Less Excusable?”, is in the June 2024 ABI Journal. [Click here for the full article](https://wolfsonbolton.com/wp-content/uploads/2024/06/last_06-24.pdf).

[![](https://wolfsonbolton.com/wp-content/uploads/2024/06/ABI-Cover-June-2024.PNG "ABI-Cover-June-2024")](https://wolfsonbolton.com/wp-content/uploads/2024/06/last_06-24.pdf)ABI Cover June 2024

**Categories:** Firm News

**Tags:** Bankruptcy, Business, Corporate, Leadership, Staff

---

### [Celebrating Resilience and Achievement – The Wolfson Family Resilience Scholarship](https://wolfsonbolton.com/news-updates/2024/may/celebrating-resilience-and-achievement-the-wolfson-family-resilience-scholarship/)

**Published:** May 31, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

At Wolfson Bolton Kochis PLLC, we believe in the power of resilience, hard work, and community support. It is with great pride that we announce the recipient of the annual Wolfson Family Resilience Scholarship, awarded to honor roll students from Westwood High School who have demonstrated exceptional perseverance and dedication. This year, we are thrilled to recognize Alyssa Couveau.

![Wendy Coombs presents Alyssa Couveau with the annual Wolfson Family Resilience Scholarship](https://wolfsonbolton.com/wp-content/uploads/2024/06/wbk-scholar.png "wbk-scholar")Alyssa Couveau being presented her scholarship by Wendy Coombs sister of Scott WolfsonThe Wolfson Family Resilience Scholarship was established by Scott A. Wolfson, an alumnus of Westwood High School in Ishpeming, Michigan. His aim was to support and honor students who have faced substantial obstacles and have shown remarkable determination in their pursuit of academic and personal success.

The scholarship is awarded annually to students at Westwood High School who meet the following criteria:

- Honor Roll Status: Recipients must be on the honor roll, showcasing their academic excellence and commitment to their studies.
- Part-Time Employment: Students must have held a part-time job during their high school years, demonstrating their ability to balance work and education effectively.
- Overcoming Challenges: Recipients must have faced and overcome significant challenges in their lives, exemplifying resilience and strength of character.

Wolfson Bolton Kochis is committed to supporting the next generation of leaders. We believe that recognizing and rewarding students like Alyssa helps to build a stronger, more resilient community. We are incredibly proud of her achievements and look forward to seeing all the great things she will accomplish in the future

**Categories:** Firm News

**Tags:** Community, Firm News, Scholarship

---

### [Sixth Circuit Court of Appeals Invalidates Claimed Automotive “Requirements Contract”](https://wolfsonbolton.com/news-updates/2024/may/sixth-circuit-court-of-appeals-invalidates-claimed-automotive-requirements-contract/)

**Published:** May 28, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

The U.S. Court of Appeals for the Sixth Circuit weighed in on the changing landscape of automotive requirements contracts in Michigan in its March 23, 2024 decision in *Higuchi International Corp. v. Autoliv ASP, Inc.*, Case No. 23-1752.

Automotive supplier Higuchi supplied seatbelt parts to Autoliv. Higuchi claimed the parties’ contracts did not obligate it to supply Autoliv because the parties lacked an enforceable requirements contract. Autoliv claimed breach of contract by Higuchi, and then sought and obtained a preliminary injunction from the district court compelling Higuchi’s continued supply at the contract price. The case hinged on the Michigan Supreme Court’s 2023 decision on requirements contracts in *MSSC, Inc. v. Airboss Flexible Products Co.*, which the Sixth Circuit recognized as having brought order to the requirements contract doctrine.

The question for the court was whether there was an enforceable contract under which Higuchi was required to fulfill Autoliv’s requests, via releases, to purchase specific quantities of seatbelt parts for the life of the underlying vehicle platform or whether the arrangement permitted the parties to form contractual obligations on a release-by-release basis under *Airboss*, thereby allowing Higuchi to accept or decline Autoliv’s offers to purchase parts on a release-by-release basis.

The court recognized that “a contract’s written quantity term cannot be ambiguous—it must be precise and explicit,” and that parol evidence cannot be used to determine the existence of a quantity term. “The quantity term, on its face and as written, must therefore be clear and precise.” Autoliv’s contracts were held to not expressly state the set share of requirements Higuchi was to supply. In fact, the purchase orders shielded Autoliv from liability in the event that it sourced its requirements from other sellers. Without a clear quantity term, Autoliv’s contracts did not satisfy the statute of frauds.

“Had Autoliv wished to create a requirements contract, it could have easily drafted such a contract using clearer language.” Because the parties did not form a requirements contract, Higuchi was free to turn down Autoliv’s requests to purchase seatbelt parts on a release-by-release basis. Therefore, Autoliv was not likely to succeed on the merits, and the Sixth Circuit reversed the district court’s grant of a preliminary injunction.

**Wolfson Bolton Kochis** attorneys have extensive experience in [automotive supply chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/ "Automotive Supply Chain Lawyers") matters, in litigating supply questions and drafting client terms and conditions of purchase to avoid issues like those presented in *Higuchi*.

[A link to the opinion can be found here.](https://wolfsonbolton.com/wp-content/uploads/2024/05/23-1752-2024-05-23.pdf)

**Categories:** Practice Updates

**Tags:** Automotive, Contracts, Courts, Legal Alert, Supply Chain

---

### [The Corporate Transparency Act Faces Legal Challenges](https://wolfsonbolton.com/news-updates/2024/may/the-corporate-transparency-act-faces-legal-challenges/)

**Published:** May 2, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

The Corporate Transparency Act (CTA), which would require many businesses to disclose the identities of owners and controlling persons, has faced a number of legal challenges since becoming effective in January 2024. At least one court, the U.S. District Court for the Northern District of Alabama, held that the CTA is unconstitutional. In its March 2024 ruling, the Court held that the CTA “exceeds the Constitution’s limits on the legislative branch” and therefore is neither necessary nor proper to achieve Congress’ intended policy goals, and that the government’s proposed interpretation of the necessary and proper clause would “give Congress carte blanche to do as it pleases.” However, the Court determined that the decision rendered the CTA unenforceable only against the plaintiffs (the National Small Business Association and its members), and the government has already appealed this ruling to the Eleventh Circuit Court of Appeals.

Most recently, on March 27, 2024, the Small Business Association of Michigan, the Chaldean American Chamber of Commerce, and other plaintiffs filed a complaint in the U.S. District Court for the Western District of Michigan challenging the constitutionality of the CTA. The complaint argues that the CTA exceeds the limits of Congress’ legislative authority, violates the Fourth Amendment’s protection against unreasonable search and seizure and the Fifth Amendment’s due process clause, and that the terms of the CTA are unconstitutionally vague. The complaint filed in Michigan in particular emphasizes the assertion of the rights arising under the Fourth and Fifth Amendments, which were claims not addressed in the Alabama case described above. The plaintiffs in the case are seeking expedited consideration of their motion for a preliminary injunction to enjoin the federal government from enforcing the requirements of the CTA against the Plaintiffs and their members. A similar case against the CTA is pending in Maine.

It is likely that similar challenges to the CTA will continue to emerge. However, it is possible that the decisions these cases may continue to be limited in scope and only apply to plaintiffs filing the complaint. Unless a generally applicable ruling is issued providing that the CTA is not enforceable against U.S. businesses, continued compliance with the requirements of the CTA is likely the most conservative and appropriate course of action.

**Categories:** Practice Updates

**Tags:** Business, Corporate, Courts, Legal Alert

---

### [Delaware Supreme Court Reaffirms Freedom of Contract Regarding Limited Liability Company Agreements](https://wolfsonbolton.com/news-updates/2023/october/delaware-supreme-court-reaffirms-freedom-of-contract-regarding-limited-liability-company-agreements/)

**Published:** October 3, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

In a case that has important implications for private company agreements, the Delaware Supreme Court recently confirmed that freedom of contract in the context of limited liability company agreements extends to “contractually specified incurable voidness,” even where an opposing party might have equitable defenses.

In *Holifield v. XRI Inv. Holdings LLC*, the limited liability company agreement at issue restricted transfers of membership interests and expressly provided that any purported transfer in violation of the transfer requirements would be void. In other words, any transfer in violation of the restrictions would be treated as if it never occurred, and the violation could not be cured.

The court held that when contracted for, the remedy of incurable voidness cannot be overcome by equitable defenses. The Delaware Supreme Court further held that parties to limited liability company agreements need not use any particular “magic words” to establish a remedy of incurable voidness, as long as their intent is clear.

This decision highlights the Delaware Supreme Court’s continued recognition of the extensive contractual freedom enjoyed in respect of limited liability companies. Members of a limited liability company generally have broad discretion to contract not only for remedies for breach and transfer restrictions but also with respect to limiting members’ and managers’ rights and obligations as to the company and each other, including the limitation or elimination of fiduciary duties. The Court’s holding in *Holifield* emphasizes that the remedies available to limited liability company members will be governed largely by reference to express language within the limited liability company agreement. Accordingly, these agreements should be drafted and reviewed carefully.

**Categories:** Practice Updates

---

### [Private Business Required to Disclose Ownership under New Corporate Transparency Act](https://wolfsonbolton.com/news-updates/2023/july/private-business-required-to-disclose-ownership-under-new-corporate-transparency-act/)

**Published:** July 12, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

Effective January 1, 2024, the Corporate Transparency Act will require many U.S. companies, including privately-owned businesses, to provide annual disclosure of information about their beneficial owners with the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN), a bureau within the U.S. Treasury Department.

The Corporate Transparency Act requires corporations, limited liability companies, and other entities created by filing a document with a Secretary of State or similar office (“Reporting Company”) to file a Beneficial Ownership Information Report (“BOI Report”) detailing information about their beneficial owners.

Beneficial owners include anyone who, directly or indirectly, either (1) exercises substantial control over a Reporting Company, or (2) owns or controls at least 25 percent of the ownership interests of a Reporting Company. “Substantial control” includes those with senior officer positions, authority over the senior officers or the board of directors, or the power to assert substantial influence over important matters of the company, such as reorganization or termination of the company. The term “ownership interest” is also broadly defined and aims to capture any and all instruments, contracts, arrangements, or mechanisms used to establish direct or indirect ownership.

A Reporting Company must include in its BOI Report the (a) full legal name, (b) date of birth, (c) current residential or business street address and (d) unique identifying number from an acceptable identification document (as well as a scanned copy of this underlying document) for each of its beneficial owners. Any company created after January 1, 2024, will also be required to include information regarding the individual who files the reporting entity’s formation documents.

The Corporate Transparency Act does provide a list of 23 types of entities that are exempt from the reporting requirements. Most notably, the exemptions include publicly traded companies subject to SEC regulations, most financial services, investment, accounting, or banking institutions that already report to agencies like the SEC and FDIC, and companies that employ more than 20 full-time employees in the US, have an operating presence at a physical office in the US, and have filed federal income tax or information return in the US for the previous year showing more than 5 million dollars in gross receipts or sales, including the receipts or sales of other entities owned by the entity or other entities through which the entity operates.

Reporting Companies created before January 1, 2024 will have one year (until January 1, 2025) to file the required information. Reporting Companies created on or after January 1, 2024 must file the required information within 30 days after receiving notice of an effective formation or registration. Companies formed or registered after the effective date of the rule are required to include information on both company applicants and beneficial owners. Any change to the information previously reported concerning a Reporting Company or its beneficial owners must be reported to FinCEN within 30 days of the date of the change and any inaccuracies must be reported within 30 days of when the Reporting Company becomes aware of the inaccuracy.

Businesses should carefully review and determine what their reporting requirements will be under the Corporate Transparency Act, as failure to properly report could result in significant civil or criminal penalties.

**Categories:** Practice Updates

---

### [Seed Financing: Launches Ideas](https://wolfsonbolton.com/news-updates/2023/november/seed-financing-launches-ideas/)

**Published:** November 20, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

The financial burden of transporting an idea from initial discovery through proof of concept, optimization and testing, and into commercialization can be significant. Some fortunate entrepreneurs can tap close friends and family for capital to supplement their own contributions of cash and sweat equity. When friends and family capital is not available, or runs out, entrepreneurs and their start-up enterprise may decide to seek “Seed” capital to continue the path toward launch.

Seed capital is early-stage financing received from venture capital firms or other private investors in what is referred to as a “Seed Round” or “Series Seed” due to its application in the company’s early stage of life. Seed Round financing typically ranges from $50,000 to $2 million and is intended to fuel 12-24 months of operational capital to enable the enterprise to demonstrate its technical and team capabilities, prove its concept to potential customers, and develop interest and excitement from potential investors to raise the next round of capital.

Seed capital is typically provided to an enterprise through a “convertible securities” structure. Convertible securities allow investors to infuse cash into an enterprise in exchange for the ability to have their investment converted into equity interests (ownership) in the enterprise at a future date or upon the occurrence of a future event. The most common forms of convertible securities are convertible notes and SAFEs (simple agreements for future equity). A convertible note is a loan by an investor that converts into equity in the enterprise upon certain future events, usually additional financing rounds, a sale, or public offering. A SAFE is an agreement between an investor and the enterprise that provides the investor with rights to future equity in the Company in exchange for upfront cash. The key differences between the two instruments include the fact that a SAFE is not a loan, so a SAFE will not have a maturity date and no interest will accrue on the principal. While both instruments are non-dilutive at first, they both will cause founder dilution upon conversion, which ultimately diminishes the founder’s share of enterprise growth and control over the business.

In both instruments, key terms include the type and triggering mechanics of the conversion events (what triggers conversion of the principal of the instrument to equity), the “valuation cap,” and the “conversion discount.” Triggering mechanics related to a future financing, change of control transaction or liquidation event are typically heavily scrutinized. The valuation cap sets a maximum valuation (for the purpose of determining the price per share) at which an investor’s money converts into equity at the next financing round. This term is designed to reward investors with more equity by keeping the conversion price down if the enterprise’s valuation grows quickly. The conversion discount gives investors a discount on the price per share—compared to other investors buying shares in the subsequent financing round—when their instrument converts into equity.

While this content is very technical and novel to many early-stage entrepreneurs, both instruments have fairly standardized forms in the seed financing marketplace. As long as the parties collaborate effectively on a term sheet, which is usually the first step, either instrument can be drafted and negotiated efficiently and affordably (with significantly less investment in outside professionals than a formal equity raise) enabling the necessary infusion to launch the big idea at a reasonable cost.

For additional information, please contact Eric Zacks: , (248) 672-7181.

**Categories:** Practice Updates

---

### [Chapter 11 Bankruptcy Basics](https://wolfsonbolton.com/news-updates/2020/march/chapter-11-bankruptcy-basics/)

**Published:** March 4, 2020
**Author:** M B

**Content:**

![Chapter 11 Bankruptcy Basics](https://wolfsonbolton.com/wp-content/uploads/2023/12/324.2111181046550.png)

## What Is Chapter 11 Bankruptcy? 

Chapter 11 bankruptcy is a form of bankruptcy that involves the reorganization of a company’s debt structure. This type of bankruptcy allows businesses to continue operating while restructuring.

### How Does Chapter 11 Work?

During a Chapter 11 case, you will develop a plan of reorganization. This is a plan that defines how the business will operate and pay its financial obligations. Most plans include payment to creditors over time.

### What Are the Advantages of Chapter 11?

When filing a Chapter 11 bankruptcy, the company remains in control of its assets and can continue business operations. This means the business name and customer base are not lost. This process can help you get through to the other side.

### Does My Company Need Help?

A good way to figure out if bankruptcy makes sense for your business is to assess your financial situation.

**Ask yourself these key questions:**

- Are you getting off debts that you had planned to pay?
- Are collection agencies calling you?
- Are you uncertain of how much money you owe?
- Are you unable to pay your employees?
- Are you unable to pay vendors or suppliers?
- Is your lender coming after you?

**If you have answered “yes” to one or more of these questions, then you may want to consider a consultation with [our bankruptcy professionals](/about-us/). [Contact us today](/contact/) to get started!**

 ![author avatar](https://secure.gravatar.com/avatar/209ff60f653981ccc072a808901c91fe4b3a2f7cb860698fd2ed7ba315619afc?s=300&d=mm&r=g) 

 M B 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/) [    ](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/)

**Categories:** Practice Updates, WBK Bankruptcy

**Tags:** Education

---

### [What Happens After a Business Files For Chapter 11 Bankruptcy?](https://wolfsonbolton.com/news-updates/2020/april/what-happens-after-a-business-files-for-chapter-11-bankruptcy/)

**Published:** April 1, 2020
**Author:** M B

**Content:**

![What Happens After a Business Files For Chapter 11 Bankruptcy?](https://wolfsonbolton.com/wp-content/uploads/2023/12/329.2111181046550.png)

Bankruptcy is a powerful tool that businesses use to restructure their finances and remain in business. If you are struggling financially as a business owner, consider the option to file for Chapter 11 bankruptcy.

In a Chapter 11 bankruptcy, a petition is filed in bankruptcy court by the debtor or in some cases, by creditors of the debtor. When filing for bankruptcy, a business must disclose all of its financial information.

The debtor must file:

- A list of creditors
- A schedule of assets and liabilities and current income
- A statement of financial affairs

After filing, the debtor, referred to now as the debtor in possession, runs normal business operations and the automatic stay goes into effect to stop collections. The business proposes a reorganization plan, which outlines how it plans to pay back its creditors over a fixed period of time. This can include renegotiating debt or downsizing to cut expenses. This is one of the most important documents in a Chapter 11 bankruptcy. Changes can be made to the plan at any time before plan confirmation. After it has been filed, the court will hold a confirmation hearing to resolve any objections and to confirm the plan if it meets all requirements.

 ![author avatar](https://secure.gravatar.com/avatar/209ff60f653981ccc072a808901c91fe4b3a2f7cb860698fd2ed7ba315619afc?s=300&d=mm&r=g) 

 M B 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/) [    ](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/)

**Categories:** Practice Updates, WBK Bankruptcy

**Tags:** Education

---

### [Chapter 7 Bankruptcy - What is it and how does it work?](https://wolfsonbolton.com/news-updates/2021/may/chapter-7-bankruptcy-what-is-it-and-how-does-it-work/)

**Published:** May 9, 2021
**Author:** M B

**Content:**

![author avatar](https://secure.gravatar.com/avatar/209ff60f653981ccc072a808901c91fe4b3a2f7cb860698fd2ed7ba315619afc?s=300&d=mm&r=g) 

 M B 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/) [    ](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/)

**Categories:** Practice Updates, WBK Bankruptcy

**Tags:** Education

---

### [Filing for Bankruptcy: Don't Wait Too Long](https://wolfsonbolton.com/news-updates/2021/july/filing-for-bankruptcy-dont-wait-too-long/)

**Published:** July 13, 2021
**Author:** M B

**Content:**

## In Debt? Don’t Wait To File for Bankruptcy.

Many people try to avoid filing for bankruptcy but end up making their financial situation worse by waiting.

**Some common reasons for waiting are:**

- **The sinking feeling that your situation cannot be fixed**. 
    - You should know that each case is different depending on one’s assets and liabilities. Bankruptcy is a **powerful tool** that can eliminate many kinds of debt, including [credit card balances](/consumer-bankruptcy/credit-card-debt/), personal loans, and medical bills.
- **Fear of facing your finances**. 
    - Fear can get in the way of making important decisions that will help you in the future. Try picturing your desired outcome by seeking legal advice from an experienced [bankruptcy](/consumer-bankruptcy/) attorney in Metro Detroit near you. There is **no harm** in being fully informed on how the law could benefit you.
- **The belief that your situation will eventually improve on its own**. 
    - Unfortunately, wishful thinking without action accomplishes **little** in the face of mounting bills bearing interest.
- **Feelings of shame and embarrassment**. 
    - While no one desires to file for bankruptcy, you should know that you are not alone. Many Americans who have found themselves in financial distress have taken **advantage** of this congressionally-enacted right to eliminate their debts. Any feelings of shame and embarrassment should subside once you make a plan and put it into action. **You deserve a fresh start.** What are you waiting for?

### Get a Free Consultation With Wolfson Bolton

Do not wait to receive the legal advice that you need to improve your financial situation. If you are waiting in hopes that things will get better, now is the time to act. Take the next step toward financial freedom by contacting us via [online form](/contact/) or call (248) 609-1855.

 ![author avatar](https://secure.gravatar.com/avatar/209ff60f653981ccc072a808901c91fe4b3a2f7cb860698fd2ed7ba315619afc?s=300&d=mm&r=g) 

 M B 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/) [    ](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/)

**Categories:** Practice Updates, WBK Bankruptcy

**Tags:** Education

---

### [Bankruptcy Dos and Don'ts](https://wolfsonbolton.com/news-updates/2021/july/bankruptcy-dos-and-donts/)

**Published:** July 29, 2021
**Author:** M B

**Content:**

**Do**

- **Take a deep breath!** Even thinking about talking to a bankruptcy attorney can stir up emotions. Try to think about feeling at ease as you take the first step toward the financial freedom you have been dreaming about.
- **Provide full disclosure of all relevant information to your bankruptcy attorney.** Your attorney can not effectively protect your interests and assets without your truthfulness and honesty.
- **Save all of your financial documents.** This includes tax returns, bank account statements, paycheck stubs, collection letters, and receipts for all purchases and household expenses no matter how large or small.
- **Continue making full and timely payments on anything you intend to keep.** This includes mortgage payments, car lease or loan payments, necessary utilities, and insurance premiums.

**Don’t**

- **Never transfer property or assets to anyone without first speaking with an experienced bankruptcy attorney.** Giving away your property or anything of value on the “eve of filing for bankruptcy” may be considered fraudulent. A thoughtless transfer of assets may subject you or the transferee to a lawsuit to recover the value of the asset for the benefit of your creditors.
- **Don’t fail to disclose anything that you own, or anyone to whom you owe money.** If you do not fully disclose your creditors or even the smallest of asset (whether you believe it is valuable or not), you stand to lose your assets, and you risk losing a discharge of your debts. All bankruptcy documents and testimony are given under the penalty of perjury.
- **Don’t incur a large amount of debt immediately before filing a bankruptcy.** Using large amounts of credit or transferring large amounts of money before filing for bankruptcy are indicators of fraud. Spending with the appearance of fraud can lead to negative consequences in your bankruptcy case.
- **Don’t tarnish your fresh start.** It is important to act responsibly with your credit after receiving your bankruptcy discharge. Closely monitor your spending and make a budget to help keep track of your finances going forward. Consult with your bankruptcy attorney about ways to improve your new credit after receiving your discharge. Finding the road to financial freedom is half the battle. Staying on the right path once you’re there is up to you!

 ![author avatar](https://secure.gravatar.com/avatar/209ff60f653981ccc072a808901c91fe4b3a2f7cb860698fd2ed7ba315619afc?s=300&d=mm&r=g) 

 M B 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/) [    ](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/)

**Categories:** Practice Updates, WBK Bankruptcy

**Tags:** Education

---

### [When is bankruptcy the right option?](https://wolfsonbolton.com/news-updates/2021/august/when-is-bankruptcy-the-right-option/)

**Published:** August 17, 2021
**Author:** M B

**Content:**

![author avatar](https://secure.gravatar.com/avatar/209ff60f653981ccc072a808901c91fe4b3a2f7cb860698fd2ed7ba315619afc?s=300&d=mm&r=g) 

 M B 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/) [    ](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/)

**Categories:** Practice Updates, WBK Bankruptcy

**Tags:** Education

---

### [5 Bankruptcy Myths](https://wolfsonbolton.com/news-updates/2021/august/5-bankruptcy-myths/)

**Published:** August 29, 2021
**Author:** M B

**Content:**

![](https://wolfsonbolton.com/wp-content/uploads/2023/12/mythtop.2110051044550.jpg)

 ![author avatar](https://secure.gravatar.com/avatar/209ff60f653981ccc072a808901c91fe4b3a2f7cb860698fd2ed7ba315619afc?s=300&d=mm&r=g) 

 M B 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/) [    ](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/)

**Categories:** Practice Updates, WBK Bankruptcy

**Tags:** Education

---

### [Understanding Chapter 7 Bankruptcy](https://wolfsonbolton.com/news-updates/2021/october/understanding-chapter-7-bankruptcy/)

**Published:** October 1, 2021
**Author:** M B

**Content:**

![](https://wolfsonbolton.com/wp-content/uploads/2023/12/understanding_bankruptcy_3_1.2110051039550.png)

 ![author avatar](https://secure.gravatar.com/avatar/209ff60f653981ccc072a808901c91fe4b3a2f7cb860698fd2ed7ba315619afc?s=300&d=mm&r=g) 

 M B 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/) [    ](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/)

**Categories:** Practice Updates, WBK Bankruptcy

**Tags:** Education

---

### [Chapter 13 Bankruptcy - What is it and what are the advantages?](https://wolfsonbolton.com/news-updates/2021/october/chapter-13-bankruptcy-what-is-it-and-what-are-the-advantages/)

**Published:** October 5, 2021
**Author:** M B

**Content:**

![Placeholder Text](https://wolfsonbolton.com/wp-content/uploads/2023/12/11.2111181058550.jpg)

 ![author avatar](https://secure.gravatar.com/avatar/209ff60f653981ccc072a808901c91fe4b3a2f7cb860698fd2ed7ba315619afc?s=300&d=mm&r=g) 

 M B 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/) [    ](https://wolfsonbolton.com/news-updates/author/wbk-bankruptcy/)

**Categories:** Practice Updates, WBK Bankruptcy

**Tags:** Education

---

### [Credit Counseling – What is it and how can it help?](https://wolfsonbolton.com/news-updates/2021/october/credit-counseling-what-is-it-and-how-can-it-help/)

**Published:** October 5, 2021
**Author:** M B

**Content:**

An individual has to take a credit counseling course before filing for bankruptcy. The course can be completed through numerous vendors, online or over the phone from the comfort of home.

Credit counseling is a required step in the bankruptcy process designed to help consumers understand their pre-bankruptcy finances. Through an abridged financial education, the course also aims to teach consumers how to avoid falling into debt after exiting bankruptcy. The course takes about an hour and must be completed within six months of filing for bankruptcy.

Schedule a free consultation with us [here](/contact/) or call us at [(248) 609-1855″>(248) 609-1855](

**Categories:** Practice Updates, WBK Bankruptcy

**Tags:** Education

---

### [Five Wolfson Bolton Attorneys Named in The Best Lawyers in America© 2024](https://wolfsonbolton.com/news-updates/2023/august/five-wolfson-bolton-attorneys-named-in-the-best-lawyers-in-america-2024/)

**Published:** August 17, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is proud to announce that Best Lawyers® has recognized five of its attorneys in the 30th Edition of The Best Lawyers in America©. The attorneys that have been honored and their practice areas are:

**Scott A. Wolfson** – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Commercial Litigation; and Litigation. Scott was also named as Litigation – Bankruptcy “Lawyer of the Year” 2024 in Troy, Michigan.

**Peter C. Bolton** – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; and Corporate Law.

**Anthony J. Kochis** – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; and Commercial Litigation.

**Thomas** **J. Howlett** – Real Estate Law.

**Michelle H. Bass** – Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; and Bankruptcy Litigation.

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 more information about Best Lawyers, visit [BestLawyers.com](https://urldefense.com/v3/__https://www.bestlawyers.com/__;!!COskAx4!Esxa9pKIWUmE90UGDEmhZBx9SgjzbiythVOt2xIJSMKBO2B0MyBRGFKIOpsdYOUG4KcKrSBSPC7vazS06IOPbxk1Hw$ "https://urldefense.com/v3/__https://www.bestlawyers.com/__;!!COskAx4!Esxa9pKIWUmE90UGDEmhZBx9SgjzbiythVOt2xIJSMKBO2B0MyBRGFKIOpsdYOUG4KcKrSBSPC7vazS06IOPbxk1Hw$")

**Categories:** Firm News

**Tags:** Honors

---

### [Michigan Supreme Court Adopts Bankruptcy Notification Rule](https://wolfsonbolton.com/news-updates/2024/april/michigan-supreme-court-adopts-bankruptcy-notification-rule/)

**Published:** April 1, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Supreme Court has adopted a new rule that applies when a party to a pending lawsuit in state court is named a debtor in a bankruptcy proceeding. Effective May 1, 2024, MCR 2.421 will require a party to notify the court within three days of becoming subject to a bankruptcy proceeding and to serve the notice on all other parties in the case.

The rule also establishes the contents the notice must contain, permits a non-debtor party to file and serve the notice if not previously completed by the debtor, and sets forth the steps a court may take upon receipt of the notice. For debtors and creditors alike, MCR 2.421 is intended to clarify the parties’ responsibilities in light of the obligations imposed by the automatic stay under Section 362 of the Bankruptcy Code.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Courts, Legal Alert

---

### [Jo-Ann Fabrics and Crafts Files for Bankruptcy](https://wolfsonbolton.com/news-updates/2024/march/jo-ann-fabrics-and-crafts-files-for-bankruptcy/)

**Published:** March 18, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

Jo-Ann Fabrics and Crafts and its affiliates have filed for bankruptcy in the United States Bankruptcy Court for the District of Delaware.

Jo-Ann Fabrics indicated in a press release that the bankruptcy will enable it to strengthen the company’s financial position, and that Jo-Ann Fabrics has secured commitments for financing such that it expects to be able to pay all obligations to employees, vendors, and landlords in the ordinary course of business. The Chapter 11 bankruptcy will be expedited, with Jo-Ann Fabrics seeking to complete the process as early as April 2024.

Wolfson Bolton Kochis PLLC attorneys have significant experience representing landlords in large retail bankruptcies like the bankruptcy of Jo-Ann Fabrics. Please contact [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/) (; 248-247-7103) with any questions.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Legal Alert, News

---

### [March 29, 2024 is the Deadline to Preserve Property Interests under Michigan Act](https://wolfsonbolton.com/news-updates/2024/march/march-29-2024-is-the-deadline-to-preserve-property-interests-under-michigan-act/)

**Published:** March 13, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Marketable Record Title Act (“MRTA”) sets March 29, 2024 as the deadline for property owners to take action to preserve certain restrictive covenants and use restrictions that originated more than 40 years ago.

The MRTA, enacted in 1945, was intended to simplify the process of determining a property owner’s marketable title. Establishing marketable title to real property requires an owner to demonstrate an unbroken chain of title where a continuous sequence of title transfers to a property can be traced to the current owner with nothing in the record chain of title purporting to divest or interfere with the current owner’s title to the property. The MRTA created a 40-year limit on the search window to establish marketable title. Instead of requiring the title search to go all the way back to the original property owner, if an unbroken chain of title can be established for the last 40 years, the existing owner is considered to have marketable title to the property, free and clear of interests more than 40 years old.

The MRTA was amended effective March 29, 2019. Prior to this amendment, it was sufficient if the deed mentioned that the property was “subject to easements and restrictions of record” to preserve previous easements and restrictions that were last recorded more than 40 years ago. Now, specific references to the public record (including liber, page, or instrument number) where the restrictions were originally recorded within the 40-year chain of title will be required if they are to be preserved. The amendment provided for a two-year grace period (until March 29, 2021) for property owners to record a notice preserving interests or use restrictions older than 40 years. Further amendments in 2022 extended this grace period until March 29, 2024 and provided exceptions for utilities and land and resource use restrictions. *See* MCL 565.104.

Property owners or community associations should carefully review their deeds, title reports and any other documentation containing easements or other property use restrictions and consider whether action is required to preserve their property interests. To preserve restrictions which were recorded more than 40 years ago, a Notice of Claim must be recorded with the appropriate County Register of Deeds no later than March 29, 2024.

**Categories:** Practice Updates

**Tags:** Legal Alert, Real Estate

---

### [Usury Savings Clause Cannot Save Lender](https://wolfsonbolton.com/news-updates/2024/march/usury-savings-clause-cannot-save-lender/)

**Published:** March 11, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

In a recent Michigan Supreme Court decision, *Soaring Pine Capital Real Estate and Debt Fund II, LLC v Park Street Group Realty Services, LLC*, the Court held that a “usury savings clause is ineffective if a note otherwise facially requires the borrower to pay a usurious interest rate, even if the stated interest in the note is not usurious.” 511 Mich 89, 100 (2023).

The note at issue provided for a 20% interest rate, but there were fees and charges associated with the loan that, if considered interest, pushed the effective rate above 25%, Michigan’s criminal usuary threshold. Usury savings clauses are typical provisions in loan agreements that either automatically reduce the interest rate to a non-usurious level or recharacterize usurious interest payments as principal payments.

The Court held that, while usury savings clauses are enforceable in certain circumstances where future events (like an increase in an index rate such as Prime) could push a floating rate loan above the legal limit, it would be against public policy to allow lenders to contract for a facially usurious interest rate and simply rely on a usury savings clause to avoid the consequences of having done so. Citing public policy that favors judicial intervention, the Court also held that seeking to collect a usurious interest rate in a civil action, standing alone, does not violate the criminal usuary statute. MCL 438.41. The case was remanded to the trial court for reconsideration consistent with the Court’s opinion.

Wolfson Bolton Kochis PLLC has extensive experience in all aspects of financial transactions, including usury litigation. Please contact Finance Practice Lead Peter C. Bolton () with any questions.

**Categories:** Practice Updates

**Tags:** Courts, Finance, Legal Alert

---

### [Amendments to Michigan Court Rules Regarding Receivership to Take Effect May 1, 2014](https://wolfsonbolton.com/news-updates/2014/april/amendments-to-michigan-court-rules-regarding-receivership-to-take-effect-may-1-2014/)

**Published:** April 1, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

On March 26, 2014, the Michigan Supreme Court approved amendments to MCR 2.621 and MCR 2.622 regarding receiverships in Michigan. Court Rule 2.622 was amended to specifically set forth the process for the appointment of a receiver, selection of a receiver, and how the court must address objections to the appointment of a proposed receiver, receiver disqualifications, the specific requirements of an order appointing a receiver, the duties of a receiver, the powers of a receiver, the compensation and expenses of a receiver, and the bond of a receiver. If an objection is made to the person or entity appointed receiver, or if the court makes a determination that a different receiver should be appointed, the court must state its rationale for the selection of the receiver in consideration of six enumerated factors, which include the receiver’s experience in the operation and/or liquidation of the asset being administered and the receiver’s relevant legal, business, and receivership knowledge.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Wolfson Bolton Wins Summary Judgment Holding Trust Bankruptcy Estate Property](https://wolfsonbolton.com/news-updates/2015/june/wolfson-bolton-wins-summary-judgment-holding-trust-bankruptcy-estate-property/)

**Published:** June 15, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

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.](https://wolfsonbolton.com/wp-content/uploads/2023/12/Opinion-Granting-PlaintiffMotion-for-Summary.pdf)

**Categories:** Firm News

**Tags:** Clients

---

### [Scott A. Wolfson on Cover of Michigan Super Lawyers 2015](https://wolfsonbolton.com/news-updates/2015/october/scott-a-wolfson-on-cover-of-michigan-super-lawyers-2015/)

**Published:** October 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

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.](https://wolfsonbolton.com/wp-content/uploads/2023/12/super-lawyers-scott-wolfson-2015.pdf)

**Categories:** Firm News

**Tags:** Honors

---

### [Scott A. Wolfson to Speak at American Bankruptcy Institute’s Annual Spring Meeting](https://wolfsonbolton.com/news-updates/2016/january/scott-a-wolfson-to-speak-at-american-bankruptcy-institutes-annual-spring-meeting/)

**Published:** January 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Leadership

---

### [ABA's Business Law Today Publishes Anthony J. Kochis' Safe Harbor Article](https://wolfsonbolton.com/news-updates/2017/january/abas-business-law-today-publishes-anthony-j-kochis-safe-harbor-article/)

**Published:** January 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

Anthony J. Kochis’ 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.](https://wolfsonbolton.com/wp-content/uploads/2023/12/Testing_the_Waters_of_the_Safe_Harbor.pdf)

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

**Categories:** Firm News

**Tags:** Leadership

---

### [Update On NAFTA Negotiations](https://wolfsonbolton.com/news-updates/2017/december/update-on-nafta-negotiations/)

**Published:** December 5, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

![Update On NAFTA Negotiations](https://wolfsonbolton.com/wp-content/uploads/2023/12/40.2111181100550.png)

Q: What is NAFTA? A: The United States, Canada, and Mexico entered into the North American Free Trade Agreement effective January 1, 1994. NAFTA eliminated duties and trade restrictions on goods shipped between the three countries. Before NAFTA, goods shipped between the countries were taxed when they crossed the border. NAFTA covers rules of origin, customs procedures, agriculture and sanitary measures, government procurement, investment, trade in services, protection of intellectual property rights, and dispute settlement procedures.1 Q: NAFTA is in the news lately. What’s going on?

On May 18, 2017, following consultation with relevant Congressional committees, United States Trade Representative Robert Lighthizer informed Congress that President Donald Trump intends to commence negotiations with Canada and Mexico to renegotiate NAFTA.

Currently, the three countries have completed five rounds of negotiations, and the parties appear to be far apart.

Among other things, the United States has called for an increase in the automotive content percentage (amount of a good that needs to be manufactured in North America in order to qualify for zero tariffs under NAFTA) to be increased from 62.5% to 85%.

The United States has also proposed that half of all car content must be manufactured solely in the United States to be immune from tariffs. Automakers worry that these proposed changes will increase costs of production.

At the most recent fifth round of negotiations in Mexico City, Canada and Mexico did not present a counter-proposal to the United States’ requests.

Instead, the two countries presented data outlining the potential harm to the automotive industry if the United States’ requests were implemented.

The next round of negotiations is set for Montreal in late January. With gridlock surrounding the most recent talks, it is good idea to look ahead to what might happen if NAFTA talks breakdown completely.

**Categories:** Practice Updates

---

### [Scott A. Wolfson and Charles M. Moore Author Article in January 2018 American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2018/january/scott-a-wolfson-and-charles-m-moore-author-article-in-january-2018-american-bankruptcy-institute-journal/)

**Published:** January 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson and Charles M. Moore Author Article in January 2018 American Bankruptcy Institute Journal](https://wolfsonbolton.com/wp-content/uploads/2023/12/12.2110261218550.png)

Scott A. Wolfson and Charles M. Moore, Managing Director with Alvarez & Marsal, have published an article titled, “Check Engine: Rules of the Road to Navigate Upcoming Auto Distress” in the January 2018 issue of the American Bankruptcy Institute Journal. The article describes how the automotive industry faces an overhaul like nothing it has ever experienced, based on the speed with which ride-sharing, electrification and autonomous vehicles are being adopted, which is expected to result in a number of suppliers having to be restructured. Wolfson and Moore provide an overview of the automotive supply chain, key legal and restructuring principles, and common agreements used to facilitate successful automotive workouts.

[Click here to read the article.](https://wolfsonbolton.com/wp-content/uploads/2023/12/abi-article.pdf)

**Categories:** Firm News

**Tags:** Leadership

---

### [Uniform Receivership Act Enacted in Michigan](https://wolfsonbolton.com/news-updates/2018/march/uniform-receivership-act-enacted-in-michigan/)

**Published:** March 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Uniform Receivership Act Enacted in Michigan](https://wolfsonbolton.com/wp-content/uploads/2023/12/199.2111181056550.jpg)

On February 6, 2018, Governor Snyder signed Public Act 16 of 2018, the Uniform Commercial Real Estate Receivership Act. This Act provides guidance for receiverships in Michigan. Michigan was one of many states without a standard set of receivership rules before this Act was enacted. In 2015, the Uniform Law Commission, the same organization that wrote the Uniform Commercial Code, drafted this model act to govern receiverships of commercial property. The Uniform Commercial Real Estate Receivership Act will provide greater predictability for litigants, lenders, and receivers. Michigan joins Oregon, Nevada, and Utah in enacting this law. Four other states have introduced the model act: Kentucky, Oklahoma, Tennessee, and West Virginia.

The Uniform Commercial Real Estate Receivership Act applies to a receivership of an interest in real property and any personal property related to or used in operating the real property. A receivership order will operate as a stay against actions to enforce a judgment against receivership property, and receivers will have the status of lien creditor. The Act provides the powers and duties of a receiver, which can be modified, expanded, or limited by a court order. Unless limited by a court order, a receiver will be able to:

- operate a business constituting receivership property, including the use, sale, lease, collection, or disposition of the property in the ordinary course of business;
- incur unsecured debt and pay expenses in the ordinary course of business; and
- assert a right, claim, or cause of action that relates to receivership property.

A receiver will also be able to do the following with court approval:

- make improvements to receivership property;
- use or transfer receivership property other than in the ordinary course of business;
- adopt or reject executory contracts;
- recommend allowance or disallowance of a claim of a creditor, or make distributions of receivership property; and
- pay compensation to the receiver and to each professional engaged by the receiver.

The Act also sets forth the responsibilities of owners of receivership property. Owners are required to assist and cooperate with the receiver in the administration of the receiver’s duties. Owners are also expected to preserve and turn over to the receiver all receivership property.

**Categories:** Practice Updates

---

### [Wolfson Bolton Featured In December 2018 Issue Of Michigan Manufacturers Association Magazine](https://wolfsonbolton.com/news-updates/2018/december/wolfson-bolton-featured-in-december-2018-issue-of-michigan-manufacturers-association-magazine/)

**Published:** December 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton was featured in the December 2018 issue of the Michigan Manufacturers Association Magazine. MiMfg Magazine is a monthly publication that provides news and information on industry-related topics.

[Click here to view the article](https://wolfsonbolton.com/wp-content/uploads/2023/12/MiMfg_Magazine_December_2018.pdf).

**Categories:** Firm News

**Tags:** Leadership

---

### [Michelle H. Bass Authors Article in May 2019 American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2019/may/michelle-h-bass-authors-article-in-may-2019-american-bankruptcy-institute-journal/)

**Published:** May 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Michelle H. Bass Authors Article in May 2019 American Bankruptcy Institute Journal](https://wolfsonbolton.com/wp-content/uploads/2023/12/MHB-Headshot.2110050456550.png)

Michelle H. Bass’s article “Fail to Make Direct Payments to Secured Creditors? No Discharge!” was published in the May 2019 edition of the American Bankruptcy Institute Journal. The article explores the emerging trend for bankruptcy courts to deny a consumer’s discharge where the individual failed to make all required payments under the plan. The recent string of opinions examined highlights the potential harsh reality for consumers who may unknowingly forfeit their discharge over missed payments on a secured claim.

[Click here to read the article](https://wolfsonbolton.com/wp-content/uploads/2023/12/consumerpt_05-19-1.pdf).

**Categories:** Firm News

**Tags:** Leadership

---

### [Goodrich Quality Theaters Files for Bankruptcy](https://wolfsonbolton.com/news-updates/2020/march/goodrich-quality-theaters-files-for-bankruptcy/)

**Published:** March 2, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Goodrich Quality Theaters Files for Bankruptcy](https://wolfsonbolton.com/wp-content/uploads/2023/12/322.2111181047550.png)

Goodrich Quality Theaters has filed for bankruptcy in the U.S. Bankruptcy Court for the Western District of Michigan on February 24, 2020. The company has 30 locations across Michigan, Illinois, Indiana, Florida, and Missouri. Renovations were made to many of the theaters leaving the company with nearly $30 million in debt owed to companies such as Disney, IMAX, Microsoft, Pepsi, and many others. The company’s theaters are expected to stay open.

**Categories:** Firm News

**Tags:** Clients

---

### [Wolfson Bolton Obtains Significant Victory in Sixth Circuit Court of Appeals](https://wolfsonbolton.com/news-updates/2020/april/wolfson-bolton-obtains-significant-victory-in-sixth-circuit-court-of-appeals/)

**Published:** April 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Wolfson Bolton Obtains Significant Victory in Sixth Circuit Court of Appeals](https://wolfsonbolton.com/wp-content/uploads/2023/12/328.2110261326550.png)

Wolfson Bolton attorneys Scott A. Wolfson and Adam L. Kochenderfer received a substantial victory for WB’s client, General Aluminum Mfg. Company, in a recent ruling from the Sixth Circuit Court of Appeals. In the case, the Plaintiff alleged that General Aluminum failed to pay commissions on certain purchase orders in violation of the parties’ agreement and the Michigan Sales Representative Commission Act. The Sixth Circuit disagreed by affirming the District Court’s decisions and holding that (1) General Aluminum was entitled to summary judgment because the record showed no evidence of a breach or violation, and (2) the Plaintiff could not amend its complaint after summary judgment was entered. [The opinion can be read here](https://wolfsonbolton.com/wp-content/uploads/2023/12/31_-_Opinion_4-7-20__00093915xC4627_.pdf).

**Categories:** Firm News

**Tags:** Clients

---

### [Scott A. Wolfson Authors Article in July 2020 State Bar of Michigan Journal](https://wolfsonbolton.com/news-updates/2020/july/scott-a-wolfson-authors-article-in-july-2020-state-bar-of-michigan-journal/)

**Published:** July 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson Authors Article in July 2020 State Bar of Michigan Journal](https://wolfsonbolton.com/wp-content/uploads/2023/12/335.2110050837550.jpg)

Scott A. Wolfson published an article titled, “Best Practices for Auto Supplier Workouts” in the July 2020 Michigan Bar Journal. [Click here for the full article.](https://wolfsonbolton.com/wp-content/uploads/2023/12/pdf4article3958.pdf)

**Categories:** Firm News

**Tags:** Leadership

---

### [Client Alert: GM Imposes New Warranty Chargeback Process](https://wolfsonbolton.com/news-updates/2021/september/client-alert-gm-imposes-new-warranty-chargeback-process/)

**Published:** September 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

![Placeholder Text](https://wolfsonbolton.com/wp-content/uploads/2023/12/12.2110261218550.png)

On August 18, 2021, General Motors instituted a new warranty charge back process. This process has the potential to significantly increase the costs for warranty claims charged to suppliers by GM. Wolfson Bolton is adept at counseling clients with respect to automotive contracts and stands ready to assist you in assessing the burden this new warranty process places on your company and strategizing about ways to protect your company from incurring these increased costs.

**Categories:** Practice Updates

---

### [UP200 Sled Dog Races](https://wolfsonbolton.com/news-updates/2022/february/up200-sled-dog-races/)

**Published:** February 23, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

Some of WB team headed UP to Marquette for the UP200 Sled Dog Races this past weekend! We attended and sponsored the race, visited the historic Marquette County Circuit Court and broke out of the Yooper Camp with 5 minutes to spare at Escape Marquette!

![](https://wolfsonbolton.com/wp-content/uploads/2023/12/UP-TRIP.1.002.2202231007550.png)

**Categories:** Firm News

**Tags:** Community

---

### [Boyce Hydro Liquidating Trustee Scott A. Wolfson Interviewed by ABC12 about Claim Deadline](https://wolfsonbolton.com/news-updates/2022/july/boyce-hydro-liquidating-trustee-scott-a-wolfson-interviewed-by-abc12-about-claim-deadline/)

**Published:** July 15, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

![Flood Damage Victims Deadline](https://wolfsonbolton.com/wp-content/uploads/2024/03/Screenshot-2024-03-10-142406-e1710095255998-300x167.png "ABC-12")

[https://www.abc12.com/news/dam-recovery/deadline-friday-for-flood-damage-victims-in-bankruptcy-case/article\_1bdfe486-02f8-11ed-9b64-277e787a9fb5.html](https://www.abc12.com/news/dam-recovery/deadline-friday-for-flood-damage-victims-in-bankruptcy-case/article_1bdfe486-02f8-11ed-9b64-277e787a9fb5.html)

**Categories:** Firm News

**Tags:** Clients

---

### [Scott A. Wolfson and Rachel Walton Author Article in May 2019 American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2019/may/scott-a-wolfson-and-rachel-walton-author-article-in-may-2019-american-bankruptcy-institute-journal/)

**Published:** May 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson and Rachel Walton Author Article in May 2019 American Bankruptcy Institute Journal](https://wolfsonbolton.com/wp-content/uploads/2023/12/277.2110261256550.png)

Scott A. Wolfson and Rachel Walton, with Wolfson Bolton, have published an article titled, “Unsecured Claim for Post-Petition Contractual Attorneys’ Fees? File It!” in the May 2019 edition of the American Bankruptcy Institute Journal. The article discusses the latest Circuit Court decision in a developing trend holding that unsecured claims for post-petition contractual attorneys’ fees are not expressly disallowed by the Bankruptcy Code. These recent decisions reinforce the importance of attorneys’ fees clauses in contracts and should cause practitioners to account for these claims when seeking recoveries for their creditor clients.

[Click here for the article](https://wolfsonbolton.com/wp-content/uploads/2024/03/last_05-19.pdf).

**Categories:** Firm News

**Tags:** Leadership

---

### [Preference Actions May be Sold under the Bankruptcy Code](https://wolfsonbolton.com/news-updates/2024/march/preference-actions-may-be-sold-under-the-bankruptcy-code/)

**Published:** March 1, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

The Fifth Circuit, joining the Eighth and Ninth Circuits, recently held that preference actions may be sold under the Bankruptcy Code, and that purchasers who are not representatives of the bankruptcy estate have standing to pursue them. The case is *Briar Cap. Working Fund Cap., L.L.C. v. Remmert (In re S. Coast Supply Co.)*, 91 F. 4th 376 (5th Cir. 2024).

Preferences are payments that favor certain creditors over others. While outside of the confines of bankruptcy a company is generally free to pay its creditors in any order of priority, the Bankruptcy Code subjects pre-bankruptcy payments made within 90 days – or to “insiders” within a year – to potential avoidance. Congress described the purpose of the preference-avoidance power as twofold: first, to discourage creditors from racing to the courthouse to dismember the debtor during its slide into bankruptcy, and second, to facilitate the prime bankruptcy policy of equality of distribution among creditors of the debtor.

The debtor in *Briar Cap.* had sued its former CFO to recover preferential payments made to him under a loan agreement. Debtor’s pre-bankruptcy secured lender reached a settlement with the debtor in connection with the debtor’s Chapter 11 bankruptcy plan which provided that the secured creditor would receive debtor’s interest in the preference action against the CFO in exchange for concessions by the secured creditor. The order confirming the plan effectuated the transfer of the preference action to the secured creditor and permitted the secured creditor to keep any recovery even if the recovery exceeded the amount the secured creditor was owed. As a result of the plan’s approval, the secured creditor was substituted as assignee of the debtor in the preference action.

The former CFO brought a motion to dismiss the preference action after it was assigned to the secured creditor claiming the creditor lacked standing to prosecute the preference action. The District Court agreed and dismissed the adversary proceeding for lack of subject matter jurisdiction.

Recognizing the novel legal issue before it, the Fifth Circuit reversed holding that preference actions are property of a debtor’s estate under 11 U.S.C. § 541 that can be sold under § 363. The Fifth Circuit further held that, even if the secured creditor did not quality as a representative of the bankruptcy estate, it has standing to pursue the preference claim because it validly purchased the claim outright.

Our team at Wolfson Bolton Kochis PLLC has significant experience with preference litigation, which often means we can resolve the matter without litigation, saving meaningful time and expense.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Courts, Legal Alert

---

### [Imprecise Quantity Automotive “Requirements Contracts” Sustain Federal Blow](https://wolfsonbolton.com/news-updates/2024/january/imprecise-quantity-automotive-requirements-contracts-sustain-federal-blow/)

**Published:** January 30, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

On January 25, 2024, the U.S. District Court for the Eastern District of Michigan dealt another blow to automotive supply contracts that purport to be requirements contracts but in fact leave the quantity to be purchased to the discretion of the Buyer.

In *Ultra Mfg. U.S.A. Inc. v. ER Wagner Mfg. Co.*, 2024 U.S. Dist. LEXIS 13560, Judge George Caram Steeh held that the buyer’s agreement to purchase “some portion or all of buyer’s requirements” is not a sufficient quantity term to satisfy the statute of frauds. Steeh held that this imprecise quantity term is insufficient under the Michigan Supreme Court’s 2023 decision in *MSSC, Inc. v. Airboss Flexible Prods. Co.* and denied the buyer’s request for injunctive relief forcing the supplier to supply at the contract price. The contract’s statement that “this is a requirements contract” did not change the result – which was that the contract was not a requirements contract, meaning the seller was not required to continue to supply parts at the contract’s price.

[A link to the opinion can be found here](https://wolfsonbolton.com/wp-content/uploads/2024/01/Ultra-Manufacturing-v-ER-Wagner-Manufacturing-Opinion.pdf "Ultra Manufacturing v ER Wagner Manufacturing Opinion").

Purchasers of automotive components should realize that a contract purportedly allowing them to buy “any quantity” they want from a supplier may mean the supplier is not obligated to sell them any parts at any price. Wolfson Bolton Kochis attorneys have extensive experience in automotive supply chain matters, both in litigating supply questions and in drafting client terms and conditions of purchase, to avoid issues like those presented in this recent federal case.

**Categories:** Practice Updates

**Tags:** Courts, Legal Alert

---

### [Buyer Beware – Free and Clear Isn’t Perfectly Clear](https://wolfsonbolton.com/news-updates/2024/february/buyer-beware-free-and-clear-isnt-perfectly-clear/)

**Published:** February 22, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

A recent decision by the United States District Court for the District of Delaware brings into question whether a “free and clear” sale order under Section 363(f) of the Bankruptcy Code really means what its name suggests. In the case of *United Steel, Paper and Forestry, Rubber, Manufacturing, Energy Allied Industrial and Service Workers International Union, AFL-CIO, CLC v. Braeburn Alloy Steel LLC*, Civ. No. 22-1563 (GBW) (D. Del. Sept. 18, 2023)*,* Braeburn Alloy Steel LLC purchased substantially all the assets of CCX Inc. free and clear of all claims and rights including successor liability claims. CCX’s workforce was unionized under a collective bargaining agreement with the United Steelworkers Union. Braeburn did not assume the collective bargaining agreement as part of the sale, and the debtor later rejected that agreement.

Following the sale, Braeburn re-hired the debtor’s employees under new terms and resumed the debtor’s business. Despite consenting to the “free and clear” sale, the union requested that Braeburn recognize it as the representative of Braeburn’s *new* employees. When Braeburn refused, the union filed a complaint with the National Labor Relations Board arguing that Braeburn was the “perfectly clear” successor to the debtor which, under the National Labor Relations Act, compels Braeburn to bargain with the union.

Braeburn went to the bankruptcy court to enforce its “free and clear” order. Faced with competing statutory schemes, the bankruptcy court ruled in favor of Braeburn and held that the assets were sold free and clear of the collective bargaining agreement. Or in other words, Braeburn was free of the union. The union appealed to the Delaware District Court.

The Delaware District Court ruled in favor of the union and held that the union’s claims resulted from post-sale actions, rather than the sale itself. As a result, Braeburn’s re-hiring of debtor’s employees to operate the same business made it “perfectly clear” that Braeburn was a successor employer to the debtor. Therefore, the claims arose from the post-sale hiring of employees and did not otherwise implicate the “free and clear” sale order. In reaching its decision, the Delaware District Court held that collective bargaining obligations are not an “interest in property” that can be extinguished under Section 363(f) of the Bankruptcy Code. The court viewed the alternative as a “bankruptcy loophole” that would encourage the strategic use of the bankruptcy process to avoid union obligations.

**Categories:** Practice Updates

**Tags:** Bankruptcy, Courts, Decisions, Legal Alert

---

### [Business Today Lists Scott A. Wolfson in “Top 10 Influential Bankruptcy and Restructuring Lawyers in Michigan 2023”](https://wolfsonbolton.com/news-updates/2023/november/business-today-lists-scott-a-wolfson-in-top-10-influential-bankruptcy-and-restructuring-lawyers-in-michigan-2023/)

**Published:** November 17, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![](https://www.wolfsonbolton.com/wp-content/uploads/2023/12/page01.2311171517043-1024x857.jpg "page01.2311171517043")

WBK is proud to announce that Business Today has named [Scott Wolfson](https://urldefense.com/v3/__https://www.wolfsonbolton.com/who-we-are/scott-a-wolfson/__;!!COskAx4!GrZ3d7D02A8R1hfCF_UxBEsbBsgGvnsKH1cwWkBxzSb77rA5iO639ZXs-JVe0mkNL3gyw_2boeO6QmuDZdvo4nzn%24) as one of the “Top 10 Influential Bankruptcy and Restructuring Lawyers in Michigan 2023”.

For more information and to view the article, visit [Top 10 Influential Bankruptcy and Restructuring Lawyers in Michigan 2023 – Business Today](https://urldefense.proofpoint.com/v2/url?u=https-3A__businesstoday.news_top-2D10-2Dinfluential-2Dbankruptcy-2Dand-2Drestructuring-2Dlawyers-2Din-2Dmichigan-2D2023_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=Zi2l6Qp-TnkL6dNTeW1pZSMGaurgmvO_-dIBmJ7NTCc&m=rO-WoUAwHEcVCO4wJMz6cOqt1xAjUZqlWQUB7m2Df1FuxexKxdlNhFghRH8sr3YK&s=ogiqC-996Tvzpb3p_v0Oo13DoGsonGpefahqzSLFcUE&e=)

**Categories:** 2023, Firm News

**Tags:** Honors

---

### [National Guard and Reservists Debt Relief Extension Act Enacted](https://wolfsonbolton.com/news-updates/2023/december/national-guard-and-reservists-debt-relief-extension-act-enacted/)

**Published:** December 22, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

On December 19, 2023, the National Guard and Reservists Debt Relief Extension Act of 2023 was signed into law by President Biden. The Act extends the time during which National Guard and Air Force reservists who have been called to active duty, and have served at least 90 days post September 11, 2001, are exempt from having to complete the means test in a personal bankruptcy.

This is the fourth such extension of the 2008 amendment to the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”), providing qualified reservists with additional time to take advantage of filing for chapter 7 relief. The reservists servicemembers are distinguishable under the Act from active duty servicemembers, those who have completed active duty within 540 days of filing a bankruptcy, and permanently disabled veterans, for whom the exemption from completing the means test exists without limitation.

Exemption from the means test allows individuals the unrestricted ability to obtain chapter 7 relief regardless of their current monthly income calculation. The extension under the 2023 Act will provide a significant positive impact for qualified reservists to obtain the most desirable, time-efficient, and cost-effective form of federal debt relief available to consumers. It also indicates Congress’ intent to continue to provide qualified reservists and servicemembers who have served at least 90 days post-9/11 with the same degree of relief under the Bankruptcy Code as their disabled, and current or recent active-duty counterparts.

Interested veterans and servicemembers who have served at least 90 days following September 11, 2001, who are interested in their debt relief options can contact Michelle H. Bass 

The full text of the National Guard and Reservists Debt Relief Extension Act of 2023, 118 H.R. 3315 may be found at:

**Categories:** 2023, Practice Updates

**Tags:** Consumer Bankruptcy, Debt Relief

---

### [Wolfson Bolton Featured in March 2020 Michigan Manufacturers Association Magazine](https://wolfsonbolton.com/news-updates/2020/march/wolfson-bolton-featured-in-march-2020-michigan-manufacturers-association-magazine/)

**Published:** March 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton is featured in an article in the March 2020 issue of the Michigan Manufacturers Association Magazine. In the article, *A Realistic Look at Supply Chain Management*, Adam L. Kochenderfer is quoted as saying, “Improvement of supply chain management is the most universal opportunity I see for growing a business…The good news is that a relatively standard set of best practices can improve virtually any manufacturer’s supply chain management and related costs.”

**Categories:** Firm News

**Tags:** Leadership

---

### [Primary Issues to be Decided in the City of Detroit Chapter 9 Bankruptcy Case](https://wolfsonbolton.com/news-updates/2013/august/primary-issues-to-be-decided-in-the-city-of-detroit-chapter-9-bankruptcy-case/)

**Published:** August 1, 2013
**Author:** wbkadmin

**Content:**

On July 18, 2013, the City of Detroit filed the largest municipal bankruptcy in the history of the United States. Since the filing, the Bankruptcy Court has entered 22 orders, including orders (a) affirming that challenges to the City’s authorization to file bankruptcy may be brought only in the Bankruptcy Court, (b) establishing dates and procedures for challenges to the City’s eligibility under Chapter 9 of the United States Bankruptcy Code, (c) setting a deadline for the City to file a plan for the adjustment of the City’s debts, (d) directing the appointment of a committee of retired employees, and (e) appointing as mediator the Chief Judge of the District Court for the Eastern District of Michigan. The following are some of the most critical of the many issues that will be decided in the City of Detroit’s Chapter 9 bankruptcy case: 1. Eligibility — Under Section 109(c) and 921(c) of the Code, the Bankruptcy Court may dismiss the Chapter 9 bankruptcy petition if the City did not file in good faith or if the petition does not meet the requirements of the Code. Several creditors are asserting that the Chapter 9 case should be dismissed because the City of Detroit (a) did not negotiate with creditors in good faith before the bankruptcy filing, (b) is not actually insolvent, and (c) was not properly authorized to file the Chapter 9 bankruptcy petition. The Bankruptcy Court has set an expedited timetable for determining eligibility issues, with trial scheduled to begin on October 23, 2013. In comparison, the eligibility of the City of Vallejo, CA was not finally determined until over a year after Vallejo’s Chapter 9 bankruptcy filing. 2. Retiree obligations — The City of Detroit estimates its unfunded pension liabilities at $3.5 billion, plus another $5.7 billion in other post-employment benefits. The City plans to treat these obligations as general unsecured debts subject to adjustment. The Bankruptcy Court has directed the United States Trustee’s Office to appoint a Committee of Retired Employees. The Michigan Attorney General, pension funds, and unions are also likely to oppose any cuts to the City’s pension obligations and have argued that the Michigan Constitution prohibits the City from taking any action to impair the City’s pension obligations. 3.Rejection of union contracts — The Bankruptcy Code permits the City to reject its collective bargaining agreements in bankruptcy. While collective bargaining agreements are granted heightened protection in corporate bankruptcy cases, Section 901 of the Code excludes these protections in Chapter 9 municipal cases. 4.General Obligation (“GO”) Bonds — The City owes approximately $530 million in GO Bond liabilities. GO Bonds are backed by the full faith, credit, and resources of the City of Detroit and are supported by the City’s taxing authority. The City has indicated that it will treat GO Bonds as general unsecured debts. 5.Sale of assets held by the Detroit Institute of Arts (“DIA”) — The City of Detroit has retained Christie’s Appraisals, Inc. to value the holdings of the DIA. While the City has not indicated that it plans to sell art work held by the DIA, the DIA has retained a law firm and has indicated that it would litigate in bankruptcy court to protect its holdings. The City may also be evaluating other City-owned cultural assets, including Belle Isle and the Detroit Zoo. Although a bill that sought to safeguard the DIA and other cultural assets did not pass the Michigan Legislature, the Michigan Attorney General issued an opinion before the Chapter 9 filing stating that the DIA art collection is held in a charitable trust for the people of Michigan and cannot be sold to satisfy Detroit’s debts. 6.Confirmation of a Plan of Adjustment — Section 941 requires that the City file a plan for the adjustment of the City’s debts at the time fixed by the Bankruptcy Court. The Bankruptcy Court has set March 1, 2014 as the deadline for the City to file its plan. If the plan is confirmed, creditors will be bound by the terms of the plan and the City will emerge from Chapter 9 bankruptcy with reduced debt obligations. To be confirmed, the City must propose a plan that complies with the requirements of the Code, including requirements that the plan must be (a) fair and equitable with respect to each class of creditors that have not accepted the plan, (b) feasible, and (c) in the best interests of creditors.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

 wbkadmin 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbkadmin/) [    ](https://wolfsonbolton.com/news-updates/author/wbkadmin/)

**Categories:** Practice Updates

---

### [Best Lawyers Names Scott A. Wolfson A “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2023/august/best-lawyers-names-scott-a-wolfson-a-lawyer-of-the-year/)

**Published:** August 17, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![Best Lawyers](/images/blog/Best-Lawyers-Lawyer-of-the-Year.2308080911550.png)

Wolfson Bolton Kochis is proud to announce that Scott A. Wolfson has been recognized by Best Lawyers® as Litigation – Bankruptcy “Lawyer of the Year” 2024 in Troy, Michigan. “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.

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 more information about Best Lawyers, visit [BestLawyers.com](https://urldefense.com/v3/__https://www.bestlawyers.com/__;!!COskAx4!Covv1oobHw3RH5mWfQmmjbRDYgaHLUtpVMNrG_Zv9GgkokqwpEv4j3cems9X3fS6SBaWPLOXM4WgCTG1GBmetN7Vkk0$ "https://urldefense.com/v3/__https://www.bestlawyers.com/__;!!COskAx4!Covv1oobHw3RH5mWfQmmjbRDYgaHLUtpVMNrG_Zv9GgkokqwpEv4j3cems9X3fS6SBaWPLOXM4WgCTG1GBmetN7Vkk0$")

**Categories:** Firm News

**Tags:** Honors

---

### [Supreme Court Rules Section 363(m) of Bankruptcy Code Is Not Jurisdictional](https://wolfsonbolton.com/news-updates/2023/may/supreme-court-rules-section-363m-of-bankruptcy-code-is-not-jurisdictional/)

**Published:** May 3, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

On April 19, 2023, the Supreme Court in *MOAC Mall Holdings LLC v. Transform Holdco LLC* ruled that Section 363(m) of the Bankruptcy Code is not jurisdictional. *MOAC Mall Holdings LLC v. Transform Holdco LLC*, No. 21-1270, 2023 U.S. LEXIS 1666 (Apr. 19, 2023).

Section 363(m) of the Bankruptcy Code provides that the reversal or modification on appeal of an authorization of the sale or lease of bankruptcy-estate property does not affect the validity of the authorized sale or lease to an entity that purchased or leased the property in good faith, unless such an authorization, and the sale or lease, were stayed pending appeal. Before *MOAC*, there was a split among the circuit courts as to whether the language of section 363(m) deprived judges of jurisdiction to consider appeals to invalidate sales or leases during bankruptcy.*The Supreme Court’s decision in MOAC*resolves the circuit split by determining that section 363(m) is not a jurisdictional provision, and instead is only a statutory limitation, making it subject to waiver, estoppel, and other similar doctrines.

The opinion makes clear that Courts should treat a statutory provision as jurisdictional only if Congress clearly states as much. While no “magic words” are necessary, Congress’s statement must be clear and not merely “plausible” or “better” than non-jurisdictional alternatives. Applying this “clear-statement rule” to the language of section 363(m), the Court unanimously held that section 363(m) does not implicate the jurisdiction of appellate courts over sale or lease orders entered under section 363(b).

**Categories:** 2023, Practice Updates

**Tags:** Courts

---

### [Wolfson Bolton Starts the New Year With a New Name – Wolfson Bolton Kochis PLLC](https://wolfsonbolton.com/news-updates/2023/january/wolfson-bolton-starts-the-new-year-with-a-new-name-wolfson-bolton-kochis-pllc/)

**Published:** January 1, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![Wolfson Bolton Starts the New Year With a New Name – Wolfson Bolton Kochis PLLC](https://wolfsonbolton.com/wp-content/uploads/2023/12/715A0831.2301101252550-scaled.jpg)

We are excited to announce Wolfson Bolton is starting the New Year with a new name – Wolfson Bolton Kochis PLLC.

Anthony J. Kochis has been with the firm since its formation in 2009 and has been a member since 2013. He leads the firm’s Litigation Practice Group, practices insolvency and restructuring law, and serves as Secretary for the State Bar of Michigan Litigation Section. Anthony resides in Royal Oak and has one child who is in kindergarten. Outside of work, Anthony enjoys biking and sporting clays.

Now, almost 14 years since Wolfson Bolton began, we are proud to add Kochis to the firm name.

**Categories:** 2023, Firm News

**Tags:** News

---

### [Scott A. Wolfson Speaks at the Economic Club of Marquette County](https://wolfsonbolton.com/news-updates/2023/january/scott-a-wolfson-speaks-at-the-economic-club-of-marquette-county/)

**Published:** January 16, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![hotel sign](https://wolfsonbolton.com/wp-content/uploads/2023/12/Scott-Mqt.2302061135550.jpg) Scott Wolfson spoke on “Inflation, Restructuring, and Opportunities” at an event hosted by the Economic Club of Marquette County in Marquette.

**Categories:** 2023, Firm News

**Tags:** Leadership

---

### [Scott A. Wolfson Featured in Latest American Bankruptcy Institute Industry Viewpoints Segment](https://wolfsonbolton.com/news-updates/2023/february/scott-a-wolfson-featured-in-latest-american-bankruptcy-institute-industry-viewpoints-segment/)

**Published:** February 1, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![supply chain issues](https://wolfsonbolton.com/wp-content/uploads/2023/12/ABI-Viewpoints.2302061128550.png)

ABI Editor-At-Large Bill Rochelle welcomes Scott Wolfson back to provide an update and key insights on issues/distress surrounding supply chains.

Watch the segment here:

[Industry Viewpoints 2023: Scott Wolfson Discussing Supply Chain Issues – YouTube](https://urldefense.com/v3/__https:/www.youtube.com/watch?v=BuiZF5imwBY__;!!COskAx4!E_fvpjJRVh1ygaxTLlEYnX2YcplNK0PVVgZvwF2x7lWF9ObOdFeFgzKnoLhy99hUhZ4I9WzsQMu1cWa3825W2AI6SA$)

**Categories:** 2023, Firm News

**Tags:** Leadership

---

### [Scott Wolfson Obtains Back-to-Back Victories in Sixth Circuit Court of Appeals](https://wolfsonbolton.com/news-updates/2023/february/scott-wolfson-obtains-back-to-back-victories-in-sixth-circuit-court-of-appeals/)

**Published:** February 28, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![court](https://wolfsonbolton.com/wp-content/uploads/2023/12/iStock-1357285379.2302280718550.jpg)

Scott A. Wolfson obtained the dismissal of an automotive sales-representation agreement complaint against the firm’s client in 2018, which the Sixth Circuit affirmed in 2020. Our client was then sued again for allegedly different breaches of the agreement, which Wolfson got dismissed on res judicata grounds in 2021.

In his second trip to the Sixth Circuit Court of Appeals in the case, the Court affirmed the dismissal in the attached [opinion.](/documents/UNPUBLISHED-OPINION-and-JUDGMENT-filed.-AFFIRMED..00124881xC4627).pdf)

**Categories:** 2023, Firm News

**Tags:** Clients

---

### [Michelle H. Bass Business Highlight Quoted in CNBC Article](https://wolfsonbolton.com/news-updates/2023/february/michelle-h-bass-business-highlight-quoted-in-cnbc-article/)

**Published:** February 28, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

Michelle Bass was quoted in CNBC’s article by Sarah O’Brien “Debt due to another person’s fraud can’t be discharged in bankruptcy. Neither can these bills”. Read the full story [here](https://urldefense.com/v3/__https:/www.cnbc.com/2023/02/28/bankruptcy-wont-erase-all-debt-these-obligations-cant-be-discharged.html__;!!COskAx4!FypImsBXNPQmKW2BPqSd0eun8e1GZd8VaJHZB30S-e7yyx8DiPSgKchmgBmZ7EyJIk_3QKfkjiF6IfejSSjRJNqQs6A$).

**Categories:** 2023, Firm News

**Tags:** Leadership

---

### [Thomas J. Howlett Joins Wolfson Bolton Kochis, Leads Real Estate Practice](https://wolfsonbolton.com/news-updates/2023/march/thomas-j-howlett-joins-wolfson-bolton-kochis-leads-real-estate-practice/)

**Published:** March 7, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![Thomas J. Howlett](https://wolfsonbolton.com/wp-content/uploads/2023/12/715A0347.2303071404550-scaled.jpg)

Wolfson Bolton Kochis is pleased to announce that Thomas J. “Jake” Howlett has joined the firm as a Member and is leading the firm’s Real Estate Practice Group. Jake’s practice focuses on real estate matters and commercial litigation. He leverages his experience as an attorney and former executive with a major real estate development company to analyze disputes and transactions from both a business and a legal perspective, helping him resolve issues with maximum efficiency and with minimal disruption to his clients’ operations. Jake previously served as president of Crown Enterprises, LLC, a major national real estate development company with a diverse portfolio of properties and has represented multiple municipalities and developers. In addition to directing Crown’s business strategy and day to day operations, he personally managed significant legal issues, from major real estate transactions to complex litigation.

For more on Thomas J. “Jake” Howlett and his services check out his [bio](/who-we-are/thomas-j-howlett/).

**Categories:** 2023, Firm News

**Tags:** Staff

---

### [Logan T. Grizzell Joins Wolfson Bolton Kochis as Associate Attorney](https://wolfsonbolton.com/news-updates/2023/march/logan-t-grizzell-joins-wolfson-bolton-kochis-as-associate-attorney/)

**Published:** March 16, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![Logan Headshot](https://wolfsonbolton.com/wp-content/uploads/2023/12/715A0519.2303161307550.jpg)

Wolfson Bolton Kochis is delighted to announce that Logan T. Grizzell has joined the firm as an associate attorney.

Logan is a graduate of Michigan State University College of Law. While in law school, he served as an editor of the Michigan State Law Review. Logan also interned at the Colorado 4th Judicial District Attorney’s Office, where he was responsible for over 1000 misdemeanor cases and conducted several jury trials, and at the Michigan House of Representatives (44th District).

Logan graduated *summa cum laude* from Lawrence Technological University, where he obtained his Bachelor of Science degree in Business, was a member of the Varsity Baseball Team (Academic All-Conference Team honors) and a student government officer.

**Categories:** 2023, Firm News

**Tags:** Staff

---

### [Scott A. Wolfson Elected Director of American College of Bankruptcy Foundation](https://wolfsonbolton.com/news-updates/2023/april/scott-a-wolfson-elected-director-of-american-college-of-bankruptcy-foundation/)

**Published:** April 6, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![scott](https://wolfsonbolton.com/wp-content/uploads/2023/12/Scott-ACBF.2304060940550.png)

Scott A. Wolfson has been elected a Director of the American College of Bankruptcy Foundation. The Foundation was established to promote the ends of justice through educational and charitable activities consistent with the goals of the College. Its missions, focused in the areas of bankruptcy and insolvency, are: sponsorship and encouragement of legal research, publications and forums; establishment of scholarships and grant awards; providing for the collection and maintenance of data and documents for scholarly research; fostering the institution and maintenance of legal aid services for the indigent; and promoting diversity, equity and inclusion within the organization and across the insolvency profession.

The American College of Bankruptcy is dedicated to the enhancement of professionalism, scholarship, and service in bankruptcy and insolvency law and practice. Its members are judges, lawyers, international fellows, accountants, corporate turnaround specialists, government officials and other professionals who are experts in the field of bankruptcy and insolvency. Members are selected on an invitation only basis by the College’s Board of Regents.

**Categories:** 2023, Firm News

**Tags:** Leadership

---

### [Annual Wolfson Family Resilience Scholarship Awarded](https://wolfsonbolton.com/news-updates/2023/may/annual-wolfson-family-resilience-scholarship-awarded/)

**Published:** May 11, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![logo](https://wolfsonbolton.com/wp-content/uploads/2023/12/Westwood-HS-Logo.2305110549550.png)

The annual Wolfson Family Resilience Scholarship was awarded to two honor roll students, Lindsay Williams and Madison Marta from Westwood High School.

[Scott A. Wolfson](https://urldefense.com/v3/__https://wolfsonbolton.com/who-we-are/scott-a-wolfson/__;!!COskAx4!BRgs1ctnzPrGrYldLxE6E6pNTE7kuXWGzx397WULGYXQG_MmecPko2HOyV3mqO16NifpoLeOQULB-8y_pcZFUVdEag$ "https://urldefense.com/v3/__https://wolfsonbolton.com/who-we-are/scott-a-wolfson/__;!!COskAx4!BRgs1ctnzPrGrYldLxE6E6pNTE7kuXWGzx397WULGYXQG_MmecPko2HOyV3mqO16NifpoLeOQULB-8y_pcZFUVdEag$") established the Wolfson Family Resilience Scholarship at his alma mater, Westwood High School in Ishpeming, Michigan. The scholarship requires that the recipient(s) held a part-time job during high school and overcame a substantial challenge in their life.

**Categories:** 2023, Firm News

**Tags:** Community

---

### [Michelle H. Bass’ American Bankruptcy Institute Journal Article Included in the Best of ABI 2022](https://wolfsonbolton.com/news-updates/2023/may/michelle-h-bass-american-bankruptcy-institute-journal-article-included-in-the-best-of-abi-2022/)

**Published:** May 25, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![Journal](https://wolfsonbolton.com/wp-content/uploads/2023/12/MHB-ABI-Journal-Pic.2306070538550.png)

Michelle H. Bass’ article from the July 2022 ABI Journal, “Granting a Discharge to the Dishonest and Fortunate Debtor?” was selected for inclusion in Best of ABI 2022: The Year in Consumer Bankruptcy. Each year, the American Bankruptcy Institute’s “Best of ABI” books gather the best ABI Journal articles to highlight the top trends in both consumer and business bankruptcy.

[Check out Michelle’s article here](/documents/Best_of_ABI_2022_The_Year_in_Consumer_Bankruptcy.pdf)! A complete digital book is available for purchase and download at the ABI bookstore [here](https://store.abi.org/best-of-abi-2022-the-year-in-consumer-bankruptcy.html "https://store.abi.org/best-of-abi-2022-the-year-in-consumer-bankruptcy.html").

**Categories:** 2023, Firm News

**Tags:** Honors

---

### [Michelle Bass Speaks at FBA’s 35th Annual Bankruptcy Section Seminar](https://wolfsonbolton.com/news-updates/2023/august/michelle-bass-speaks-at-fbas-35th-annual-bankruptcy-section-seminar/)

**Published:** August 5, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![seminar](https://wolfsonbolton.com/wp-content/uploads/2023/12/MHB-FBA-Presentation.2308050656550.png) Michelle H. Bass spoke at the 35th Annual Federal Bar Association Western District of Michigan Bankruptcy Section Seminar on July 29, 2023. Michelle’s panel discussion addressed recent trends in student loan non-dischargeability actions, non-bankruptcy relief programs, and the forgiveness of student loan debt for those eligible, in light of the new Department of Justice guidelines for seeking dischargeability of student loans in bankruptcy.

**Categories:** 2023, Firm News

**Tags:** Leadership

---

### [Wolfson Bolton Earns Tier 1 Rankings in 2023 Edition Of U.S. News – “Best Law Firms” List](https://wolfsonbolton.com/news-updates/2022/november/wolfson-bolton-earns-tier-1-rankings-in-2023-edition-of-u-s-news-best-law-firms-list/)

**Published:** November 3, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton is proud to announce that the firm has received Metropolitan Tier 1 Rankings in two categories in the 2023 Edition of U.S. News – Best Lawyers “Best Law Firms” in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation – Bankruptcy. WB also received a Metropolitan Tier 3 Ranking in Litigation – Trusts & Estates.

Firms included in the 2023 Edition of U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes 5% of lawyers practicing in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

**Categories:** 2023, Firm News

**Tags:** Honors

---

### [Scott A. Wolfson Ranked in the Chambers and Partners USA Guide 2023](https://wolfsonbolton.com/news-updates/2023/june/scott-a-wolfson-ranked-in-the-chambers-and-partners-usa-guide-2023/)

**Published:** June 2, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson](https://wolfsonbolton.com/wp-content/uploads/2023/12/2023-Chambers.2306020625550.png)

WBK is proud to announce that Scott Wolfson has been ranked for the second year in a row in the Chambers and Partners USA Guide 2023 in the Bankruptcy/Restructuring – Michigan category. “Scott Wolfson of Wolfson Bolton PLLC attracts praise for his high-caliber practice in bankruptcy and restructuring matters. He represents clients in both in and out-of-court matters.” – Chambers and Partners. Check out Scott’s Chambers USA profile [Scott Wolfson, USA | Chambers Profiles](https://urldefense.com/v3/__https:/chambers.com/lawyer/scott-wolfson-usa-5:26384428__;!!COskAx4!DZrlyboDxWaWUdZosp9Noht0yHUI8ojFl_FznaDkZoa6YzFKrQVSOhbH5QcXCMAbOu1M7PwkR_stnTg5eETr3GwkU3g$).

About Chambers and Partners: Chambers USA is the leading legal directory, ranking the top lawyers and law firms across the USA. Our legal rankings are based on unrivaled and in-depth market analysis and independent research, all of which is conducted by our dedicated team of researchers. For more information on our methodology and insights into our submissions process and how your firm can rank in the Chambers USA guide, please visit our methodology page. The Chambers USA team continues to work with law firms of all sizes, from boutique to global, during our research to ensure we cover all aspects of the US legal market for clients of all sizes and requirements to assist in their legal needs. For more about Chambers and Partners, visit their website [Chambers and Partners | Showcasing the Best Legal Talent](https://urldefense.com/v3/__https:/chambers.com/__;!!COskAx4!DZrlyboDxWaWUdZosp9Noht0yHUI8ojFl_FznaDkZoa6YzFKrQVSOhbH5QcXCMAbOu1M7PwkR_stnTg5eETrVq6jXLY$).

**Categories:** 2023, Firm News

**Tags:** Honors

---

### [Scott A. Wolfson Authors Cover Article in July 2023 American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2023/july/scott-a-wolfson-authors-cover-article-in-july-2023-american-bankruptcy-institute-journal/)

**Published:** July 5, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson’s latest article, Critically Thinking About Your Critical-Vendor Status](https://wolfsonbolton.com/wp-content/uploads/2023/12/July2023JournalCover.2307051348550.jpg) Scott A. Wolfson’s latest article, Critically Thinking About Your Critical-Vendor Status, is in the July 2023 ABI Journal. Click [here](/documents/ABI-Article_07-23.pdf) for the full article.

**Categories:** 2023, Firm News

**Tags:** Leadership

---

### [Thomas “Jake” Howlett Included in DBusiness Magazines’ 2024 List of Top Lawyers](https://wolfsonbolton.com/news-updates/2023/november/thomas-jake-howlett-included-in-dbusiness-magazines-2024-list-of-top-lawyers/)

**Published:** November 13, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

![Jake Howlett was included in DBusiness magazine’s 2024 list of Top Lawyers in Real Estate Law](https://wolfsonbolton.com/wp-content/uploads/2023/12/DBusiness-Jake.2311171421113.png)

WBK is pleased to announce that [Jake Howlett](https://urldefense.com/v3/__https:/www.wolfsonbolton.com/who-we-are/thomas-jake-howlett/__;!!COskAx4!DXeKuuehh9c5v5ABUPjlsaAtRDOO0CSw5xkuOrYCY_eZlKVR9eecEvgZ111pV3eI-alIM7EQtoYFZt66T0R5_05VMA%24) was included in DBusiness magazine’s 2024 list of Top Lawyers in Real Estate Law. *DBusiness’* Top Lawyers list is based on a select peer-review survey open to all area lawyers and the votes were cast honoring excellence in several practice areas.

For more information and to view the magazine issue, visit [November/December 2023 – DBusiness Magazine](https://urldefense.com/v3/__https:/www.dbusiness.com/digital-editions/november-december-2023/__;!!COskAx4!DXeKuuehh9c5v5ABUPjlsaAtRDOO0CSw5xkuOrYCY_eZlKVR9eecEvgZ111pV3eI-alIM7EQtoYFZt66T0TrQZT6vQ%24)

**Categories:** 2023, Firm News

**Tags:** Honors

---

### [UCC Seriously Misleading - Is an Abbreviation of a Borrower’s Name Fatal to Perfecting a Security Interest?](https://wolfsonbolton.com/news-updates/2022/november/ucc-seriously-misleading-is-an-abbreviation-of-a-borrowers-name-fatal-to-perfecting-a-security-interest/)

**Published:** November 4, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

#### Is an Abbreviation of a Borrower’s Name Fatal to Perfecting a Security Interest?

A late September decision by the United States Eleventh Circuit Court of Appeals has clarified some practice points about how to properly perfect a creditor’s security interest.

To secure additional protection and priority among creditors, including in a bankruptcy case, creditors are required to follow state law to “perfect” their security interest. This typically takes the form of completing and recording a Uniform Commercial Code (“UCC”) financing statement describing the collateral that is security for the debt.

In the case of *1944 Beach Boulevard, LLC v. Live Oak Banking Co*., creditor Live Oak Banking had attempted to perfect its liens against 1944 Beach Boulevard by recording a UCC statement in the Florida lien registry. However, Live Oak Banking’s UCC statement erroneously referred to its debtor as “1944 Beach *Blvd.*, LLC” instead of its fully spelled legal name “1944 Beach *Boulevard*, LLC.”

1944 Beach Boulevard argued that this form of abbreviation was “seriously misleading” under Florida statutes, which would invalidate Live Oak Banking’s attempt to perfect its lien. Creditor Live Oak Banking, by contrast, argued that using “Blvd.” instead of “Boulevard” was in accordance with the standard search query logic and search terms found on the Florida lien registry. Accordingly, the creditor argued, any reasonable search query would have revealed the lien, meaning the filing would not be considered “seriously misleading.” In this way, Live Oak Banking argued its abbreviation qualified for the applicable safe harbor exception under Florida law.

The Florida Supreme Court wrestled with this issue on certified questions issued from the Eleventh Circuit and held that the Florida lien registry does not, in fact, have any uniform search query logic or standard abbreviation terms. Consequently, the court held that even a slightly altered or abbreviated debtor name is seriously misleading under Florida law, rendering the attempt to perfect the lien insufficient and invalid.

The Eleventh Circuit Court recently issued its final analysis of that Florida Supreme Court opinion, ratifying the opinion. The Circuit Court agreed that, since the Florida lien registry does not have a set of standardized abbreviations or other search terms, any deviations in debtor name description would be governed by a zero-tolerance rule.

This decision is a major cautionary tale to secured creditors and a reminder to bankruptcy practitioners to analyze all purported liens. Even a mere abbreviation of the name of a party may, in some states, invalidate an attempt to perfect a lien, thereby costing the creditor vital priority and protection for its claims.

#### You can read the full version of the 11th Circuit Court’s decision at:

**Categories:** Practice Updates

---

### [Michigan Supreme Court Landmark Decision on Automotive Supply Contracts](https://wolfsonbolton.com/news-updates/2023/july/michigan-supreme-court-landmark-decision-on-automotive-supply-contracts/)

**Published:** July 18, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Supreme Court’s recent decision in [*MSSC, Inc. v. Airboss Flexible Prods. Co.*](https://urldefense.com/v3/__https:/www.courts.michigan.gov/49fef1/siteassets/case-documents/opinions-orders/msc-term-opinions-(manually-curated)/22-23/mssc-op.pdf__;!!COskAx4!ANJS4Sa5QDFfqSZdgLZwCOn8BnvY4wOaMXHIH8kAS4h_7iBpc_Ea2D7N8wGieUZggOyFT4brwLlVEgxsSQZzPJcqeA$) will have a major impact on the interpretation of contracts between suppliers and customers in the auto industry. The court ruled that a “blanket” purchase order under which the customer, MSSC, would issue releases for specific quantities of parts to its supplier, Airboss, did not create a requirements contract or an obligation on the part of Airboss to accept a release. The court stated that the term “blanket” was not a quantity term, and, without more, either on the face of the purchase order or in the general terms and conditions, did not satisfy the statute of frauds to make the contract enforceable. The “blanket” order was determined to be a release-by-release contractunder which each party was only obligated to buy and sell a specific quantity of parts if the seller, Airboss, accepted a release. The releases were essentially a series of spot buy contracts that either party could “walk away from . . . once a release was fulfilled.”

Suppliers and customers should carefully review their contracts and the terms and conditions governing them to determine whether they are requirements contracts or merely release-by-release contracts, as this distinction could prove to be significant. The experienced attorneys at Wolfson Bolton Kochis PLLC stand ready and able to assist you in navigating this significant change in Michigan law. Please contact Pete Bolton at (248) 247-7104 or .

**Categories:** Practice Updates

**Tags:** Courts

---

### [Anthony J. Kochis To Speak At 24th Annual Central States Bankruptcy Workshop](https://wolfsonbolton.com/news-updates/2017/may/anthony-j-kochis-to-speak-at-24th-annual-central-states-bankruptcy-workshop/)

**Published:** May 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

![Anthony J. Kochis To Speak At 24th Annual Central States Bankruptcy Workshop](https://wolfsonbolton.com/wp-content/uploads/2023/12/AJK-Headshot.2110050438550.jpg)

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.

**Categories:** Firm News

**Tags:** Leadership

---

### [Scott Wolfson Speaks at Federal Bar Association Bankruptcy Seminar](https://wolfsonbolton.com/news-updates/2017/july/scott-wolfson-speaks-at-federal-bar-association-bankruptcy-seminar/)

**Published:** July 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott Wolfson Speaks at Federal Bar Association Bankruptcy Seminar](https://wolfsonbolton.com/wp-content/uploads/2023/12/fba-seal-high-res1.2110051018550.jpg)

Scott A. Wolfson spoke at the Federal Bar Association for the Western District of Michigan’s 29th annual Bankruptcy Seminar held at Boyne Highlands in Harbor Springs, Michigan July 27-29, 2017. Wolfson addressed fraud and non-dischargeability issues in the Chapter 7 Bankruptcy context, including developments following the United States Supreme Court’s decision in Husky International Electronics v. Ritz.

**Categories:** Firm News

**Tags:** Leadership

---

### [Scott A. Wolfson Named to American Bar Association Leadership](https://wolfsonbolton.com/news-updates/2017/august/scott-a-wolfson-named-to-american-bar-association-leadership/)

**Published:** August 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson Named to American Bar Association Leadership](https://wolfsonbolton.com/wp-content/uploads/2023/12/american-bar-assoc-logo.2110051019550.jpg)

Scott A. Wolfson has been named 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.

**Categories:** Firm News

**Tags:** Honors

---

### [Michelle H. Bass Joins Wolfson Bolton PLLC](https://wolfsonbolton.com/news-updates/2017/september/michelle-h-bass-joins-wolfson-bolton-pllc/)

**Published:** September 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

![Michelle H. Bass and Kathleen A. Stearns Join Wolfson Bolton PLLC](https://wolfsonbolton.com/wp-content/uploads/2023/12/MHB-Headshot.2110050456550.png)

Wolfson Bolton PLLC announced that attorneys Michelle Bass and Katie Stearns have joined the law firm. Michelle joins the firm as a senior attorney and will lead the firm’s new consumer bankruptcy practice area. Katie joins the firm as an associate attorney and will be focused primarily on commercial litigation and bankruptcy. The announcement was made by founding member Scott Wolfson.

“We are pleased to welcome both Michelle and Katie to the firm,” said Wolfson. “The expansion into the consumer bankruptcy practice area makes Wolfson Bolton a full-service bankruptcy firm. Michelle’s experience and strong technical expertise are particularly complementary to our existing practice groups. We look forward to her leadership as we develop and grow our consumer practice.”

Michelle is a member of the Consumer Bankruptcy Association and the Oakland County Bar Association. She received her J.D. from the University of Detroit Mercy School of Law and earned her BA in History from the University of Michigan Honors College. She has been recognized by Michigan Super Lawyers as a Rising Star since 2014 and is a frequent speaker on the intersection of bankruptcy and family law topics. She has been on the Board of Directors for Tamarack Camps since 2010 and on its Executive Committee since 2012. Michelle is also a board member of JARC, a non-profit organization whose mission is to enrich the lives of people with disabilities.

Katie previously clerked for Wolfson Bolton and is a recent graduate of Wayne State University Law School, where she was the Professional Development Chair of the Women’s Law Caucus and a member of the Moot Court team. She was also a member of the National Mock Trial team and the National Team Liaison on the Mock Trial Executive Board. She earned her BA in Political Science and Economics from the University of Michigan and was a Legislative Assistant for Michigan Representative Phil Cavanagh. While attending law school, Katie was a judicial intern for U.S. District Court Judge Bernard Friedman and Judge Gerald Rosen in the Eastern District of Michigan, as well as for Michigan Supreme Court Justice Mary Beth Kelly.

**Categories:** Firm News

**Tags:** Staff

---

### [Violation of Intercreditor Agreement Costs Senior Lender its Priority](https://wolfsonbolton.com/news-updates/2017/october/violation-of-intercreditor-agreement-costs-senior-lender-its-priority/)

**Published:** October 2, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

![Violation of Intercreditor Agreement Costs Senior Lender its Priority](https://wolfsonbolton.com/wp-content/uploads/2023/12/21.2111181102550.jpg)

An Illinois Appellate Court recently held that a senior lender that violated the terms of an intercreditor agreement partially relinquished its priority in collateral securing its loan. In Bowling Green Sports Center, Inc. v. G.A.G. LLC, 2017 IL App (2d) 160656, G.A.G. LLC financed the purchase of a bowling alley with loans from Gold Coast Bank and Bowling Green Sports Center, Inc. Gold Coast lent GAG $3.4 million and Bowling Green lent $405,000. Gold Coast and Bowling Green entered into an intercreditor agreement pursuant to which Gold Coast agreed not to amend or modify its loan to GAG without the consent of Bowling Green. In exchange, Bowling Green agreed not to pursue collection of its debt until Gold Coast was paid in full. Despite the agreement, Gold Coast subsequently increased its loan to GAG by $51,000 without notifying Bowling Green. Later, Bowling Green sued GAG to collect its debt and Gold Coast intervened, asserting that the complaint should be dismissed because the intercreditor agreement prohibited Bowling Green from pursuing its claims against GAG until the Gold Coast debt was paid in full.

The trial court agreed and held that Bowling Green’s complaint was premature and could not be brought until Gold Coast’s debt was repaid. On appeal, the appellate court affirmed the lower court’s ruling, but with the modification that the complaint was premature only until the amount of Gold Coast’s debt equaled $51,000. In support of its holding, the court cited numerous cases and the Restatement (Third) of Property for the proposition that a senior lender’s failure to obtain a junior lender’s consent results in a modification of the underlying loan documents being ineffective as to the junior lender and the senior lender relinquishing to the junior lender its priority with respect to the modified terms. The court did not, however, agree with Bowling Green’s assertion that Gold Coast should entirely forfeit its lien priority, as the additional $51,000 loan by Gold Coast “did not substantially impair Bowling Green’s security interest and rights as a junior lienholder.”

The case is a reminder of the importance of carefully drafting intercreditor agreements and, more importantly, adhering to their terms.

**Categories:** Practice Updates

---

### [Wolfson Bolton Earns Tier 1 Rankings In 2018 Edition Of U.S. News - Best Lawyers "Best Law Firms" List](https://wolfsonbolton.com/news-updates/2017/november/wolfson-bolton-earns-tier-1-rankings-in-2018-edition-of-u-s-news-best-lawyers-best-law-firms-list/)

**Published:** November 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

![Wolfson Bolton Earns Tier 1 Rankings In 2018 Edition Of U.S. News - Best Lawyers ](https://wolfsonbolton.com/wp-content/uploads/2023/12/U.S._News_-_World_Report_logo.svg_.2110051026316.png)

Wolfson Bolton is proud to announce that the firm has received Tier 1 Rankings in two categories in the 2018 Edition of U.S. News – Best Lawyers “Best Law Firms” in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, and Litigation – Bankruptcy.

Firms included in the 2018 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

[Click here to view the announcement.](http://mailchi.mp/82733bff7fe0/test-318939)

**Categories:** Firm News

**Tags:** Honors

---

### [Sixth Circuit Stands Alone on Chapter 13 Voluntary Retirement Contributions](https://wolfsonbolton.com/news-updates/2017/november/sixth-circuit-stands-alone-on-chapter-13-voluntary-retirement-contributions/)

**Published:** November 2, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

![Sixth Circuit Stands Alone on Chapter 13 Voluntary Retirement Contributions](https://wolfsonbolton.com/wp-content/uploads/2023/12/44.2111181101550.jpg)

A Miami, Florida District Court Judge recently ruled that a Chapter 13 debtor who is near retirement age may defer over $114,000 in voluntary retirement contributions during the life of his Chapter 13 plan, while paying general unsecured creditors a total of $12,000.00. This ruling follows the majority of Circuits, which allow a Chapter 13 debtor to exclude voluntary retirement contributions from the disposable income calculation, so long as the plan is filed in good faith. The Judge in RESFL Five LLC v. Ulysse, 16-62900 (S.D. Fla. Sept. 29, 2017), based her ruling on the majority view that 11 U.S.C. § 541(b)(7) does not limit a debtor’s ability to make voluntary contributions to a retirement account, whether they be made pre-or post-petition, because the exceptions of § 541(b)(7) are contained within the premise of section § 1306. By contrast, the Sixth Circuit Bankruptcy Appellate Panel’s ruling in In re Seafort, 437 B.R. at 210, focused on Congress’s placement of the exclusion of voluntary contributions within § 541, as opposed to § 1306, and concluded that “§ 541(b)(7) does not exclude income which becomes available post-petition in order to start making contributions to a 401(k) plan.” The panel reasoned that this subsection’s placement within § 541 limited its application to pre-petition contributions. RESFL Five LLC v. Ulysse criticized the Sixth Circuit for relying on the placement of § 541, characterizing § 541 as being “outside” the scope of the Chapter 13 provisions. The Florida District Judge saw no statutory basis for allowing retirement contributions only if the debtor was making them before the bankruptcy started. Moreover, the Judge also considered the fact that the debtor making the voluntary contributions was close to retirement age, and therefore should be allowed to continue making voluntary contributions to his retirement account. To rule otherwise, would deprive the debtor of his fresh start. This case is a reminder that Bankruptcy Courts are courts of equity, and that circuit splits such as this provide for significantly varied outcomes for debtors in otherwise similar situations.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Challenge to Trustee’s Sale of Avoidance Actions Moot](https://wolfsonbolton.com/news-updates/2017/december/challenge-to-trustees-sale-of-avoidance-actions-moot/)

**Published:** December 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

![Challenge to Trustee’s Sale of Avoidance Actions Moot](https://wolfsonbolton.com/wp-content/uploads/2023/12/42.2111181059550.jpg)

A Chapter 7 Trustee’s sale of avoidance actions under sections 544, 547, and 548 of the Bankruptcy Code withstood a challenge by the targets, who claimed that the actions could not be prosecuted by parties other than the trustee, because the targets failed to obtain a stay of the sale order, rendering their appeal moot. In Schepis v. Burtch (In re Pursuit Capital Management), 874 F.3d 124 (3d Cir. 2017), a creditor group purchased avoidance actions against debtor’s insiders after an auction at which the targets also bid. The purchase price included a cash component and the payment of any net recovery to the estate for distribution to all creditors. The targets objected to the sale on three grounds: (1) the bid accepted by the Trustee was not the highest bid; (2) the Trustee did not comply with the auction procedures; and (3) an avoidance claim cannot be prosecuted by parties other than the trustee in a Chapter 7 context. The Bankruptcy Court overruled the targets’ objections. The targets then appealed the sale order without first seeking a stay of the order. The Third Circuit rejected the appeal because the remedy the appellants sought – a ruling that the avoidance powers did not transfer with the claims themselves – could not be granted without impacting the sale’s validity. Therefore, the appeal was statutorily moot under section 363(m) of the Bankruptcy Code. The court noted that “the purpose of section 363(m) is to promote finality of sales,” and that 363(m) “preserves appellate rights only in those rare circumstances where collateral issues not implicating a central or integral element of a sale are challenged.”

**Categories:** Practice Updates

---

### [Significant Assets / Significant Debts – Chapter 13 For The High-Income Earning Individual](https://wolfsonbolton.com/news-updates/2017/december/significant-assets-significant-debts-chapter-13-for-the-high-income-earning-individual/)

**Published:** December 4, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

![Significant Assets / Significant Debts – Chapter 13 For The High-Income Earning Individual](https://wolfsonbolton.com/wp-content/uploads/2023/12/41.2111181100550.jpg)

Many people assume that they do not qualify for bankruptcy relief because they make too much money. They also fear that they will “lose everything” they have worked so hard for all of their lives: art, heirloom jewelry, a whole life insurance policy with a cash value, a summer cottage up north, or a boat. I often counsel individuals who have enjoyed past success, but have been living with significant amounts of credit card debt for years. Eventually, due to a loss of income and/or rising expenses, they no longer are able to make ends meet and something has to give. This doesn’t mean, however, that they have to sacrifice their lifestyle, or any of the things they value and wish to keep for future generations. If you find yourself in such a circumstance, Chapter 13 bankruptcy may be a good option for you. It allows successful, income-earning individuals with valuable assets the ability to pay off their debts over five years. You may be able to consolidate all of your credit cards into one monthly payment without incurring any additional interest during the life of your repayment plan. After five years of payments, or, once all allowed claims are paid off (whichever occurs first), you can emerge from bankruptcy with no credit card debt, and with the ability to live life according to your terms.

**Categories:** Practice Updates

---

### [Reclamation Claim, Even If Valid, Is Primed By Prior Floating Lien](https://wolfsonbolton.com/news-updates/2017/december/reclamation-claim-even-if-valid-is-primed-by-prior-floating-lien/)

**Published:** December 6, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

![Reclamation Claim, Even If Valid, Is Primed By Prior Floating Lien](https://wolfsonbolton.com/wp-content/uploads/2023/12/39.2111181101550.jpg)

Section 2-702 of the Uniform Commercial Code allows a seller of goods to reclaim goods sold to a buyer when the seller discovers that the buyer is insolvent. But what happens when that insolvent buyer files for bankruptcy? In hhgregg, Inc. (Whirlpool Corporation v. Wells Fargo Bank), the Bankruptcy Court for the Southern District of Indiana held that Section 546(c)(1) of the Bankruptcy Code allows the holder of a prior security interest in such goods to prime a reclamation claim. While Section 2-702 of the Uniform Commercial Code references the rights of “good faith purchasers,” Section 546(c)(1) of the Bankruptcy Code references only “the prior rights of a holder of a security interest.” In hhgregg, Inc., Whirlpool sought reclamation of goods that it had sold to the Debtor and commenced an adversary proceeding to recover the goods. Whirlpool argued that hhgregg’s lender, Wells Fargo, was not a “good faith purchaser” and therefore not entitled to the protections of Section 2-702 of the Uniform Commercial Code, but the Bankruptcy Code held that this argument was irrelevant. The “only relevant inquiry . . . is whether Wells Fargo and the DIP Lenders have a valid security interest in the Whirlpool Goods that arose prior to Whirlpool’s reclaim claim.” Finding that Wells Fargo maintained a floating lien on hhgregg’s inventory at all times, the Bankruptcy Court entered judgment in favor of Wells Fargo.

**Categories:** Practice Updates

---

### [Administrative Expense Allowed for Claim Against Assignee for the Benefit of Creditors](https://wolfsonbolton.com/news-updates/2018/january/administrative-expense-allowed-for-claim-against-assignee-for-the-benefit-of-creditors/)

**Published:** January 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Administrative Expense Allowed for Claim Against Assignee for the Benefit of Creditors](https://wolfsonbolton.com/wp-content/uploads/2023/12/11.2111181058550.jpg)

The United States Bankruptcy Court for the Northern District of Illinois recently allowed an administrative expense for a creditor’s claim against an assignee for the benefit of creditors. In *In re Stainless Sales Corp.*, No. 17-bk-03148, 2017 Bankr. LEXIS 4384 (Bankr. N.D. Ill. Dec. 22, 2017), Stainless Sales Corporation assigned all of its property to an assignee under an assignment for the benefit of creditors before its bankruptcy. The assignment included a forklift that Atlas Toyota Material Handling, LLC leased to Stainless Sales. After assigning the property, the assignee sold the forklift at an auction for $15,500 over the protests of Atlas. Before the assignee could turnover the money to Atlas, however, Stainless Sales’ creditors filed an involuntary chapter 11 petition against the company and the case later converted to chapter 7.

After converting, Atlas filed an application for an administrative expense seeking $15,500. While Atlas initially argued that it was entitled to such an expense under 11 U.S.C. § 503(b)(3)(E), or that the court should impose a constructive trust over the funds, at the hearing the discussion shifted to whether Atlas was entitled to protection under 11 U.S.C. § 543(c)(1) when it became clear that Atlas’ initial arguments were unlikely to succeed. Section 543(c)(1) states that the court, after notice and a hearing, shall protect all entities to which a custodian has become obligated with respect to property of the estate. Here, the court held, Atlas was entitled to protection because the assignee (a custodian) was obligated to Atlas (an entity) for the amount of the forklift, which amount constituted property of the bankruptcy estate. To provide protection, the court found a compelling justification to fashion a new type of administrative expense under § 503(b) for Atlas’ claim, noting that the list of expenses included in the statute is non-exhaustive and demonstrative. Accordingly, the court expanded § 503(b) to include claims arising under § 543(c)(1) and allowed Atlas’ claim as an administrative expense.

**Categories:** Practice Updates

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### [Sixth Circuit Clarifies Requirements to Preserve Claims in Bankruptcy](https://wolfsonbolton.com/news-updates/2018/february/sixth-circuit-clarifies-requirements-to-preserve-claims-in-bankruptcy/)

**Published:** February 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Sixth Circuit Clarifies Requirements to Preserve Claims in Bankruptcy](https://wolfsonbolton.com/wp-content/uploads/2023/12/194.2111181058550.png)

The United States Bankruptcy Court for the Northern District of Illinois recently allowed an administrative expense for a creditor’s claim against an assignee for the benefit of creditors. In In re Stainless Sales Corp., No. 17-bk-03148, 2017 Bankr. LEXIS 4384 (Bankr. N.D. Ill. Dec. 22, 2017), Stainless Sales Corporation assigned all of its property to an assignee under an assignment for the benefit of creditors before its bankruptcy. The assignment included a forklift that Atlas Toyota Material Handling, LLC leased to Stainless Sales. After assigning the property, the assignee sold the forklift at an auction for $15,500 over the protests of Atlas. Before the assignee could turnover the money to Atlas, however, Stainless Sales’ creditors filed an involuntary chapter 11 petition against the company and the case later converted to chapter 7.

After converting, Atlas filed an application for an administrative expense seeking $15,500. While Atlas initially argued that it was entitled to such an expense under 11 U.S.C. § 503(b)(3)(E), or that the court should impose a constructive trust over the funds, at the hearing the discussion shifted to whether Atlas was entitled to protection under 11 U.S.C. § 543(c)(1) when it became clear that Atlas’ initial arguments were unlikely to succeed. Section 543(c)(1) states that the court, after notice and a hearing, shall protect all entities to which a custodian has become obligated with respect to property of the estate. Here, the court held, Atlas was entitled to protection because the assignee (a custodian) was obligated to Atlas (an entity) for the amount of the forklift, which amount constituted property of the bankruptcy estate. To provide protection, the court found a compelling justification to fashion a new type of administrative expense under § 503(b) for Atlas’ claim, noting that the list of expenses included in the statute is nonexhaustive and demonstrative. Accordingly, the court expanded § 503(b) to include claims arising under § 543(c)(1) and allowed Atlas’ claim as an administrative expense.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Update on U.S. Department of Transportation Connected Vehicle Pilots](https://wolfsonbolton.com/news-updates/2018/february/update-on-u-s-department-of-transportation-connected-vehicle-pilots/)

**Published:** February 2, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Update on U.S. Department of Transportation Connected Vehicle Pilots](https://wolfsonbolton.com/wp-content/uploads/2023/12/195.2111181057550.png)

On January 12, 2018, the United States Department of Transportation (USDOT) provided an update on the three Connected Vehicle Pilot Programs underway in Wyoming, New York City, and Tampa Bay. The update summarizes the progress of each connected vehicle pilot program and provides an overview of some of the issues that have surfaced, as well as lessons learned. The pilots each have unique areas of focus, with a central theme of improving safety via the utilization of vehicle to vehicle and vehicle to infrastructure technology. Wolfson Bolton is currently assisting with the Tampa Bay pilot program. A presentation on that pilot program was given by the USDOT on January 23, 2018, and a link to the update is provided below. Wolfson Bolton’s experience in the automotive industry provides us the unique ability to assist our clients in collaborating with suppliers and other constituents to provide the insight necessary to navigate this emerging field.

For more information on the Connected Vehicle Pilot Programs: [https://www.its.dot.gov/presentations/trb2018/CVP\_TRB2018\_Final.pdf](https://www.its.dot.gov/presentations/trb2018/CVP_TRB2018_Final.pdf)

For more information related to the Tampa Bay pilot program: [https://itsa.adobeconnect.com/\_a932559885/p3dxm9ox8zml/?launcher=false&fcsContent=true&pbMode=normal](https://itsa.adobeconnect.com/_a932559885/p3dxm9ox8zml/?launcher=false&fcsContent=true&pbMode=normal)

**Categories:** Practice Updates

---

### [Uncodified Best Practices in Consumer Bankruptcy Cases in the Digital Age](https://wolfsonbolton.com/news-updates/2018/february/uncodified-best-practices-in-consumer-bankruptcy-cases-in-the-digital-age/)

**Published:** February 5, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Uncodified Best Practices in Consumer Bankruptcy Cases in the Digital Age](https://wolfsonbolton.com/wp-content/uploads/2023/12/196.2111181057550.png)

In a recent opinion in In re Formosa, 2018 Bankr. LEXIS 124 (Eastern District of Michigan, Case No. 17-46215), Chief Judge Shefferly recommended a standard of practice beyond what the law requires of debtors giving notice of their bankruptcies and creditors foreclosing on their mortgages. The case involved a debtor who filed for Chapter 13 on the eve of a foreclosure sale, and a mortgage company that foreclosed on the property after the automatic stay had gone into effect, but before the company had received notice through the mail. Counsel for the debtor did not e-mail, call, or fax to alert the mortgage company that a case had been filed. The debtor was not under a legal duty to do so. The mortgage company did not conduct a PACER search for a potential bankruptcy filing before foreclosing on the property despite Fannie Mae and Freddie Mac’s guidelines requiring servicers to do so. But no law requires such a search.

To undo the foreclosure, the mortgage company hired bankruptcy counsel who incurred over $12,000 in fees and costs to prepare and file a stipulated rescission of the sale. The mortgage company filed a notice for post-petition mortgage fees and expenses, which the Court considered under Federal Rule of Bankruptcy Procedure 3002.1(e). Typically, a mortgage company’s claim for post-petition mortgage fees and expenses is less than $1,000, is paid through the debtor’s Chapter 13 plan, and causes no disruption of the debtor’s case. In this case, both parties sought to hold the other accountable for the expenses incurred, despite no actual breach of legal duty by either side. The issue before the Court was whether the $12,000 incurred by the mortgage company was required to be paid by the debtor to cure a payment default or to maintain payments under the mortgage in accordance with section 1322(b)(5) of the Bankruptcy Code.

Judge Shefferly awarded $2,500 against the debtor, not as a post-petition mortgage expense, but to be added to the mortgage debt. The Court found that it was necessary for the mortgage company to take steps to protect its interest in the property, but that these steps were not necessary to cure a default or to maintain payments under section 1322. The Judge instructed both parties that they could – and should – have done more to avoid the foreclosure which took place two days after the Chapter 13 bankruptcy was filed:

Both the Debtor and the Bank could have taken action requiring little time and money that would have avoided this entire dispute. The Court encourages each of them to adopt a practice going forward that will prevent this from happening again. Not because the law necessarily requires it, but because it is prudent and reasonable for each of them to do so.
This case serves as a reminder that best practices in bankruptcy cases are not always codified.

**Categories:** Practice Updates

---

### [Michelle H. Bass and Kathleen A. Stearns Join In Reestablishing Michigan Network of IWIRC](https://wolfsonbolton.com/news-updates/2018/april/michelle-h-bass-and-kathleen-a-stearns-join-in-reestablishing-michigan-network-of-iwirc/)

**Published:** April 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Michelle H. Bass and Kathleen A. Stearns Join In Reestablishing Michigan Network of IWIRC](https://wolfsonbolton.com/wp-content/uploads/2023/12/212.2110261231550.png)

Two of Wolfson Bolton’s attorneys, Michelle H. Bass and Kathleen A. Stearns, along with others, took the lead in reestablishing the Michigan Network of the International Women’s Insolvency & Restructuring Confederation after recognizing the benefit of collaborating, fostering, and celebrating women in the bankruptcy, insolvency, and restructuring practice areas.

The International Women’s Insolvency & Restructuring Confederation is a robust international organization that supports relationship-building and provides resources at the global and network levels. Network members include attorneys, bankers, turnaround professionals, financial advisors, and other restructuring practitioners. IWIRC offers a wide variety of events, seminars, career resources, and networking and leadership opportunities.

**Categories:** Firm News

**Tags:** Leadership

---

### [U.S. Supreme Court Narrows Bankruptcy “Safe Harbor” Protections in Clawback Litigation](https://wolfsonbolton.com/news-updates/2018/april/u-s-supreme-court-narrows-bankruptcy-safe-harbor-protections-in-clawback-litigation/)

**Published:** April 2, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![U.S. Supreme Court Narrows Bankruptcy “Safe Harbor” Protections in Clawback Litigation](https://wolfsonbolton.com/wp-content/uploads/2023/12/203.2111181056550.png)

A unanimous U.S. Supreme Court recently narrowed the “safe harbor” protections provided to transferees in claw back litigation typically brought by bankruptcy trustees, liquidating trustees, and creditors’ committees. The case is *Merit Management Group, LP v. FTI Consulting, Inc.,* 138 S. Ct. 883 (2018).

The Bankruptcy Code allows trustees to set aside and recover certain transfers for the benefit of the bankruptcy estate, including the allegedly fraudulent transfer at issue in *Merit Management.* It also sets out a number of limits on the exercise of these avoiding powers, including the securities safe harbor of section 546(e), which provides that “the trustee may not avoid a transfer that is a . . . settlement payment . . . made by or to (for for the benefit of) a . . . financial institution . . . or that is a transfer made by or to (or for the benefit of) a . . . financial institution in connection with a securities contract.”

Valley View Downs and Bedford Downs Management entered into an agreement under which Valley View — if it got the last harness racing license in Pennsylvania — would purchase all of Bedford Downs’ stock for $55 million. Valley View was granted the license and arranged for the Cayman Islands branch of Credit Suisse to wire $55 million to third-party escrow agent Citizens Bank. The Bedford Downs shareholders deposited their stock certificates into escrow with Citizens, which then disbursed the $55 million, including to petitioning shareholder Merit Management.

Valley View, unable to achieve its goal of opening a racetrack casino, eventually filed for Chapter 11 bankruptcy, a trustee (FTI Consulting) was appointed, and FTI sought to avoid the transfer from Valley View to Merit for the sale of Bedford Downs’ stock as a constructively fraudulent transfer under Bankruptcy Code section 548. Merit contended that the 546(e) safe harbor barred FTI from avoiding the transfer because it was a settlement payment made by, to, or for the benefit of two financial institutions, Credit Suisse and Citizens. The District Court agreed with Merit, but the Seventh Circuit reversed holding that the safe harbor did not protect transfers like these where financial institutions served as mere conduits.

The Supreme Court affirmed the Seventh Circuit and held that the only relevant transfer for purposes of the 546(e) safe harbor is the overarching transfer that the trustee seeks to avoid, in this case between Valley View and Merit, not any component of the transfer involving the financial institutions. The safe harbor protects a transfer only if the transferor or the transferee in the transfer to be avoided is itself a financial institution or other covered entity. Since the parties did not contend that either Valley View or Merit was a covered entity under 546(e), its protections were not available as a defense to avoidance.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Post-Bankruptcy Transfers Governed By Date Of Honor Rule](https://wolfsonbolton.com/news-updates/2018/april/post-bankruptcy-transfers-governed-by-date-of-honor-rule/)

**Published:** April 3, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Post-Bankruptcy Transfers Governed By Date Of Honor Rule](https://wolfsonbolton.com/wp-content/uploads/2023/12/204.2111181055550.jpg)

The Ninth Circuit Bankruptcy Appellate Panel joined the Sixth Circuit Court of Appeals in holding that a post-bankruptcy transfer occurs on the date of honor for purposes of Section 549 of the Bankruptcy Code and not the date of delivery. *See Lewis v. Kaelin (In re Cresta Tech. Corp.)*, 2018 Bankr. LEXIS 1057 (B.A.P. 9th Cir. Apr. 6, 2018). In 1992, the Supreme Court ruled in *Barnhill v. Johnson* that the date of honor rule, and not the date of delivery rule, governed when a transfer occurred for purposes of Section 547(b). However, Section 547(b) deals with pre-petition transfers while Section 549 deals with post-petition transfers. The only Circuit Court to address the issue of timing of a post-petition transfer was the Sixth Circuit in *Guinn v. Oakwood Props. (In re Oakwood Mkts.)*, 203 F.3d 406 (6th Cir. 2000). The Ninth Circuit Bankruptcy Appellate Panel overruled pre-*Barnhill* case law and now joins the Sixth Circuit and in holding that the date of honor rule is the relevant date for determining when a transfer occurred for purposes of Section 549.

**Categories:** Practice Updates

---

### [Bankruptcy Court Awards Nearly $100K in Sanctions Against Individual Asserting Estate’s Claims](https://wolfsonbolton.com/news-updates/2018/april/bankruptcy-court-awards-nearly-100k-in-sanctions-against-individual-asserting-estates-claims/)

**Published:** April 5, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Bankruptcy Court Awards Nearly $100K in Sanctions Against Individual Asserting Estate’s Claims](https://wolfsonbolton.com/wp-content/uploads/2023/12/210.2111181055550.png)

A bankruptcy appellate panel of the Sixth Circuit recently affirmed a bankruptcy court’s award of significant sanctions against an individual for asserting claims that were property of the bankruptcy estate. In *Low v. Ransier (In re Nicole Gas Production, Ltd.)*, case no. 15-8053/8055 (B.A.P. 6th Cir. 2018), an individual who was the indirect owner of the debtor corporation brought claims in state court under the Ohio Corrupt Practices Act. The owner claimed that he was asserting damages he had suffered as a shareholder and, therefore, the claims were not property of the bankruptcy estate. The appellate panel disagreed, stating that the lost value of his shares was “nothing more than the corporation’s lost value reduced in proportion to the shareholder’s interest.” Therefore, the claims belonged to the estate of the bankrupt corporation and the owner’s actions violated the automatic stay.

The appellate panel further affirmed the bankruptcy court’s contempt holding and award of sanctions totaling $91,068 in attorney fees and expenses the Trustee incurred as a result of the owner’s stay violation. The owner argued that the award was inappropriate under 11 U.S.C. § 330, which governs compensation for certain professionals in a bankruptcy case. The appellate panel disagreed because the bankruptcy court did not rely on section 330 when awarding the attorney fees. Instead, the court cited its “broad discretion to fashion an appropriate remedy for . . . contempt.” Therefore, the court’s inherent authority as an Article III court enabled it to award fees that were “reasonably and necessarily incurred as a result of \[the owner’s\] persistent attempts to exercise control over property of \[the bankruptcy estate\].”

The opinion is a strong reminder of the significant penalties a non-debtor may incur for asserting claims that belong to the bankruptcy estate.

**Categories:** Practice Updates

**Tags:** Courts

---

### [FCA Prohibited from Asserting Setoff Rights Under Accommodation Agreement](https://wolfsonbolton.com/news-updates/2018/april/fca-prohibited-from-asserting-setoff-rights-under-accommodation-agreement/)

**Published:** April 6, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![FCA Prohibited from Asserting Setoff Rights Under Accommodation Agreement](https://wolfsonbolton.com/wp-content/uploads/2023/12/213.2111181054550.png)

In *Callidus Capital Corp. v. FCA Grp.*, Case No. 14-10484, 2018 U.S. Dist. LEXIS 54193 (E.D. Mich. filed Mar. 30, 2018), the United States District Court for the Eastern District of Michigan recently prohibited FCA Group f/k/a Chrysler Group, LLC from asserting its setoff rights under an accommodation agreement with its supplier. Harvey Industries, LLC and Harvey Industries Die Casting, LLC provided automotive component parts to FCA. When Harvey began struggling financially, it obtained financing from Callidus Capital Corporation. Unfortunately, Harvey continued to struggle, resulting in FCA entering into a Launch Assistance Agreement with Harvey. Under the LAA, FCA agreed to provide certain accommodations to Harvey during the “Term” of the agreement: “FCA shall provide the following accommodations to Harvey from the Effective Date . . . to the earliest of (i) the occurrence of an Event of Default by Supplier hereunder; (ii) completion of a Successful Transition . . .; or (iii) December 31, 2013 (the ‘Term’).” In exchange, FCA agreed to, among other things, forego its right to setoff damages against accounts payable owing to Harvey arising during the Term.

On October 7, 2013, Harvey allegedly defaulted under the LAA. Interpreting the above provision, FCA argued, the “Term” of the agreement ended upon Harvey’s event of default, meaning FCA could exercise its setoff rights. Callidus, on the other hand, interpreted the agreement differently, claiming that the “Term” of the agreement ended on December 31, 2013. The issue presented to the court, therefore, was whether the parenthetical reference to the “Term” in the agreement related to and modified all three clauses in the paragraph or related to and modified only the immediate “from the Effective Date . . . to the earliest of . . . (iii) December 31, 2013” clause. After analyzing several contextual clues, such as the lack of punctuation between “December 31, 2013” and “(the ‘Term’),” the location of the definitional parenthetical in relation to other provisions of the agreement, and the fact that the parties used parenthetical phrases throughout the LAA to refer to or modify an immediately preceding antecedent, the court agreed with Callidus’ interpretation of the agreement and held that the unambiguous language of the agreement indicated that the “Term” began on May 21, 2013 and ended on December 31, 2013, meaning FCA could not assert its setoff rights during that time period.

**Categories:** Practice Updates

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### [Counterclaims Asserted by Borrower Not a Defense to Guarantors' Liability](https://wolfsonbolton.com/news-updates/2018/june/counterclaims-asserted-by-borrower-not-a-defense-to-guarantors-liability/)

**Published:** June 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Counterclaims Asserted by Borrower Not a Defense to Guarantors' Liability](https://wolfsonbolton.com/wp-content/uploads/2023/12/228.2111181054550.jpg)

In *Capital One Taxi Medallion Fin. v Corrigan, 147 A.D.3d 677, 2017 N.Y. App. Div. LEXIS 1470,* the court was asked to decide whether guarantors could use issues raised by the borrower in a separate action as a defense to the lender’s summary judgment motion against them. The loan financed taxi medallions. The borrower alleged that the lender breached its obligations by not approving approve loan advances and withdrawing from financing taxi medallions. The court held that the guarantors remained liable under the guaranties and that the alleged violations of the loan agreement asserted by the borrower were counterclaims against the lender, not defenses to payment of the outstanding obligations. Because the guarantors had guaranteed the payment of the borrower’s obligations, the court ruled that there was no issue of fact regarding the lender’s summary judgment motion.

**Categories:** Practice Updates

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### [Anthony J. Kochis Attends State Bar of Michigan Litigation Summer Conference](https://wolfsonbolton.com/news-updates/2018/june/anthony-j-kochis-attends-state-bar-of-michigan-litigation-summer-conference/)

**Published:** June 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Adam L. Kochenderfer and Anthony J. Kochis Attend State Bar of Michigan Litigation Summer Conference](https://wolfsonbolton.com/wp-content/uploads/2023/12/230.2110261238550.png)

Anthony J. Kochis attended the State Bar of Michigan Litigation Summer Conference on Mackinac Island on June 8th-10th. The conference focused on the interplay between character and competencies and how they combine to build trust in client relationships. The speaker identified key drivers of success in attorney/client relationships.

**Categories:** Firm News

**Tags:** Leadership

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### [Scott A. Wolfson to Speak at Wolfson Bolton Sponsored American Bankruptcy Institute Conference](https://wolfsonbolton.com/news-updates/2018/june/scott-a-wolfson-to-speak-at-wolfson-bolton-sponsored-american-bankruptcy-institute-conference/)

**Published:** June 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson to Speak at Wolfson Bolton Sponsored American Bankruptcy Institute Conference](https://wolfsonbolton.com/wp-content/uploads/2023/12/229.2110261237550.jpg)

Scott A. Wolfson will speak at the American Bankruptcy Institute’s 25th Annual Central States Bankruptcy Workshop in Lake Geneva, Wisconsin on Friday, June 8th and Saturday, June 9th. Wolfson will speak on a panel titled, “Retail Restructuring and Liquidation.” The panel will discuss strategies and key topics involving the restructuring or liquidation of retail operations. The panelists will address landlord issues and claims, as well as the interplay of §§ 363 and 365, and will provide war stories from recent retail bankruptcies.

Wolfson Bolton is a sponsor of the conference and is hosting a coffee break Friday morning where participants will receive a complimentary Yeti travel mug.

**Categories:** Firm News

**Tags:** Leadership

---

### [Scott A. Wolfson Recognized by DBusiness as 2018 Top Lawyer in Fields of Mediation and Bankruptcy and Creditor/Debtor Rights Law](https://wolfsonbolton.com/news-updates/2018/june/scott-a-wolfson-recognized-by-dbusiness-as-2018-top-lawyer-in-fields-of-mediation-and-bankruptcy-and-creditor-debtor-rights-law/)

**Published:** June 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson Recognized by DBusiness as 2018 Top Lawyer in Fields of Mediation and Bankruptcy and Creditor/Debtor Rights Law](https://wolfsonbolton.com/wp-content/uploads/2023/12/300.2110261319550.png)

Scott A. Wolfson was recognized by DBusiness as a Top Lawyer in 2018 in the fields of Mediation and Bankruptcy and Creditor/Debtor Rights Law. DBusiness polled 19,000 attorneys in Wayne, Oakland, Macomb, Washtenaw, and Livingston counties to determine the Top Lawyers in 50 legal specialties.

Mr. Wolfson combines his extensive experience with his practical communication style to effectively mediate bankruptcy and commercial disputes. He is an appointed member of the Mediation Panel of the U.S. Bankruptcy Court for the Eastern District of Michigan and has been appointed by state court trial judges to settle disputes out of court. Mr. Wolfson also serves as an arbitrator.

In the Bankruptcy and Creditor/Debtor Rights Law field, Mr. Wolfson has a diverse practice, representing a wide range of parties in complex bankruptcy and reorganization proceedings including out-of-court workouts, assignments for the benefit of creditors, and receiverships. He speaks and writes often for the American Bankruptcy Institute, is Chair of the Rules Subcommittee of the American Bar Association’s Business Bankruptcy Committee, and was named Litigation-Bankruptcy “Lawyer of the Year” in Troy by The Best Lawyers in America in 2017.

**Categories:** Firm News

**Tags:** Honors

---

### [Sixth Circuit Suggests Zero Tolerance for Penalties Incurred In Connection with Fraud](https://wolfsonbolton.com/news-updates/2018/june/sixth-circuit-suggests-zero-tolerance-for-penalties-incurred-in-connection-with-fraud/)

**Published:** June 4, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Sixth Circuit Suggests Zero Tolerance for Penalties Incurred In Connection with Fraud](https://wolfsonbolton.com/wp-content/uploads/2023/12/233.2111181052550.jpg)

On May 29, 2018, the Sixth Circuit Court of Appeals ruled that penalties and fines incurred in connection with fraudulently obtained unemployment benefits are non-dischargeable in Chapter 13 cases. In *Andrews v. Michigan Unemployment Insurance Agency* and *Kozlowski v. Michigan Unemployment Insurance Agency*, case nos. 16-2383/2680 (6th Cir. 2018), the debtors received unemployment benefits from the State of Michigan, but failed to advise that they were also receiving income from employment. The debtors were assessed fines on the grounds that they fraudulent obtained benefits from the state, and filed for Chapter 13 bankruptcies thereafter.

The Sixth Circuit held that these fines were non-dischargeable because the debts were incurred under false pretenses, false representation or actual fraud. Consumer debtors should take note that under this analysis, *any* debt arising from fraud may be found non-dischargeable in a Chapter 13 proceeding, regardless of narrow exceptions that may be carved out under other sections of the Bankruptcy Code.

**Categories:** Practice Updates

**Tags:** Courts

---

### [U.S. Supreme Court: False Statements about a Single Asset Must Be in Writing for Nondischargeability](https://wolfsonbolton.com/news-updates/2018/june/u-s-supreme-court-false-statements-about-a-single-asset-must-be-in-writing-for-nondischargeability/)

**Published:** June 11, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![U.S. Supreme Court: False Statements about a Single Asset Must Be in Writing for Nondischargeability](https://wolfsonbolton.com/wp-content/uploads/2023/12/231.2111181054550.jpg)

In a 9-0 decision, the U.S. Supreme Court settled a circuit court split over whether a false statement about a single asset qualifies as a “statement respecting the debtor’s financial condition” under 11 U.S.C. § 523(a)(2)(B). In *Lamar, Archer, & Cofrin, LLP v. Appling*, 16-1215 (Sup. Ct. June 4, 2018), the Court held that a statement about one asset can be considered a “statement respecting the debtor’s financial condition.” Therefore, if the statement is not in writing, the associated debt may be discharged, even if the statement is false.

The debtor, Scott Appling, fell behind on bills owed to his law firm, Lamar, Archer, & Cofrin, LLP (“Lamar”). He told the firm that he could pay his bills with an expected tax refund. Based on this representation, Lamar continued to provide legal services to Mr. Appling. However, Mr. Appling spent the refund on business expenses instead of paying his lawyers. He falsely stated that he had not received the refund. Lamar sued and obtained a judgment. Shortly thereafter, the Applings filed for Chapter 7 bankruptcy.

Lamar initiated an adversary proceeding, arguing that the debt to the law firm was nondischargeable under 11 U.S.C. § 523(a)(2)(A), which bars discharge of specified debts arising from “false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s . . . financial condition.” Under this section, the representations may be oral or written to establish grounds for nondischargeabilty.

Mr. Appling argued that a statement about a single asset qualifies as a statement “respecting” the debtor’s “financial condition” under 11 U.S.C. § 523(a)(2)(B), and therefore must be in writing to establish grounds for nondischargeability. Lamar contended that only statements about a debtor’s overall financial condition fall within § 523(a)(2)(B), not statements about a single asset.

Justice Sotomayor, delivering the opinion of the Court, stated that “respecting” “generally has a broadening effect” ensuring that a provision’s scope covers not only its subject, but also matters relating to that subject. She went on to explain that a statement is “respecting” the debtor’s financial condition “if it has a direct relation to or impact on the debtor’s overall financial condition.” A single asset has a direct relation to a debtor’s aggregate financial condition and can help indicate whether a debtor is solvent or insolvent. Thus, a statement regarding a single asset is a statement “respecting” the debtor’s “financial condition” and must be in writing to establish grounds for nondischargeability.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Michelle H. Bass Authors Article Featured in August 2018 Issue of the American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2018/july/michelle-h-bass-authors-article-featured-in-august-2018-issue-of-the-american-bankruptcy-institute-journal/)

**Published:** July 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Michelle H. Bass Authors Article Featured in August 2018 Issue of the American Bankruptcy Institute Journal](https://wolfsonbolton.com/wp-content/uploads/2023/12/MHB-Headshot.2110050456550.png)

Michelle H. Bass’ article, “A Fresh Start with Flexibility” was published in the August 2018 issue of the American Bankruptcy Institute Journal. The article explores the majority and minority viewpoints on the use of 11 U.S.C. § 1329 to modify a confirmed Chapter 13 plan to surrender collateral, and reclassify the underlying debt as an unsecured claim.

Click [here](https://cloud.3dissue.com/177672/178064/207781/2018-August-Journal/index.html?page=18) to read the article.

**Categories:** Firm News

**Tags:** Leadership

---

### [Wolfson Bolton Represents Nassar Survivor](https://wolfsonbolton.com/news-updates/2018/july/wolfson-bolton-represents-nassar-survivor/)

**Published:** July 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Wolfson Bolton Represents Nassar Survivor](https://wolfsonbolton.com/wp-content/uploads/2023/12/234.2110261238550.jpg)

Wolfson Bolton recently filed a lawsuit on behalf of one of the survivors of Larry Nassar’s abuse. The defendants include Michigan State University and USA Gymnastics. Attorney Adam Kochenderfer is leading the litigation team, drawing on the firm’s deep experience in high-profile disputes. “As a father of two daughters, I can’t imagine what these young athletes and their families have been through,” says Kochenderfer. “We will bring our full resources to bear on this matter and vigorously represent our client’s interest.”

**Categories:** Firm News

**Tags:** Clients

---

### [Claims Traders Beware, Anti-Assignment Clauses May Bite](https://wolfsonbolton.com/news-updates/2018/july/claims-traders-beware-anti-assignment-clauses-may-bite/)

**Published:** July 2, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Claims Traders Beware, Anti-Assignment Clauses May Bite](https://wolfsonbolton.com/wp-content/uploads/2023/12/239.2111181052550.jpg)

The U.S. Bankruptcy Court for the District of Delaware recently issued an opinion of particular importance to those in the claims trading market: *In re Woodbridge Grp. of Cos., LLC*, No. 17-12560 (KJC), 2018 Bankr. LEXIS 1904 (Bankr. D. Del. June 20, 2018). The Court addressed three issues: (1) whether an anti-assignment clause contained in a promissory note is a valid restriction on assignment rights under Delaware law; (2) whether a non-breaching party to a promissory note in payment default is bound by an anti-assignment clause while seeking to enforce the note in bankruptcy through a proof of claim; and (3) whether the Uniform Commercial Code (“UCC”) overrides and nullifies an anti-assignment clause in a promissory note. Upon evaluating each issue, the Court determined that the anti-assignment clause in question was enforceable, expunged an invalid note transfer, and sustained the debtors’ claim objection.

In 2016 and 2017, Woodbridge issued three promissory notes to the Berlingers, each containing an anti-assignment clause prohibiting assignment of the note and all related instruments without the borrower’s (Woodbridge’s) written consent. Woodbridge defaulted on the notes. After Woodbridge filed for bankruptcy, the Berlingers sold the promissory notes to Contrarian Funds, LLC. Contrarian filed a proof of claim, to which Woodbridge objected.

The Court began by stating that the “modern claims trading industry is robust and fruitful.” While Delaware courts recognize the validity of clauses limiting a party’s ability to assign its rights, they generally construe such provisions narrowly. “The modern approach to assignment clauses is to distinguish between the *power* to assign and the *right* to assign.” When a contract limits a party’s *right* to assign instead of the *power* to assign, the assignment is valid and enforceable, but generates a breach of contract action that the non-assigning party may bring against the party assigning its interest. The anti-assignment clause at issue limited the *power* to assign, therefore the court determined that the note transfer was void.

The Court then rejected Contrarian’s argument that even if the anti-assignment clause were legally valid, Woodbridge could not enforce the clause because Woodbridge defaulted on its obligation to pay and materially breached the agreement. Judge Kevin Carey made it clear that a non-breaching party does not emerge post-breach with more rights than it had pre-breach. Specifically, a claim purchaser holds the claim subject to the same rights and disabilities as the original claimant. In the case at bar, the “disability” occurred at the time of the initial violation of the anti-assignment clause and travelled with the transferred claim to Contrarian. Finally, the Court rejected Contrarian’s argument that the UCC should override the anti-assignment clause, holding that the UCC was not applicable.

Ultimately, the Court sustained the claim objection and voided the transfer from the Berlingers to Contrarian. The Berlingers retained their right to assert a proof of claim.

**Categories:** Practice Updates

---

### [The Best Lawyers in America Honors Scott A. Wolfson and Peter C. Bolton](https://wolfsonbolton.com/news-updates/2018/august/the-best-lawyers-in-america-honors-scott-a-wolfson-and-peter-c-bolton/)

**Published:** August 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![The Best Lawyers in America Honors Scott A. Wolfson and Peter C. Bolton](https://wolfsonbolton.com/wp-content/uploads/2023/12/18.2110261209550.png)

Scott A. Wolfson and Peter C. Bolton have been selected for inclusion in the 2019 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.”

**Categories:** Firm News

**Tags:** Honors

---

### [Bankruptcy Court Disallows Secured Creditor’s Claim for Prepayment Penalty](https://wolfsonbolton.com/news-updates/2018/september/bankruptcy-court-disallows-secured-creditors-claim-for-prepayment-penalty/)

**Published:** September 3, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Bankruptcy Court Disallows Secured Creditor’s Claim for Prepayment Penalty](https://wolfsonbolton.com/wp-content/uploads/2023/12/249.2111181051550.jpg)

A bankruptcy court recently disallowed a secured creditor’s claim for a prepayment penalty due to the creditor exercising its acceleration rights before the debtor filed for bankruptcy. In *In re Tara Retail Group, LLC*, No. 17-bk-57, 2018 Bankr. LEXIS 2854 (Bankr. N.D. W. Va. Sept. 19, 2018), the debtor borrowed $13,650,000 under a loan agreement and note. The agreement provided for the payment of a prepayment penalty if the debtor tendered a prepayment during the continuation of an event of default. The agreement further permitted the secured creditor to declare all obligations owing to it immediately due and payable upon an event of default. After a historic flood washed away the only commercially reasonable access to the debtor’s property, the debtor defaulted on its loan and the secured creditor invoked its acceleration rights by declaring all obligations owing to it immediately due and payable. The debtor subsequently filed for bankruptcy and the creditor filed a proof of claim seeking, among other things, $3,139,776.71 as a prepayment penalty.

In disallowing the secured creditor’s claim for a prepayment penalty, the court interpreted the language of the underlying loan agreement and held that the creditor forfeited its right to a prepayment penalty when it exercised its acceleration rights. Specifically, the court held that the acceleration effectively modified the maturity date of the note to the date of acceleration, making a “prepayment” impossible. The court held that the language of the agreement did “not specifically require the payment of the premium based upon the acceleration of the \[n\]ote. Rather, in the court’s view, the relevant language contemplate\[d\] a ‘prepayment’ during an event of default in the absence of an accelerated \[n\]ote.” Simply put, the relevant provisions of the loan agreement did not entitle the creditor to a prepayment premium because the debtor could no longer “prepay” the note. Based on the court’s reasoning, a secured creditor may experience a different result if its loan agreement expressly provides for the payment of a prepayment penalty upon acceleration.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Sixth Circuit Bankruptcy Court Discharges Student Loan Debt for “Functionally Disabled” Debtor](https://wolfsonbolton.com/news-updates/2018/october/sixth-circuit-bankruptcy-court-discharges-student-loan-debt-for-functionally-disabled-debtor/)

**Published:** October 5, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Sixth Circuit Bankruptcy Court Discharges Student Loan Debt for “Functionally Disabled” Debtor](https://wolfsonbolton.com/wp-content/uploads/2023/12/257.2111181050550.jpg)

A debtor’s ability to discharge student loan debt gained traction in an October 4, 2018 opinion by Bankruptcy Judge Mary Ann Whipple of Toledo, Ohio. In *In re Pierson*, 17-3096 (Bankr. N.D. Ohio Oct. 4, 2018), the Bankruptcy Court found that the Chapter 7 debtor, a bi-polar manic-depressive living below the poverty level with two dependents, satisfied the elements required to demonstrate an undue hardship if he were forced to repay his student loans. This is despite the fact that the debtor’s lender approved an income-based repayment plan requiring $0.00 monthly payments.

Under the *Brunner* test adopted by the Sixth Circuit in 2005, a debtor seeking to invoke the non-dischargeability exception contained in 11 U.S.C. § 523(a)(8) must prove each of the following three elements:

 (1) that the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for \[himself\] and \[his\] dependents if forced to repay the loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) that the debtor has made good faith efforts to repay the loans. *Brunner v. New York State Higher Education Services Corp*., 831 F.2d 395, 385 (2d Cir. 1987).

 The issue of whether the debtor could sufficiently demonstrate the existence of an undue hardship was hotly contested by his lender. The lender argued that under the first prong of *Brunner*, no hardship existed because no payment was required. Under the second and third prongs, the lender asserted that despite his established emotional disorder and learning disability, the debtor may become more financially successful if he relocated to another state in order to pursue jobs with a higher earning potential. The lender further argued that without taking this step, the debtor had not made all reasonable efforts to repay his student loan debt.

 The fact-intensive trial in the case yielded the following additional facts, which drove Judge Whipple’s finding of an undue hardship: the debtor’s total household net income was only $1,161.00 per month, or, $13,932.00 per year; his home was lacking basic amenities, such as a functioning furnace and stove; he had medical problems and no health insurance with which to pay for medical or dental bills; his annual gross income at age 47 never exceeded $16,985.00 in a given year; he failed a reading test over twenty years ago, and was unable to complete his post-secondary education; finally, after losing his job at a 7-11, despite his learning disability and emotional disorder, he persisted to find his current part-time job as a package handler for FedEx.

Judge Whipple ruled that the debtor met prong one, *even though* he was approved by the lender for an income-based repayment plan with no payment. While the lender argued that the repayment plan did not require the debtor to alter his standard of living under the plain meaning of the statute, Judge Whipple found that the debtor’s standard of living was nonetheless below the poverty level. With regard to prongs two and three, the court ruled that the debtor was “not acting unreasonably or unfairly to his student loan holder by continuing to make and try to build a life in Toledo.” Evidence that the debtor had made some payment on the loans was also presented, mitigating the third prong. Of equal importance toward the court’s finding of good faith in this case was the fact that the debtor’s bankruptcy filing was not precipitated by the student loans: the debtor filed for relief in reaction to a wage garnishment by a former landlord with a judgment.

This is a significant opinion for debtors who face insurmountable circumstances that prevent them from repaying their student loan debt. It is indicative of the inroads made by debtors whose circumstances warrant the relief available under 11 U.S.C. § 523(a)(8).

**Categories:** Practice Updates

**Tags:** Courts

---

### [Anthony J. Kochis Speaks at Hon. Steven W. Rhodes Consumer Bankruptcy Conference](https://wolfsonbolton.com/news-updates/2018/november/anthony-j-kochis-speaks-at-hon-steven-w-rhodes-consumer-bankruptcy-conference/)

**Published:** November 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Anthony J. Kochis Speaks at Hon. Steven W. Rhodes Consumer Bankruptcy Conference](https://wolfsonbolton.com/wp-content/uploads/2023/12/259.2110261249550.jpg)

Anthony J. Kochis spoke at the Hon. Steven W. Rhodes Consumer Bankruptcy Conference in Troy, Michigan on November 12th, 2018. The panel discussion concentrated on prosecuting and defending § 523 Adversary Proceedings, including strategies for filing motions to dismiss and motions for summary judgment, understanding when collateral estoppel or *res judicata* from prior litigation has an effect, and discovery issues and trial strategies.

**Categories:** Firm News

**Tags:** Leadership

---

### [Sixth Circuit Establishes a Two-Prong Test for Finality in Bankruptcy Appeals](https://wolfsonbolton.com/news-updates/2018/november/sixth-circuit-establishes-a-two-prong-test-for-finality-in-bankruptcy-appeals/)

**Published:** November 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Sixth Circuit Establishes a Two-Prong Test for Finality in Bankruptcy Appeals](https://wolfsonbolton.com/wp-content/uploads/2023/12/258.2111181049550.jpg)

The Sixth Circuit Court of Appeals recently addressed the issue of finality in bankruptcy appeal cases. In *Ritzen Group, Inc. v. Jackson Masonry, LLC*, case nos. 18-5157/5161 (6th Cir. 2018), the court established a two-prong test that should be applied when considering timing of an appeal from a bankruptcy court. The test is that “a bankruptcy court’s order may be immediately appealed if it is (1) ‘entered in a . . . proceeding’ and (2) ‘final’—terminating that proceeding.” A “proceeding” is defined as “a discrete dispute within the overall bankruptcy case, resolved through a series of procedural steps.” A proceeding is “final” when “it is both procedurally complete and determinative of substantive rights.”

The motion to lift the automatic stay filed by Ritzen in the underlying case was found to be a “proceeding” and the order denying the motion was a “final” order. The Sixth Circuit determined that because the decision was final, it should have been appealed within fourteen days. Because Ritzen failed to meet that deadline, the Sixth Circuit affirmed the district court’s decision that the appeal was untimely. This recent opinion provides some clarity in determining the trigger for appeal deadlines.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Delaware Supreme Court Holds Operating Agreement May Void Related Party Contract](https://wolfsonbolton.com/news-updates/2018/december/delaware-supreme-court-holds-operating-agreement-may-void-related-party-contract/)

**Published:** December 3, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

![Delaware Supreme Court Holds Operating Agreement May Void Related Party Contract](https://wolfsonbolton.com/wp-content/uploads/2023/12/263.2111181049550.jpg)

The Delaware Supreme Court recently held that a limited liability company’s operating agreement may void a contract entered into between the company and a related party. In *CompoSecure, LLC v. CardUX, LLC*, 2018 Del. LEXIS 496 (Del. Nov. 7, 2018), one of CompoSecure, LLC’s directors founded CardUX, LLC for the purpose of marketing and selling CompoSecure’s metal credit cards. The parties memorialized their arrangement with a written sales agreement, under which CompoSecure agreed to pay CardUX commissions in exchange for sales. CompoSecure then received a lucrative order from Amazon, resulting in significant commissions owing to CardUX. CompoSecure, however, refused to pay. CardUX subsequently filed suit and received a $17 million judgment against CompoSecure.

At the trial court level, CompoSecure primarily argued that its failure to comply with a “related party provision”—which required the approval of the company’s directors, investors, and certain of its members to enter into a related party transaction—rendered the sales agreement invalid. The trial court disagreed, holding that CompoSecure’s failure to comply with the provision rendered the agreement voidable, and that the company impliedly ratified the agreement, resulting in liability to CompoSecure. On appeal, CompoSecure shifted its position. Rather than focusing on the related party provision, CompoSecure argued that a separate “restricted activities provision” voided the agreement, as that provision explicitly voided any contract entered into by the company that required the company to make expenditures in excess of $500,000 a year if the company’s directors, investors, and certain of its members failed to approve the contract. The Delaware Supreme Court agreed: while the common law rule rendered the agreement voidable under the related party provision, the express language of the restricted activities provision trumped the common law rule and could render the agreement void and incapable of being ratified. The court ultimately remanded the case to the trial court to determine whether the sales agreement constituted a restricted activity within the meaning of the company’s operating agreement.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Eric A. Zacks Co-Wrote Casebook Titled “Contracts In Context: From Transaction To Litigation”](https://wolfsonbolton.com/news-updates/2019/march/eric-a-zacks-co-wrote-casebook-titled-contracts-in-context-from-transaction-to-litigation/)

**Published:** March 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Eric A. Zacks Co-Wrote Casebook Titled “Contracts In Context: From Transaction To Litigation”](https://wolfsonbolton.com/wp-content/uploads/2023/12/EAZ-Headshot.2110050458556.jpg)

Eric A. Zacks co-wrote the casebook “Contracts in Context: From Transaction to Litigation” with Nadelle Grossman of Marquette University Law School, which was recently published by Aspen. This new casebook focuses on the transactional nature of contracts. In addition to describing the law of contracts and how the law is applied in litigation, the new casebook explores why parties enter into contracts, how written contracts are customarily structured, and why and how parties use contract design and terms to achieve their goals. Find out more about the book [here](https://www.aspenpublishing.com/grossman-contracts).

**Categories:** Firm News

**Tags:** Leadership

---

### [Supreme Court: Trademark Use Contract Rights Survive Rejection](https://wolfsonbolton.com/news-updates/2019/may/supreme-court-trademark-use-contract-rights-survive-rejection/)

**Published:** May 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Supreme Court: Trademark Use Contract Rights Survive Rejection](https://wolfsonbolton.com/wp-content/uploads/2023/12/284.2111181049550.jpg)

The Supreme Court’s recent decision in *Mission Product Holdings v. Tempnology* clarifies what happens to contractual rights upon a debtor’s rejection of a contract under Section 365 of the Bankruptcy Code. The question before the Court was whether a debtor trademark-licensor’s rejection of a licensing agreement deprived the licensee of the licensee’s rights to use the trademark. The Court held that rejection did *not* because a rejection breaches a contract but does not rescind it. “And that means all the rights that would ordinarily survive a contract breach . . . remain in place.”

Justice Kagan wrote the 8-1 opinion for the Court. She reasoned that Section 365 reflects a general bankruptcy rule that the bankruptcy estate cannot possess anything more than the debtor itself did outside bankruptcy. Noting that rejection “constitutes a breach” under Section 365(g), the Court held that a debtor’s rejection has the same effect as it would outside of bankruptcy. “Such an act cannot rescind rights that the contract previously granted. Here, that construction of Section 365 means that the debtor-licensor’s rejection cannot revoke the trademark license.”

The case decides a central issue in reorganizations and provides important guidance for practitioners.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Michelle H. Bass Speaks at American Bankruptcy Institute 26th Annual Central States Bankruptcy Workshop](https://wolfsonbolton.com/news-updates/2019/june/michelle-h-bass-speaks-at-american-bankruptcy-institute-26th-annual-central-states-bankruptcy-workshop/)

**Published:** June 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Michelle H. Bass Speaks at American Bankruptcy Institute 26th Annual Central States Bankruptcy Workshop](https://wolfsonbolton.com/wp-content/uploads/2023/12/276.2110261256550.jpg)

Michelle H. Bass spoke at the 26th Annual ABI Central States Bankruptcy Workshop in Traverse City, Michigan on June 15, 2019. The plenary session panel focused on the ethical considerations involved when representing vulnerable clients in bankruptcy proceedings. The panelists discussed the relevant ABA Model Rules of Professional Conduct, shared their personal experiences from working on cases involving vulnerable debtors, and offered attendees standards for best practices on when to accept or decline representation of a prospective vulnerable client.

**Categories:** Firm News

**Tags:** Leadership

---

### [Wolfson Bolton Celebrates 10th Anniversary](https://wolfsonbolton.com/news-updates/2019/june/wolfson-bolton-celebrates-10th-anniversary/)

**Published:** June 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Wolfson Bolton Celebrates 10th Anniversary](https://wolfsonbolton.com/wp-content/uploads/2023/12/288.2110261303550.png)

As we embark on our second decade, we want to thank all of you who have been a part of our success, including clients, employees, colleagues, mentors, and friends.

You have all played an instrumental role in creating what we have become today and will become tomorrow.

Thank you for your trust; we look forward to continuing to earn it.

**Categories:** Firm News

**Tags:** News

---

### [Suzana Dema Named 2019 Unsung Legal Hero By Michigan Lawyers Weekly](https://wolfsonbolton.com/news-updates/2019/june/suzana-dema-named-2019-unsung-legal-hero-by-michigan-lawyers-weekly/)

**Published:** June 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![](https://wolfsonbolton.com/wp-content/uploads/2023/12/SD.1.2110050508550-scaled.jpg)

Suzana Dema was honored in Michigan Lawyers Weekly as a 2019 Unsung Legal Hero for consistently going above and beyond the call of duty, often behind the scenes. This award is reserved for the state’s most talented and dedicated legal support professionals. This class represents several aspects of legal support, including accounting, law librarians, paralegals, legal secretaries, firm administrators, information technology, and legal marketing.

View more information[ here.](https://wolfsonbolton.com/images/blog/MI-Unsung-2019-WEB__002_.pdf)

**Categories:** Firm News

**Tags:** Honors

---

### [Michelle Bass Honored by Michigan Lawyers Weekly as 2019 Woman in the Law](https://wolfsonbolton.com/news-updates/2019/july/michelle-bass-honored-by-michigan-lawyers-weekly-as-2019-woman-in-the-law/)

**Published:** July 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Michelle Bass Honored by Michigan Lawyers Weekly as 2019 Woman in the Law](https://wolfsonbolton.com/wp-content/uploads/2023/12/MHB-Headshot.2110050456550.png)

Michelle Bass has been honored by Michigan Lawyers Weekly as one of its 2019 Women in the Law. The honorees have made outstanding contributions to the practice of law in Michigan and set an example for other lawyers. They have demonstrated tremendous leadership and offer a wealth of expertise in many areas of the law.

A luncheon celebrating the Class of 2019 will be held September 5 at the Detroit Marriott in Troy. The “Woman of the Year,” selected by a vote of the class, will be announced at the event. The honorees will be profiled in a special section appearing in the September 9 issue of Michigan Lawyers Weekly.

**Categories:** Firm News

**Tags:** Honors

---

### [Scott A. Wolfson and Peter C. Bolton Named to Best Lawyers 2020](https://wolfsonbolton.com/news-updates/2019/august/scott-a-wolfson-and-peter-c-bolton-named-to-best-lawyers-2020/)

**Published:** August 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson and Peter C. Bolton Named to Best Lawyers 2020](https://wolfsonbolton.com/wp-content/uploads/2023/12/18.2110261209550.png)

Scott A. Wolfson and Peter C. Bolton have been recognized in the 2020 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. Scott 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. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 94,000 industry leading lawyers are eligible to vote (from around the world), and Best Lawyers received over 11 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2020 Edition of The Best Lawyers in America©, 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore 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.”

**Categories:** Firm News

**Tags:** Honors

---

### [Scott A. Wolfson Appointed Member of American Bankruptcy Institute Journal Editorial Board](https://wolfsonbolton.com/news-updates/2019/september/scott-a-wolfson-appointed-member-of-american-bankruptcy-institute-journal-editorial-board/)

**Published:** September 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson Appointed Member of American Bankruptcy Institute Journal Editorial Board](https://wolfsonbolton.com/wp-content/uploads/2023/12/300.2110261319550.png)

Scott A. Wolfson has been appointed as a member of the American Bankruptcy Institute Journal Editorial Board. He is a Coordinating Editor of Problems in the Code, which highlights areas of the Bankruptcy Code and Rules that have proven to be problematic in theory or application and offers solutions.

**Categories:** Firm News

**Tags:** Appointments

---

### [Super Lawyers Recognizes Four Wolfson Bolton Attorneys](https://wolfsonbolton.com/news-updates/2019/september/super-lawyers-recognizes-four-wolfson-bolton-attorneys/)

**Published:** September 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Super Lawyers Recognizes Four Wolfson Bolton Attorneys](https://wolfsonbolton.com/wp-content/uploads/2023/12/295.2110261314550.png)

Wolfson Bolton is proud to announce that Super Lawyers has recognized five of its attorneys. The Wolfson Bolton attorneys that have been honored are:

[**Scott A. Wolfson**](/who-we-are/scott-a-wolfson/) – named Top 100: Michigan Super Lawyers List and 2019 Super Lawyer – Bankruptcy: Business, Business Litigation

**Adam L. Kochenderfer** – 2019 Super Lawyer – Business Litigation, Bankruptcy: Business

[**Anthony J. Kochis**](/who-we-are/anthony-j-kochis/) – 2019 Rising Star – Creditor Debtor Rights: Business, Closely Held Business, Business/Corporate, Business Litigation

[**Michelle H. Bass** ](/who-we-are/michelle-h-bass/)– 2019 Rising Star – Bankruptcy: Consumer, Creditor Debtor Rights: Consumer, Appellate

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.

**Categories:** Firm News

**Tags:** Honors

---

### [Scott A. Wolfson Appointed to American Arbitration Association’s National Roster of Commercial Arbitrators](https://wolfsonbolton.com/news-updates/2019/october/scott-a-wolfson-appointed-to-american-arbitration-associations-national-roster-of-commercial-arbitrators/)

**Published:** October 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson Appointed to American Arbitration Association’s National Roster of Commercial Arbitrators](https://wolfsonbolton.com/wp-content/uploads/2023/12/300.2110261319550.png)

WB is pleased to announce that Scott A. Wolfson has been appointed to the American Arbitration Association’s National Roster of Commercial Arbitrators. Scott served as the sole arbitrator for the AAA in a $50 million automotive supply dispute earlier this year.

The American Arbitration Association’s National Roster of Arbitrators consists of highly accomplished and respected professionals from the legal and business communities who offer diverse experiences across a wide range of fields. These industry leaders are trained to handle the dispute resolution process with fairness and skill with a respect for time- and cost-efficiency.

**Categories:** Firm News

**Tags:** Appointments

---

### [Wolfson Bolton Opens New Office In Marquette, Michigan](https://wolfsonbolton.com/news-updates/2019/october/wolfson-bolton-opens-new-office-in-marquette-michigan/)

**Published:** October 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Wolfson Bolton Opens New Office In Marquette, Michigan](https://wolfsonbolton.com/wp-content/uploads/2023/12/299.2110261318550.png)

Wolfson Bolton is proud to announce that we have opened a new office in Marquette, Michigan to better serve our Upper Peninsula and Northern Lower Peninsula clients. The office is located at 109 South Front Street, Suite 220, Marquette, Michigan 49855.

**Categories:** Firm News

**Tags:** News

---

### [Scott A. Wolfson Invited to Join American College of Bankruptcy As Fellow](https://wolfsonbolton.com/news-updates/2019/december/scott-a-wolfson-invited-to-join-american-college-of-bankruptcy-as-fellow/)

**Published:** December 1, 2019
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson Invited to Join American College of Bankruptcy As Fellow](https://wolfsonbolton.com/wp-content/uploads/2023/12/303.2110261322550.png)

The American College of Bankruptcy announced that Scott A. Wolfson will be inducted as a Fellow next March in Washington D.C. The Induction Ceremony and Reception in honor of the new Fellows will take place at the Smithsonian Donald W. Reynolds Center for American Art and Portraiture. Fellows will be honored for their professional excellence and their exceptional contributions to the bankruptcy and insolvency field. Scott is one of 31 Fellows in the College’s 2020 class that includes three federal judges and three U.S. and international professors. He is the only inductee this year from Michigan.

The American College of Bankruptcy is an honorary association of bankruptcy and insolvency professionals and plays an important role in sustaining professional excellence in the field. College Fellows include commercial and consumer bankruptcy attorneys, judges, insolvency accountants, turnaround and workout specialists, law professors, government officials and others in the bankruptcy and insolvency community. The College offers unique and challenging educational programs and publications, maintains the National Bankruptcy Archives at the University of Pennsylvania School of Law, and, in conjunction with the American College of Bankruptcy Foundation, is believed to be the single largest financial supporter of pro bono bankruptcy services in the United States, contributing over $3 million since 2012.

Nominees are extended an invitation to join based on a sustained record of achievement. Candidates are selected by the College’s Board of Regents from among recommendations of Circuit Admissions Councils in each federal judicial circuit and specially appointed Committees for Judicial and International Fellows.

Criteria for selection as a Fellow of the College include: the highest standard of professionalism, ethics, character, integrity, professional expertise and leadership contributing to the enhancement of bankruptcy and insolvency law and practice; sustained evidence of scholarship, teaching, lecturing or writing on bankruptcy or insolvency; community service; and commitment to elevate knowledge and understanding of the profession and public respect for the practice.

**Categories:** Firm News

**Tags:** Honors

---

### [John R. Stevenson Joins Wolfson Bolton PLLC](https://wolfsonbolton.com/news-updates/2020/february/john-r-stevenson-joins-wolfson-bolton-pllc/)

**Published:** February 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![](https://wolfsonbolton.com/wp-content/uploads/2023/12/318.2110261324550.jpg)

Wolfson Bolton PLLC is pleased to announce that John R. Stevenson has joined the law firm as Of Counsel. His practice focuses on corporate reorganization, debtors’ and creditors’ rights, commercial and bankruptcy litigation, and general commercial law. He has represented creditors, creditors’ committees, distressed businesses, and other parties in interest in bankruptcy matters in a wide range of industries, including automotive, technology, telecommunications, construction, housing, and hospitality.

John is a graduate of the University of California Hastings College of the Law. During law school, he served as an extern to the Honorable Dennis Montali in the United States Bankruptcy Court for the Northern District of California. He earned his Bachelor of Arts from the University of Michigan. Prior to joining Wolfson Bolton, John was an attorney with Clark Hill PLC.

**Categories:** Firm News

**Tags:** Staff

---

### [What Does the Small Business Reorganization Act of 2019 (SBRA) Mean for Small Businesses?](https://wolfsonbolton.com/news-updates/2020/february/what-does-the-small-business-reorganization-act-of-2019-sbra-mean-for-small-businesses/)

**Published:** February 3, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![What Does the Small Business Reorganization Act of 2019 (SBRA) Mean for Small Businesses?](https://wolfsonbolton.com/wp-content/uploads/2023/12/319.2111181048550.png)

Chapter 11 bankruptcy is a successful tool for large corporations and individuals. However, Chapter 11 bankruptcy presents many hurdles for small businesses and sometimes proves too costly. The Small Business Reorganization Act of 2019 is meant to remedy those issues and provides small businesses with a new tool to restructure. The new SBRA takes effect on February 19, 2020 and the debt limit for a small business engaged in commercial or business activity is $2,725,625.

Highlights of the SBRA include:

1\. Small business owners will have 90 days to file a Chapter 11 reorganization plan;

2\. It may be possible for small business owners to retain ownership of their business without repaying their debts in full;

3\. Small business cases will be required to appoint a standing trustee who will oversee the bankruptcy case; and

4\. No creditor’s committee will be appointed unless the Court orders otherwise.

The Small Business Reorganization Act should create a valuable path for small business to successfully reorganize. Wolfson Bolton stands ready to assist your business, large or small.

**Categories:** Practice Updates

---

### [The Impact of the Coronavirus on the Supply Chain](https://wolfsonbolton.com/news-updates/2020/february/the-impact-of-the-coronavirus-on-the-supply-chain/)

**Published:** February 4, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![The Impact of the Coronavirus on the Supply Chain](https://wolfsonbolton.com/wp-content/uploads/2023/12/321.2111181047550.png)

In addition to the loss of life, the coronavirus is significantly impacting the supply chain in the automotive industry. The increasing spread of the virus in and outside of China has not only shut down plants in China, but will likely lead to the shutdown of assembly lines in the United States, leading to significant economic turmoil.

To excuse such shutdowns, suppliers may wish to invoke contractual force majeure clauses. A force majeure clause is a provision that relieves parties from performing their contractual obligations when certain circumstances beyond their control arise, such as an act of God, war, a natural disaster, strikes, etc. Such clauses typically specify when the clause may be invoked, any notification requirements, and what happens after it is invoked.

Terms and conditions governing the purchase and supply of automotive parts typically include force majeure clauses. While rarely invoked, such clauses are becoming front and center in many customer-supplier relationships due to the outbreak of the coronavirus. To protect themselves from potential financial risk, automotive suppliers should be prepared to analyze and review their force majeure rights and send and receive force majeure letters. For more information, please contact [Peter C. Bolton](/who-we-are/peter-c-bolton/).

**Categories:** Practice Updates

---

### [Wolfson Bolton Confirms First Small Business Bankruptcy Plan in Michigan under New Law](https://wolfsonbolton.com/news-updates/2020/june/wolfson-bolton-confirms-first-small-business-bankruptcy-plan-in-michigan-under-new-law/)

**Published:** June 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Wolfson Bolton Confirms First Small Business Bankruptcy Plan in Michigan under New Law](https://wolfsonbolton.com/wp-content/uploads/2023/12/MHB-Headshot.2110050456550.png)

Wolfson Bolton attorneys [Michelle H. Bass](/who-we-are/michelle-h-bass/) and John R. Stevenson obtained significant victories for a WB client, settling a multimillion-dollar non-bankruptcy lawsuit through confirmation of a Chapter 11 plan under the Small Business Reorganization Act of 2019. This is the first small business case to be confirmed under the Act in Michigan, and one of the first in the nation.

WB utilized the Act to protect an individual business owner’s personal assets, including his non-debtor, solely-owned business through a plan of reorganization. WB obtained dismissal of a creditor’s pre-bankruptcy lawsuit seeking to hold a debt non-dischargeable and settled a multimillion dollar claim for six-figures to be paid over the course of five years. Wolfson Bolton is proud to serve as a pioneer in the new era of small business reorganizations.

**Categories:** Firm News

**Tags:** Leadership

---

### [Scott A. Wolfson Named Entrepreneur’s Organization Detroit Chapter President](https://wolfsonbolton.com/news-updates/2020/june/scott-a-wolfson-named-entrepreneurs-organization-detroit-chapter-president/)

**Published:** June 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson Named Entrepreneur’s Organization Detroit Chapter President](https://wolfsonbolton.com/wp-content/uploads/2023/12/WB_Scott_ASF__3_.2110050823550.png)

The Detroit Chapter of the Entrepreneur’s Organization (EO), the world’s largest entrepreneurs group, recently named Scott A. Wolfson as the 2020/21 Detroit Chapter President. Scott and EO Detroit’s Board of Directors will focus on supporting members confronting the impact of COVID-19 while also providing learning and social events to help EO Detroit’s over 90 members learn and grow from each other, leading to greater business success and an enriched personal life.

EO is a global, peer-to-peer network of more than 14,000+ influential business owners with 196 chapters in 62 countries. EO members employ 4.1 million workers worldwide and have a median annual revenue of $5 million.

**Categories:** Firm News

**Tags:** Leadership

---

### [Kelsey Postema Joins Wolfson Bolton PLLC](https://wolfsonbolton.com/news-updates/2020/june/kelsey-postema-joins-wolfson-bolton-pllc/)

**Published:** June 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Kelsey Postema Joins Wolfson Bolton PLLC](https://wolfsonbolton.com/wp-content/uploads/2023/12/KP-Headshot.2110050505550.jpg)

Wolfson Bolton is pleased to welcome Kelsey Postema to the firm as a Summer Associate. Kelsey is a second-year law student at Wayne State University, where she serves as an Associate Editor of the Wayne State Law Review. She received the First Place Drafting Award in the school’s 2019 Transactional Law Competition. Kelsey is a member of the Women’s Law Caucus and the Entrepreneurship and Business Law Society. She graduated *magna cum laude* with a Bachelor of Arts in Political Science and Economics at Alma College, where she played varsity soccer.

**Categories:** Firm News

**Tags:** Staff

---

### [Scott A. Wolfson and Peter C. Bolton Selected to The Best Lawyers in America 2021](https://wolfsonbolton.com/news-updates/2020/august/scott-a-wolfson-and-peter-c-bolton-selected-to-the-best-lawyers-in-america-2021/)

**Published:** August 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson and Peter C. Bolton Selected to The Best Lawyers in America 2021](https://wolfsonbolton.com/wp-content/uploads/2023/12/340.2110050836550.png)

WB is proud to announce that [Scott A. Wolfson](/who-we-are/scott-a-wolfson/) and [Peter C. Bolton](/who-we-are/peter-c-bolton/) have been selected for inclusion in The Best Lawyers in America 2021. Both were recognized for their work in the practice area of Bankruptcy and Creditor Debtor Rights/Insolvency Reorganization Law. Scott was also honored for his work in the field of Litigation – Bankruptcy.

Published since 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Compiled based on an exhaustive peer-review evaluation, Best Lawyers lists have earned the respect of the profession, the media and the public as the most reliable, unbiased source of legal referrals.

**Categories:** Firm News

**Tags:** Honors

---

### [Beach Mold & Tool, Inc. Named Transaction of the Year by Turnaround Management Association](https://wolfsonbolton.com/news-updates/2020/august/beach-mold-tool-inc-named-transaction-of-the-year-by-turnaround-management-association/)

**Published:** August 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Beach Mold & Tool, Inc. Named Transaction of the Year by Turnaround Management Association](https://wolfsonbolton.com/wp-content/uploads/2023/12/337.2110050836550.png)

The Turnaround Management Association (TMA) Turnaround & Transactions Awards committee honored Beach Mold & Tool, Inc. with the 2020 Mid-Size Company Transaction of the Year Award. Wolfson Bolton represented Beach Acquisition Co. LLC in the acquisition of New Albany, Indiana-based injection molder and toolmaker Beach Mold & Tool, Inc. The transaction was handled by WB attorneys [Peter C. Bolton](/who-we-are/peter-c-bolton/) and [Eric A. Zacks](/who-we-are/eric-a-zacks/).

The TMA Turnaround and Transaction Awards are among the most prestigious and important recognitions in the industry. The awards are given after many rounds of diligence and analysis by 11 volunteer awards committee members representing a cross section of TMA professionals. These professionals dedicate many months of time to assure that the nominated cases are properly vetted in a highly competitive field of excellent submissions.

The Turnaround Management Association (TMA) is the most professionally diverse organization in the corporate restructuring and corporate health space. Established in 1988, TMA has almost 9,000 members in 52 chapters worldwide, including 32 North American chapters. Members include turnaround practitioners, attorneys, accountants, advisors, liquidators, consultants, as well as academics, government employees, and members of the judiciary.

**Categories:** Firm News

**Tags:** Clients

---

### [Five Wolfson Bolton Attorneys Recognized by Super Lawyers and One Named to Michigan Top 100](https://wolfsonbolton.com/news-updates/2020/september/five-wolfson-bolton-attorneys-recognized-by-super-lawyers-and-one-named-to-michigan-top-100/)

**Published:** September 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Five Wolfson Bolton Attorneys Recognized by Super Lawyers and One Named to Michigan Top 100](https://wolfsonbolton.com/wp-content/uploads/2023/12/338.2110050834550.png)

Wolfson Bolton is proud to announce that Super Lawyers has recognized six of its attorneys. The Wolfson Bolton attorneys that have been honored are:

[Scott A. Wolfson](/who-we-are/scott-a-wolfson/) – named Top 100: Michigan Super Lawyers List and 2020 Super Lawyer – Bankruptcy: Business, Business Litigation

[Peter C. Bolton](/who-we-are/peter-c-bolton/) – 2020 Super Lawyer – Bankruptcy: Business, Banking

[Adam L. Kochenderfer](/who-we-are/) – 2020 Super Lawyer – Business Litigation, Bankruptcy: Business

[Anthony J. Kochis](/who-we-are/anthony-j-kochis/) – 2020 Rising Star – Creditor Debtor Rights: Business, Closely Held Business, Business/Corporate, Business Litigation

[Michelle H. Bass](/who-we-are/michelle-h-bass/) – 2020 Rising Star – Bankruptcy: Consumer, Creditor Debtor Rights: Consumer, Appellate

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.

**Categories:** Firm News

**Tags:** Honors

---

### [Scott A. Wolfson Elected as a Fellow of the American Bar Foundation](https://wolfsonbolton.com/news-updates/2020/october/scott-a-wolfson-elected-as-a-fellow-of-the-american-bar-foundation/)

**Published:** October 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson Elected as a Fellow of the American Bar Foundation October 2020](https://wolfsonbolton.com/wp-content/uploads/2023/12/363.2110050829550.png)

[Scott A. Wolfson](/who-we-are/scott-a-wolfson/) has been elected as a Fellow of the American Bar Foundation. The Fellows comprise a global honorary society of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of their communities. Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. Fellows are recommended by their peers and elected by the Board of the American Bar Foundation.

**Categories:** Firm News

**Tags:** Leadership

---

### [Wolfson Bolton Earns Tier 1 Rankings in 2021 Edition Of U.S. News – “Best Law Firms” List](https://wolfsonbolton.com/news-updates/2020/november/wolfson-bolton-earns-tier-1-rankings-in-2021-edition-of-u-s-news-best-law-firms-list/)

**Published:** November 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Wolfson Bolton Earns Tier 1 Rankings in 2021 Edition Of U.S. News – “Best Law Firms” List](https://wolfsonbolton.com/wp-content/uploads/2023/12/345.2111181117550.jpg)

Wolfson Bolton is proud to announce that the firm has received Tier 1 Rankings in two categories in the 2021 Edition of U.S. News – Best Lawyers “Best Law Firms” in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation – Bankruptcy. WB also received a Tier 3 Ranking in Litigation – Trusts & Estates.

Firms included in the 2021 Edition of U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes 5% of lawyers practicing in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

**Categories:** Firm News

**Tags:** Honors

---

### [Anthony J. Kochis to Present on Strafford Webinar, “Section 523 Nondischargeability Litigation: Plaintiff and Defense Strategies”](https://wolfsonbolton.com/news-updates/2020/december/anthony-j-kochis-to-present-on-strafford-webinar-section-523-nondischargeability-litigation-plaintiff-and-defense-strategies/)

**Published:** December 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

![Anthony J. Kochis to Present on Strafford Webinar, “Section 523 Nondischargeability Litigation: Plaintiff and Defense Strategies”](https://wolfsonbolton.com/wp-content/uploads/2023/12/AJK-Headshot.2110050438550.jpg)

This CLE webinar will discuss strategies and tactics for both prosecuting and defending Section 523 exceptions to discharge adversary proceedings. The panel will review best practices for pleading to state a claim for relief and outline strategies for filing Rule 12(b)(6) motions to dismiss under *Ashcroft v. Iqbal* and motions for summary judgment. The webinar will explain when there is collateral estoppel or res judicata from prior litigation, offer strategies regarding settlement and mediation, guide counsel on settlement vs. litigation options for clients, and analyze discovery issues and trial strategies. The panel will also discuss Sections 523(a)(2), (4) and (6), 1328(a)(4), and best practices for obtaining awards of attorney’s fees under Section 523(d).

**Categories:** Firm News

**Tags:** Leadership

---

### [Federal Court Finds that OEM Purchase Order Does Not Necessarily Govern Parties’ Contract](https://wolfsonbolton.com/news-updates/2021/january/federal-court-finds-that-oem-purchase-order-does-not-necessarily-govern-parties-contract/)

**Published:** January 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

![Federal Court Finds that OEM Purchase Order Does Not Necessarily Govern Parties’ Contract](https://wolfsonbolton.com/wp-content/uploads/2023/12/349.2111181045550.png)

The U.S. Eastern District of Michigan recently held that an automotive OEM’s purchase order did not, as a matter of law, govern the parties’ supply contract. In *Synergen Inc. v. FCA US LLC*, case no. 16-cv-11842 (E.D. Mich. March 23, 2020), FCA US LLC had issued a request for quotation to a prospective supplier, Nartron Corporation. Nartron responded with a detailed quotation that expressly rejected FCA’s future purchase orders. FCA subsequently issued a purchase order that incorporated FCA’s general terms and conditions, which expressly rejected any additional or different terms. Litigation later ensued, and FCA filed a motion for partial summary judgment declaring that its terms and conditions constitute the governing contract. However, the Court held that it could not, as a matter of law, find that FCA’s terms and conditions controlled. Among other things, the Court stated that a reasonable jury could conclude that the quote was the relevant offer and that the purchase order was an acceptance of that order. The Court noted that a quotation could represent an offer “if it is sufficiently detailed and it reasonably appear(s) . . . that assent to that quotation is all that is needed to ripen the offer into a contract.” Unlike other cases in which the quotation was a mere invitation to negotiate, the quotation at issue did not ask FCA to contact Nartron for further negotiations and instead included payment terms and a detailed schedule for performance. The Court further stated that, even if the purchase order was a counteroffer, summary judgment would still be inappropriate because FCA had not established as a matter of law that Nartron assented to the differing terms by providing goods. The Court noted that “assent” is a question for the trier of fact under Michigan law.

It is important to note that this decision does not bar FCA from prevailing at trial; it only means that the Court could not find for FCA as a matter of law. The decision is a relative outlier among cases addressing purchase orders and quotations, but it is a reminder to suppliers and legal practitioners alike that a quotation may be a relevant factor when construing the contract.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Michelle H. Bass Named to Crain’s 2021 Notable Women in Law](https://wolfsonbolton.com/news-updates/2021/april/michelle-h-bass-named-to-crains-2021-notable-women-in-law/)

**Published:** April 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

![Michelle H. Bass Named to Crain’s 2021 Notable Women in Law](https://wolfsonbolton.com/wp-content/uploads/2023/12/372.2111181110550.jpg)

Wolfson Bolton is pleased to announce that Michelle H. Bass has been named to Crain’s 2021 list of Notable Women in Law. The honorees were selected by a team of Crain’s Detroit Business editors based on their career accomplishments, track record of success in the field and mentorship of others.

Michelle Bass has been leading Wolfson Bolton’s Consumer Bankruptcy Group since she joined the firm in 2017. She also serves in a leadership role on the Consumer Bankruptcy Committee of the American Bankruptcy Institute. In 2020, Bass represented one of the nation’s first Chapter 11 debtors to confirm a plan under the Small Business Reorganization Act of 2019. By converting her client’s Chapter 11 case to a small-business case, she was able to settle a multimillion-dollar lawsuit against the client and his company.

“Michelle is a leader in consumer bankruptcy law,” said Scott Wolfson, member of Wolfson Bolton. “She also gives back to the bar as a frequent speaker and author, including as a contributing author to a recently published treatise, and as a leader in the field’s professional organizations, like the American Bankruptcy Institute and the International Women’s Insolvency & Restructuring Confederation.”

**Categories:** Firm News

**Tags:** Honors

---

### [Scott A. Wolfson Featured in Latest American Bankruptcy Institute Industry Viewpoints Episode](https://wolfsonbolton.com/news-updates/2021/june/scott-a-wolfson-featured-in-latest-american-bankruptcy-institute-industry-viewpoints-episode/)

**Published:** June 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson Featured in Latest American Bankruptcy Institute Industry Viewpoints Episode](https://wolfsonbolton.com/wp-content/uploads/2023/12/363.2110050829550.png)

Scott A. Wolfson talked with ABI Editor-at-Large Bill Rochelle to provide key insights on how industries will be impacted in the future with the pandemic delivering shocks to the supply chain.

Watch the episode here: [https://www.youtube.com/watch?v=drk\_dDUzC54](https://www.youtube.com/watch?v=drk_dDUzC54)

**Categories:** Firm News

**Tags:** Leadership

---

### [Four Wolfson Bolton Attorneys Recognized by Super Lawyers and One Named to Michigan Top 100](https://wolfsonbolton.com/news-updates/2021/august/four-wolfson-bolton-attorneys-recognized-by-super-lawyers-and-one-named-to-michigan-top-100/)

**Published:** August 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

![Four Wolfson Bolton Attorneys Recognized by Super Lawyers and One Named to Michigan Top 100](https://wolfsonbolton.com/wp-content/uploads/2023/12/367.2110050829550.png)

WB is proud to announce that Super Lawyers has recognized four of its attorneys. The attorneys that have been honored are:

[Scott A. Wolfson](/who-we-are/scott-a-wolfson/) — named Top 100: Michigan Super Lawyers List and 2021 Super Lawyer – Bankruptcy: Business

[Peter C. Bolton](/who-we-are/peter-c-bolton/) — 2021 Super Lawyer – Bankruptcy: Business

[Anthony J. Kochis](/who-we-are/anthony-j-kochis/) — 2021 Rising Star – Creditor Debtor Rights: Business

[Michelle H. Bass](/who-we-are/michelle-h-bass/) — 2021 Rising Star – Bankruptcy: Consumer

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.

**Categories:** Firm News

**Tags:** Honors

---

### [Scott A. Wolfson Named a Lawyer of the Year 2022](https://wolfsonbolton.com/news-updates/2021/august/scott-a-wolfson-named-a-lawyer-of-the-year-2022/)

**Published:** August 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A. Wolfson Named a Lawyer of the Year 2022](https://wolfsonbolton.com/wp-content/uploads/2023/12/368.2110050828550.png)

WB is proud to announce that Scott A. Wolfson has been recognized by Best Lawyers® as Litigation – Bankruptcy “Lawyer of the Year” 2022 in Troy, Michigan. “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.

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.

**Categories:** Firm News

**Tags:** Honors

---

### [Anthony J. Kochis Co-Authors Article in State Bar of Michigan Litigation Newsletter](https://wolfsonbolton.com/news-updates/2021/august/anthony-j-kochis-co-authors-article-in-state-bar-of-michigan-litigation-newsletter/)

**Published:** August 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

![Anthony J. Kochis Co-Authors Article in State Bar of Michigan Litigation Newsletter](https://wolfsonbolton.com/wp-content/uploads/2023/12/AJK-Headshot.2110050438550.jpg)

Anthony J. Kochis has co-authored an article titled, “Give Me Back My Stuff! Mere Retention of Property Does Not Violate the Bankruptcy Code!” in the Summer 2021 edition of the State Bar of Michigan Litigation Newsletter. To read the full article, please click the [link here](/documents/Litigation_Newsletter_-_AJK_Article.pdf).

**Categories:** Firm News

**Tags:** Leadership

---

### [Michelle Bass Achieves Board Certification in Consumer Bankruptcy Law](https://wolfsonbolton.com/news-updates/2021/october/michelle-bass-achieves-board-certification-in-consumer-bankruptcy-law/)

**Published:** October 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

![Michelle Bass Achieves Board Certification in Consumer Bankruptcy Law](https://wolfsonbolton.com/wp-content/uploads/2023/12/372.2111181110550.jpg)

Michelle Bass has been certified in consumer bankruptcy by the American Board of Certification.

The American Board of Certification (ABC) is a non-profit organization dedicated to serving the public and improving the quality of the bankruptcy and creditors’ rights law bars. ABC certification serves the public by allowing potential clients to make an informed decision in choosing bankruptcy counsel. In addition, ABC certification encourages attorneys to strive toward excellence and recognizes those attorneys who have met the rigorous ABC standards. Michelle joins the American Board of Certification as one of only 600 attorneys nationwide who are certified practitioners in a bankruptcy sub-specialty.

Michelle serves Wolfson Bolton’s consumer bankruptcy clients throughout the State of Michigan, including from the firm’s Marquette office.

**Categories:** Firm News

**Tags:** Staff

---

### [Kelsey Postema Sworn in as a Member of the Michigan Bar](https://wolfsonbolton.com/news-updates/2021/november/kelsey-postema-sworn-in-as-a-member-of-the-michigan-bar/)

**Published:** November 18, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

![Kelsey Postema Sworn in as a Member of the Michigan Bar](https://wolfsonbolton.com/wp-content/uploads/2023/12/Kelsey_Swearing_In.2111181030550.jpg)

Wolfson Bolton is pleased to announce that Kelsey Postema has been sworn in as a member of the Michigan Bar.

Kelsey started with WB in 2020 as a summer associate, continued to work for the firm during law school as a law clerk, and joined WB full time in September. She is a graduate of Wayne State University, where she served as an Associate Editor of the Wayne State Law Review and earned the First Place Drafting Award in the school’s 2019 Transactional Law Competition. She graduated magna cum laude from Alma College with a Bachelor of Arts in Political Science and Economics, where she also played varsity soccer and was a team captain her senior year.

**Categories:** Firm News

**Tags:** Staff

---

### [Michelle H. Bass Named Partner at Wolfson Bolton](https://wolfsonbolton.com/news-updates/2022/april/michelle-h-bass-named-partner-at-wolfson-bolton/)

**Published:** April 1, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

![Michelle H. Bass Named Partner at Wolfson Bolton](https://wolfsonbolton.com/wp-content/uploads/2023/12/MHB-Headshot.2110050456550.png)

WB is proud to announce Michelle H. Bass as the firm’s newest partner. Michelle joined Wolfson Bolton in 2017 as a senior associate attorney with over a decade of legal experience focused on consumer bankruptcy. As a partner, Michelle will continue to manage WB’s consumer bankruptcy practice group. She is a graduate of University of Detroit Mercy School of Law and the honors college at the University of Michigan.

As an American Board Certified Consumer Bankruptcy attorney, Michelle represents both debtors and creditors in all aspects of consumer bankruptcy proceedings. She primarily represents individual consumer debtors in Chapter 7 liquidations and Chapter 13, Chapter 11, and Chapter 11 Sub V reorganizations. Representative clients range from small business owners and high net-worth/high income earners to individuals seeking to prevent foreclosure or repossession of their assets.

**Categories:** Firm News

**Tags:** Staff

---

### [Scott A.Wolfson Ranked in the Chambers and Partners USA Guide 2022](https://wolfsonbolton.com/news-updates/2022/june/scott-a-wolfson-ranked-in-the-chambers-and-partners-usa-guide-2022/)

**Published:** June 2, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

![Scott A.Wolfson Ranked in the Chambers and Partners USA Guide 2022](https://wolfsonbolton.com/wp-content/uploads/2023/12/Chambers-Ranking-Post-SAW.2.2206021140550.png)

WB is proud to announce that Scott A. Wolfson has been ranked in the Chambers and Partners USA Guide 2022 in the Bankruptcy/Restructuring – Michigan (Band 2) category. “Scott Wolfson of Wolfson Bolton PLLC attracts praise for his high-caliber practice in bankruptcy and restructuring matters. He represents clients in both in and out-of-court matters.” – Chambers and Partners

About Chambers and Partners: Chambers USA is the leading legal directory, ranking the top lawyers and law firms across the USA. Our legal rankings are based on unrivaled and in-depth market analysis and independent research, all of which is conducted by our dedicated team of researchers. For more information on our methodology and insights into our submissions process and how your firm can rank in the Chambers USA guide, please visit our methodology page. The Chambers USA team continues to work with law firms of all sizes, from boutique to global, during our research to ensure we cover all aspects of the US legal market for clients of all sizes and requirements to assist in their legal needs.

**Categories:** Firm News

**Tags:** Honors

---

### [Michelle H. Bass Speaks at ICLE’s 62nd  Annual Probate & Estate Planning Institute](https://wolfsonbolton.com/news-updates/2022/june/michelle-h-bass-speaks-at-icles-62nd-annual-probate-estate-planning-institute/)

**Published:** June 22, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

Michelle H. Bass spoke at ICLE’s 62nd Annual Probate & Estate Planning Institute held in Plymouth, Michigan on June 17, 2022. The interdisciplinary panel focused on asset protection, featuring Michelle’s presentation: *What Every Estate Planner Must Know About Bankruptcy Law.*

*![Michelle H. Bass Speaks at ICLE](https://wolfsonbolton.com/wp-content/uploads/2023/12/IMG_2769.2206221339550-scaled.jpg)*

**Categories:** Firm News

**Tags:** Leadership

---

### [Michelle H. Bass Authors Article in July 2022 American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2022/june/michelle-h-bass-authors-article-in-july-2022-american-bankruptcy-institute-journal/)

**Published:** June 29, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

Michelle H. Bass’ latest article, Granting a Discharge to the Dishonest and Fortunate Debtor? Fraud, Fairness and Finality in Chapter 13, is in the July, 2022 ABI Journal.

Click [here](/documents/last_07-22.pdf) to read the article.

![](https://wolfsonbolton.com/wp-content/uploads/2023/12/Michelle-H.-Bass-latest-article.2206300552550.png)

**Categories:** Firm News

**Tags:** Leadership

---

### [Michelle H. Bass Speaks at the American Bankruptcy Institute’s 29th Annual Central States Bankruptcy Workshop](https://wolfsonbolton.com/news-updates/2022/june/michelle-h-bass-speaks-at-the-american-bankruptcy-institutes-29th-annual-central-states-bankruptcy-workshop/)

**Published:** June 30, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

![American Bankruptcy Institute’s 29th Annual Central States Bankruptcy Workshop](https://wolfsonbolton.com/wp-content/uploads/2023/12/Michelle-H.-Bass-ABI-Central-States-Speaking-Engagement.2206301004053.png) Michelle H. Bass spoke at the American Bankruptcy Institute’s 29th Annual Central States Bankruptcy Workshop, held in Lake Geneva, Wisconsin on June 25, 2022. Michelle spoke about student loan dischargeability, addressing how to obtain stipulated adversary proceeding settlements that include forgiveness of student loan debt.

**Categories:** Firm News

**Tags:** Leadership

---

### [Wolfson Bolton Partners Recognized by Super Lawyers and One Named to Michigan Top 100](https://wolfsonbolton.com/news-updates/2022/august/wolfson-bolton-partners-recognized-by-super-lawyers-and-one-named-to-michigan-top-100/)

**Published:** August 16, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

![Wolfson Bolton Super Lawyers](https://wolfsonbolton.com/wp-content/uploads/2023/12/Super-Lawyers.1.2208160727550.png)

WB is proud to announce that Super Lawyers has recognized all four of its partners.

[Scott A. Wolfson](/who-we-are/scott-a-wolfson/) — named Top 100: 2022 Michigan Super Lawyers List and 2022 Super Lawyer – Bankruptcy: Business

[Peter C. Bolton](/who-we-are/peter-c-bolton/) — 2022 Super Lawyer – Bankruptcy: Business

[Anthony J. Kochis](/who-we-are/anthony-j-kochis/) — 2022 Super Lawyer – Creditor Debtor Rights: Business

[Michelle H. Bass](/who-we-are/michelle-h-bass/) — 2022 Rising Star – Bankruptcy: Consumer

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](https://www.superlawyers.com/)

**Categories:** Firm News

**Tags:** Honors

---

### [Wolfson Bolton Retained in Large Bankruptcy Case](https://wolfsonbolton.com/news-updates/2022/september/wolfson-bolton-retained-in-large-bankruptcy-case/)

**Published:** September 7, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

![Gissing Logo](https://wolfsonbolton.com/wp-content/uploads/2023/12/Gissing.2209071030550.png)

Wolfson Bolton PLLC is pleased to announce its retention on behalf of Gissing North America LLC and its seven affiliated debtors in their Chapter 11 bankruptcy filed on August 8, 2022. Gissing is an innovative supplier of acoustic and weight reduction solutions for the automotive industry.

We look forward to continuing to work with the Debtors and all stakeholders toward a sale of the companies. Interested parties can learn more about the case here: [https://dm.epiq11.com/case/gissing/info](https://urldefense.com/v3/__https://dm.epiq11.com/case/gissing/info__;!!COskAx4!Gtsw3FUzJDSrp_4xUoPhhYnghjKf57ByYRxQS5CxqapwOkTNbv-tFEV2UcNwTOqlyoEvTSBXSu_zsLBVc9TgXVC8Rxs$ "https://urldefense.com/v3/__https://dm.epiq11.com/case/gissing/info__;!!COskAx4!Gtsw3FUzJDSrp_4xUoPhhYnghjKf57ByYRxQS5CxqapwOkTNbv-tFEV2UcNwTOqlyoEvTSBXSu_zsLBVc9TgXVC8Rxs$")

**Categories:** Firm News

**Tags:** Clients

---

### [Two Wolfson Bolton Partners Speak at American Bankruptcy Institute’s Winter Leadership Conference](https://wolfsonbolton.com/news-updates/2022/december/two-wolfson-bolton-partners-speak-at-american-bankruptcy-institutes-winter-leadership-conference/)

**Published:** December 12, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

![ABI](https://wolfsonbolton.com/wp-content/uploads/2023/12/ABI-Winter-Leadership.2302061145550.png)

Scott Wolfson and Michelle Bass attended and spoke at the American Bankruptcy Institute’s Winter Leadership Conference in La Quinta, CA. This conference was attended by bankruptcy colleagues from around the country.

Scott Wolfson, along with 4 other speakers, presented on “Supply Chain Instability and Disruption as a Key Source of Distress and Bankruptcy: A Long-Term Influence.” This panel discussed the supply chain issues that are the most prevalent today in various industries, including the risk of loss, injunctive relief, adequate protection and debtors in possession, as well as the tension that can occurred among customers, suppliers and third parties.

Michelle Bass, along with 3 other speakers, presented on, “Ethical Dilemmas in Consumer Practice and How to Handle Them: Where Do You Draw the Line?” This panel discussed ethical issues that arise in consumer practice. They reviewed recent cases and provided hypotheticals to invoke audience participation and discussion regarding topics related to attorney fees, conflicts, and attorney/client privilege and confidentiality.

**Categories:** Firm News

**Tags:** Leadership

---

### [Filing of Unauthorized UCC Termination Statement Held Ineffective](https://wolfsonbolton.com/news-updates/2014/%monthname%/filing-of-unauthorized-ucc-termination-statement-held-ineffective/)

**Published:** February 3, 2014
**Author:** wbkadmin

**Content:**

The United States Bankruptcy Court for the Southern District of New York, in Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, N.A., 486 B.R. 596 (Bankr. S.D.N.Y. 2013), ruled against a creditors’ committee when the court granted summary judgment in favor of the secured parties and found that a UCC financing statement termination was not effective because the termination was unauthorized. The mistake occurred when General Motors Corporation paid off a synthetic lease and a UCC-3 termination statement was mistakenly filed terminating a UCC-1 financing statement for an unrelated $1.5 billion term loan. JPMorgan Chase Bank, N.A., agent for a syndicate of lenders for the term loan, sought summary judgment and argued that the UCC termination statement was not authorized. The court found that, although JPMorgan was provided a copy of the erroneous UCC-3 termination before the termination was filed, JPMorgan did not intend to terminate the UCC financing statement and, equally important, GM did not believe it was authorized to terminate the financing statement.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

 wbkadmin 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbkadmin/) [    ](https://wolfsonbolton.com/news-updates/author/wbkadmin/)

**Categories:** Practice Updates

---

### [Increased Home Values Finally Paying Off for Chapter 13 Debtors](https://wolfsonbolton.com/news-updates/2023/november/increased-home-values-finally-paying-off-for-chapter-13-debtors/)

**Published:** November 2, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

In a recent opinion, Hon. Mark A. Randon of the U.S. Bankruptcy Court for the Eastern District of Michigan ruled in favor of a debtor’s right to retain post-petition appreciation from the sale of a home while in chapter 13.

In re Elassal, 2023 Bankr. LEXIS 2126 is the first controlling opinion in the Eastern District of Michigan providing that post-petition value realized from the sale of a pre-petition asset can be retained and used by the debtor.

This is a significant decision for Michigan homeowners facing bankruptcy, particularly at the height of the real estate market. Consumers can now retain value in their pre-petition assets without fear of retribution by the Trustee in their plan. Debtors now have more flexibility to pivot with life’s changes during Chapter 13, while still realizing the benefits of reorganization, including the discharge of debts and retention of assets.

Homeowners facing bankruptcy, or those in Chapter 13 bankruptcy with questions about how this important ruling may impact their assets can contact Michelle H. Bass at 

You can read the full version of the Bankruptcy Court’s decision [**here.**](https://apps.mieb.uscourts.gov/files/opinions/21-42801%20-%202023-08-28.pdf)

**Categories:** Practice Updates

---

### [Wolfson Bolton Kochis Earns Tier 1 Rankings in the 14th Edition of Best Lawyers® “Best Law Firms” List](https://wolfsonbolton.com/news-updates/2023/november/wolfson-bolton-kochis-earns-tier-1-rankings-in-the-14th-edition-of-best-lawyers-best-law-firms-list/)

**Published:** November 2, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton Kochis is proud to announce that the firm has received Metropolitan Tier 1 Rankings in four categories in the 14th Edition of Best Lawyers® “Best Law Firms” list for 2024 in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation – Bankruptcy, Commercial Litigation, and Real Estate Law. WBK also received a Metropolitan Tier 3 Ranking in Litigation – Trusts & Estates.

Firms included in the 14th Edition of Best Lawyers® “Best Law Firms” list are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes 5% of lawyers practicing in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

**Categories:** Firm News

**Tags:** Honors

---

### [Delaware Court Holds Anti-Reliance Provisions Do Not Bar Fraudulent Inducement Claim](https://wolfsonbolton.com/news-updates/2022/september/delaware-court-holds-anti-reliance-provisions-do-not-bar-fraudulent-inducement-claim/)

**Published:** September 12, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

In *Sofregen Med. Inc. v. Allergan Sales, LLC*, 2021 Del. Super. LEXIS 319 (Super. Ct. Apr. 1, 2021), a Delaware Superior Court held that certain anti-reliance provisions in an asset purchase agreement did not bar a claim for fraudulent inducement based on fraudulent concealment. In the parties’ agreement, the buyer acknowledged that the seller did not make, and the buyer was not relying on, any representations or warranties other than those expressly contained in the parties’ agreement. The buyer, however, alleged that the seller represented during diligence discussions that one of its products had minimal adverse reactions, when in fact the seller concealed information showing serious adverse reactions, the result of which would significantly impact the seller’s “unduly optimistic revenue forecast predictions.” After the closing, the buyer brought a suit against the seller for fraudulent inducement based on the buyer’s fraudulent concealment of the adverse reactions. In response to a motion to dismiss, the court held that while the anti-reliance provisions in the parties’ agreement prohibited the buyer from relying on representations outside the agreement, the provisions did not disclaim fraud by concealment and, in turn, fraudulent inducement. As a result, the provisions did not bar the buyer’s claims.

For those representing sellers in transactions, it is critical to include strong anti-reliance provisions in the parties’ agreement. In *Sofregen*, the anti-reliance provisions included language that is typically seen in most purchase agreements. Practitioners should be wary that such language may not be enough.

**Categories:** Practice Updates

**Tags:** Courts

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### [Chapter 11’s 547(b) Amendment: What Does “Due Diligence” Mean for Preferential Payment Claw Backs?](https://wolfsonbolton.com/news-updates/2022/july/chapter-11s-547b-amendment-what-does-due-diligence-mean-for-preferential-payment-claw-backs/)

**Published:** July 18, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

A bankruptcy court in Delaware recently addressed important statutory changes affecting Chapter 11 disputes about “preferential payments.” In a Chapter 11 bankruptcy proceeding, a reorganizing debtor can claw back certain payments made within 90 days of the bankruptcy filing. Those returned funds are then distributed to the bankrupt company’s creditors as part of the bankruptcy estate’s regular administration. In concept, this rule is designed to ensure that an insolvent company does not treat one creditor more favorably than others.

Congress amended the statute governing preferential payment claw backs in The Small Business Reorganization Act of 2019, where it added due diligence language for debtors seeking such claw backs. The new language states that a bankruptcy court can reverse a debtor’s transfer made within 90 days of a bankruptcy filing only if the debtor’s demands were “based on reasonable due diligence in the circumstances of the case and taking into account a party’s known or reasonably known affirmative defenses.” This due diligence language has been treated in different ways by courts, rendering parties unsure of their responsibilities to meet the new requirements.

Bankruptcy Judge Mary F. Walrath helped to clarify what this due diligence requirement means in practice in a decision released on June 13, 2022. In that case, the Chapter 11 debtor had made payments within 90 days of bankruptcy. Upon identifying payments that were potentially covered by the preferential payment rule, the debtor sent demand letters to each creditor asking for return of the paid funds. Those creditors moved to dismiss the debtor’s eventual court claim for a preferential payment claw back, asserting that the debtor had not sufficiently met Congress’s new due diligence language. Judge Walrath disagreed, finding that the debtor had indeed properly alleged its due diligence. Although the debtor did not describe its consideration of any specific potential affirmative defenses to a claw back, Judge Walrath found that at the motion to dismiss stage, the debtor had sufficiently alleged its due diligence in two ways: first, the debtor specifically asserted that it had analyzed the subject transactions for potential defenses. Second, the debtor specifically pled that it had sent demand letters to the creditors. In doing so, it alleged conduct consistent with investigating whether the creditors had any affirmative defenses.

This decision provides a greater level of transparency for bankruptcy litigants disputing preferential payments. Judge Walrath held that Congress’s new due diligence language does not require a debtor to specifically negate any of the creditor’s particular affirmative defenses at the pleading stage. Despite Judge Walrath’s helpful decision, cases discussing this new due diligence language remain an incomplete patchwork. Some courts have ruled that the amendment adds an entirely new element to a claim for preferential payment claw backs, while others have stated that the new requirement is more akin to a condition precedent that must be pled and proven at trial. Judge Walrath’s decision helped to provide additional clarity for disputes at the motion to dismiss stage. However, the level of proof of due diligence that a debtor will eventually be required to provide at a full hearing or trial on the merits of a preferential payment claim remains unclear. In any event, to avoid the possibility of losing a preferential payment claw back claim or suffering the risk of court sanction for insufficient due diligence, debtors and trustees would be well served by making discrete attempts to discover their creditors’ potential affirmative defenses. Moreover, best practices indicate that a plaintiff should specifically allege its due diligence attempts – and the consideration of potential defenses – to survive a motion to dismiss a preferential payment claw back claim.

[You can read the full version of the Bankruptcy Court’s decision here.](https://www.deb.uscourts.gov/sites/default/files/opinions/judge-mary-f-walrath/center-city-v-mckesson-memop-final.pdf)

**Categories:** Practice Updates

---

### [Is an Unsigned Contract Containing an Arbitration Clause Enforceable?](https://wolfsonbolton.com/news-updates/2022/june/is-an-unsigned-contract-containing-an-arbitration-clause-enforceable/)

**Published:** June 27, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

A recent Michigan Court of Appeals decision highlights important considerations for anyone potentially subject to a contract containing an arbitration clause. In *TBI Solutions, LLC v. Gall*, a former employer filed a demand for arbitration against an ex-employee, Gall. In response, Gall filed a lawsuit arguing that he never signed the employment contract and that the arbitration should be stayed. The trial court held that, despite the lack of Gall’s signature on the employment contract, he had assented to the terms of the employment agreement by his continued employment. The trial court then dismissed the lawsuit and the matter returned to arbitration.

In the arbitration, Gall argued that he could not have breached the terms of his employment agreement because he never signed it. However, the arbitrator held that Gall could not re-litigate the issue of the enforceability of the employment agreement under the doctrines of res judicata and collateral estoppel. Gall appealed the unfavorable arbitration award, arguing that he should not be bound to the terms of the unsigned contract.

The Michigan Court of Appeals affirmed the arbitration award, holding that collateral estoppel barred Gall’s re-litigation of whether the unsigned contract was enforceable. Gall argued that, under the Uniform Arbitration Act, the existence of an arbitration agreement is an issue for the court to decide, while the merits of an arbitrable dispute are for the arbitrator to decide. Gall sought to narrow the trial court’s prior ruling regarding the enforceability of the arbitration provision to the issue of whether the arbitration provision applied and not whether the entire contract was enforceable. The Court of Appeals disagreed, holding that Gall had argued that the contract, as a whole, was not enforceable because he did not execute it. Thus, Gall’s argument that there was no agreement to arbitrate “necessarily required the trial to determine whether the contract, *as a whole*, was binding.” (emphasis in original).

This unique case teaches several lessons to parties potentially subject to an agreement containing an arbitration clause. First, litigants and their counsel must plead and argue about arbitration carefully and specifically. Since Gall did not challenge the specific language of the arbitration clause in court, but rather argued about the global enforceability of the entire contract, he eliminated his right to later challenge the contract’s overall enforceability in the arbitration. Second, parties should be aware that they may not be able to avoid the provisions of a contract simply because they never executed it. If they act with knowledge of the contract and do not specifically object to its terms, a court may find that a party is bound by the contract.

[https://www.courts.michigan.gov/493d0a/siteassets/case-documents/uploads/opinions/final/coa/20220224\_c356747\_30\_356747.opn.pdf](https://www.courts.michigan.gov/4a7b5e/siteassets/case-documents/uploads/opinions/final/coa/20220224_c356747_30_356747.opn.pdf)

**Categories:** Practice Updates

---

### [Michigan Supreme Court Allows Greater Flexibility in Alternative Dispute Resolution](https://wolfsonbolton.com/news-updates/2022/june/michigan-supreme-court-allows-greater-flexibility-in-alternative-dispute-resolution/)

**Published:** June 3, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Supreme Court recently loosened its requirements for specific Alternative Dispute Resolution procedures in most types of civil lawsuits. Alternative Dispute Resolution, or “ADR,” encompasses a broad range of tools designed to spur opposing parties into settling their disputes without additional costly and stressful litigation. ADR options in Michigan include early intervention conferences, settlement conferences and mediation, and case evaluation panels.

Under previous Michigan case evaluation procedures, parties to a civil action were required to submit their cases to a neutral, three-person panel. That panel of neutrals would then gauge the estimated value of a case and supply a proposed settlement award. As an incentive to promote resolution of cases, a party could face sanctions for rejecting that proposed settlement amount if it did not prove additional damages at trial. According to a study commissioned by the Michigan Supreme Court, case evaluation was effective in promoting settlements that helped litigants avoid trial, but attorneys often preferred the flexibility of selecting other ADR procedures, such as mediation.

The Michigan Supreme Court recently issued new rules that eliminate the requirement to engage in case evaluation. Now, parties in a civil action may elect other ADR procedures, such as a mediated settlement conference, with or without submitting their case to a case evaluation panel. In addition, the threat of sanctions if a party does not accept a proposed settlement number from case evaluation has been eliminated. However, the case evaluation requirement was not removed from all cases and remains mandatory in some civil cases, such as medical malpractice disputes. Moreover, parties and judges may still elect to use case evaluation panels in all civil cases, but their use is no longer mandatory.

Litigation costs are a growing challenge to companies’ bottom lines. According to a 2010 study presented to the Judicial Conference of the United States, average litigation costs as a percentage of revenue grew by nearly 80% between 2000 and 2008. These increased costs were not due to an increase in attorneys’ hourly rates but were reflective of costly and time-consuming litigation activities, such as the production and review of voluminous documents during the discovery phase of lawsuits. As a result, according to a *Harvard Negotiation Law Review* article, corporations have shifted their practices toward attempting settlement through ADR without resorting to litigation. The Michigan Supreme Court’s newly altered procedures ensure that a range of options are available to parties seeking an early resolution of their legal disputes.

You can read the full version of the new procedural rules, together with comments from Michigan Supreme Court justices, at:

[https://www.courts.michigan.gov/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/adopted-orders/2020-06\_2021-12-02\_formattedorder\_amendtofmcr2.403.pdf](https://www.courts.michigan.gov/siteassets/rules-instructions-administrative-orders/proposed-and-recently-adopted-orders-on-admin-matters/adopted-orders/2020-06_2021-12-02_formattedorder_amendtofmcr2.403.pdf)

**Categories:** Practice Updates

**Tags:** Courts

---

### [Shareholder Suits after Cash-Out Mergers: Direct, Derivative, or Dead on Arrival?](https://wolfsonbolton.com/news-updates/2022/april/shareholder-suits-after-cash-out-mergers-direct-derivative-or-dead-on-arrival/)

**Published:** April 25, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Supreme Court recently clarified the rights of shareholders bringing claims after a cash-out merger. In *Murphy v. Inman*, a shareholder brought suit against the directors of the Covisint Corporation, alleging that the company’s directors had breached their fiduciary duty by failing to maximize shareholder value during a cash-out merger. Among other complaints, the plaintiff also alleged that the corporate directors failed to procure the best price for Covisint, failed to pursue higher offers, and failed to disclose materially important information.

The Court first considered whether the action was properly brought as a derivative action, in which a shareholder attempts to sue on behalf of the corporation to enforce obligations owed to the corporation, as opposed to a direct shareholder action, in which a shareholder sues in its own name to enforce obligations owed to the shareholder. This distinction is key, because it implicates the complaining plaintiff’s duties to complete pre-suit statutory requirements in the case of a derivative action, and can therefore affect whether a suit is permitted to proceed or is dismissed as procedurally improper. Additionally, damages recovered in a derivative suit belong to the corporation, while damages in a direct action belong to the shareholder personally.

The Court’s opinion simplified the existing test for whether a claim should be derivative or direct. Applying reasoning from Delaware courts, the Court condensed this distinction into two key questions: (1) whether the corporation or the individual suffered the alleged harm, and (2) whether the corporation or the individual would receive the benefit of any remedy awarded by a court. Here, the Court found that plaintiff’s lawsuit, even if ultimately successful, would not benefit Covisint because the company had been wholly acquired and subsumed into the purchaser corporation. Moreover, a higher merger price (which the plaintiff contended should have been obtained), does not implicate or harm the corporation’s rights, and only affected the amount each shareholder would have received as a result of the transaction. As a result, the Court held that the plaintiff’s action should have been filed as a direct shareholder action, rather than as a derivative action.

Finally, the Court clarified that boards of directors do owe fiduciary duties directly to shareholders during a cash-out merger. Corporate boards must be vigilant and disclose all material facts and fully attempt to maximize the highest price that is reasonably available to meet these duties. The defendant had asserted that the Michigan statute governing board fiduciary duties to the corporation was exclusive, meaning that shareholders were not individually owed fiduciary duties, but the Court rejected this position.

Debate on the merits and demerits of shareholder litigation procedures, such as the divide between direct and derivative actions, has been robust. Legal scholars have argued that stronger shareholder protections, along with easier access to derivative lawsuits, can lead to greater corporate social responsibility and greater worker safety, and can also affect a firm’s investment decisions and performance. Although derivative actions are relatively rare, the *Murphy v. Inman* decision issued by the Michigan Supreme Court helps illustrate a much clearer view of fiduciary duties, and the potential litigation, arising from cash-out merger scenarios and similar corporate transactions.

You can read the full Michigan Supreme Court opinion at: [https://www.courts.michigan.gov/4973da/siteassets/case-documents/uploads/opinions/final/sct/161454\_73\_01.pdf](https://www.courts.michigan.gov/4b0682/siteassets/case-documents/uploads/opinions/final/sct/161454_73_01.pdf)

**Categories:** Practice Updates

---

### [Expiration of the Coronavirus Aid, Relief, and Economic Security (CARES) Act](https://wolfsonbolton.com/news-updates/2022/april/expiration-of-the-coronavirus-aid-relief-and-economic-security-cares-act/)

**Published:** April 18, 2022
**Author:** Wolfson Bolton Kochis

**Content:**

On March 27, 2022, the CARES Act Amendments to the Bankruptcy Code expired, repealing numerous temporary safe harbor provisions afforded to consumer debtors and small business owners. The CARES Act was signed into law on March 27, 2020. The Act’s bankruptcy-specific amendments were set by Congress to terminate after one year. The sunset on these provisions was extended an additional year on March 27, 2021, pursuant to the Covid-19 Bankruptcy Relief Extension Act.

The CARES Act and subsequent Bankruptcy Relief Extension Act were enacted to provide greater accessibility to bankruptcy relief after the onset of the novel Coronavirus pandemic.

The following temporary amendments to the Bankruptcy Code have now officially been repealed two years after CARES was enacted:

**Amendment: The Temporary Exclusion of Stimulus Payments from Current Monthly Income**

§ 101(10A) The term “current monthly income” excludes – (V) Payments made under Federal Law relating to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (Covid-19).

§ 1325(b)(2). Confirmation of Plan \[T\]he term “disposable income: means current monthly income received by the debtor (other than payments made under Federal law relating to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (Covid-19)…)

**Temporary Impact:** This amendment had the effect of allowing debtors to access bankruptcy relief without having to sacrifice their federal stimulus funds for the benefit of creditors. Additionally, federal stimulus funds were not used to determine a debtor’s current monthly income or disposable monthly income for purposes of the means test. This exclusion of federal stimulus funds from an individual’s current monthly income allowed more individuals to qualify for chapter 7 relief. It also afforded a reduced unsecured dividend repayment for over-median individuals who filed for Chapter 13 after the act’s passing.

**After Repeal:** Consumer cases filed on or after March 28, 2022 must include any federal stimulus funds received during the six-month look back period for purposes of preparing the statement of current monthly income, the means test under § 707(b), and disposable income calculation under § 1325(b). Any stimulus funds the debtor continues to receive must also be considered disposable monthly income. Such funds on hand at the time a case is filed are considered to be property of the estate, which can be exempt under applicable state or federal bankruptcy exemptions.

**Amendment: Plan Modification Extensions for Chapter 13 Debtors**

§ 1329. Modification of Plan After Confirmation.

(d)(1) Subject to paragraph (3), for a plan confirmed prior to the date of enactment of this subsection, the plan may be modified upon the request of the debtor if –

(A) the debtor is experiencing or has experienced a material financial hardship due, directly or

indirectly to the coronavirus disease 2019 (COVID 19) pandemic; and

(B) the modification is approved after notice and a hearing.

(2) A plan modified under paragraph (1) may not provide for payments over a period of years that expires more than 7 years after the time that the first payment under the original plan was due.

(3) Sections 1322(a), 1322(b), 1322(c), and the requirements of 1325(a) shall apply to any modification under paragraph (1).

**Temporary Impact:** This amendment applied only to consumer chapter 13 cases that were confirmed *as of* March 27, 2020. It had the unintended effect of excluding many debtors whose matters were filed in February or early March, 2020, who equally suffered a financial setback due to the pandemic, but whose plans were not yet confirmed. For eligible cases with plans that were confirmed as of March 27, 2020, chapter 13 debtors were permitted to extend the repayment term of their plan by up to an additional 24 months, for plan not to exceed 7 years. By contrast, the Bankruptcy Code prohibits chapter 13 plans from exceeding 60 months, or, 5 years in length. In addition to having a confirmed plan as of March 27, 2020, eligible debtors had to demonstrate through the filing of a plan modification that they suffered a direct or indirect material financial hardship (such as loss of income due to illness or mandatory lockdown) because of the coronavirus pandemic.

**After Repeal:** There is a split of decisions on whether plan modifications filed under §1329(d)(1) had to be filed by March 27, 2022 or approved by March 27, 2022 to take advantage of the optional extension. Bankruptcy court decisions in plan modifications that were filed before March 27, 2022 but were subject to court approval following expiration of the relevant notice period are just beginning to come out in bankruptcy courts across the country. No appeals have been filed in the handful of bankruptcy court opinions rejecting unopposed modifications after March 27, 2022.

**Amendment: Expansion of a “Small Business Debtor”, and Increase in Debt Limit for Small Business Debtors under Subchapter V of Chapter 11**

§ 1182 Definitions

1. Debtor. – The term “debtor” –

(A) subject to subparagraph (B), means a person engaged in commercial or business activities (including any affiliate of such person that is also a debtor under this title and excluding a person whose primary activity is the business of owning single asset real estate) that has aggregate noncontingent liquidated secured and unsecured debts as of the date of the filing of the petition or the date of the order for relief in an amount not more than $7,500,000 (excluding debts owed to 1 or more affiliates or insiders) not less than 50 percent of which arose from the commercial or business activities of the debtor;

**Temporary Impact:** This amendment to subchapter V of chapter 11 had the effect of temporarily increasing the eligibility threshold for small businesses with total debts of less than $7,500,000. This increase in the debt limit for eligible small business debtors from $2,725,625 allowed more debtors to take advantage of the cost and time efficient subchapter V bankruptcy alternative to a traditional chapter 11.

**After Repeal:** Following the repeal on March 27, 2022, and for any cases filed after April 1, 2022, small business debtors must have noncontingent liquidated secured and unsecured debts of less than $3,024,725 to qualify for this expedited chapter 11 relief. The increase from $2,725,625 to $3,024,725 reflects the tri-annual routine debt limit adjustment made by the Judicial Conference. The sunset on the expansion of qualifications for a small business debtor under subchapter V of chapter 11 has significantly reduced eligibility for would-be debtors back to the pre-covid debt limit, adjustment notwithstanding. A recently introduce bipartisan Senate bill to permanently increase the small business debt limit back to the CARES Act debt ceiling is pending.

**Categories:** Practice Updates

---

### [Wolfson Bolton Earns Tier 1 Rankings in 2022 Edition Of U.S. News – “Best Law Firms” List](https://wolfsonbolton.com/news-updates/2021/november/wolfson-bolton-earns-tier-1-rankings-in-2022-edition-of-u-s-news-best-law-firms-list/)

**Published:** November 18, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton is proud to announce that the firm has received Metropolitan Tier 1 Rankings in two categories in the 2022 Edition of U.S. News – Best Lawyers “Best Law Firms” in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law and Litigation – Bankruptcy. WB also received a Metropolitan Tier 3 Ranking in Litigation – Trusts & Estates.

Firms included in the 2022 Edition of U.S. News – Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. To be eligible for a ranking, a firm must first have a lawyer recognized in The Best Lawyers in America©, which recognizes 5% of lawyers practicing in the United States. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.

**Categories:** Firm News

**Tags:** Honors

---

### [Federal Courts Broadly Construe Subchapter V Eligibility](https://wolfsonbolton.com/news-updates/2021/july/federal-courts-broadly-construe-subchapter-v-eligibility/)

**Published:** July 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

In 2019, Congress passed the Small Business Reorganization Act. A major facet of the Act was the creation of Subchapter V, which provides a more streamlined and efficient reorganization process for small businesses.

A requirement of Subchapter V is that the Debtor must be engaged in commercial or business activities. Recent bankruptcy court holdings have interpreted this to allow broad eligibility.

In *In re Offer Space LLC*, No. 20-27480, 2021 Bankr. LEXIS 1077 (Bankr. D. Utah April 22, 2021), a soon-to-be Debtor sold the main operational asset of its business – its proprietary software. Thereafter, the Debtor filed for Subchapter V bankruptcy relief under Chapter 11 of the Bankruptcy Code. The Trustee, however, opposed the Debtor’s eligibility, alleging the Debtor was no longer an operational business when it filed for bankruptcy. Specifically, the Trustee sought to disqualify Debtor’s eligibility based on the facts that: 1) Debtor had no employees, 2) Debtor no longer conducted business in the manner it previously conducted business, and 3) Debtor had no intention to reorganize its business and instead intended to liquidate its assets. The Trustee concluded that because Debtor was no longer an operating business, it could not be “engaged in commercial or business activities.”

The Court reasoned that “activities” and “operations” are not interchangeable terms. Being engaged in business activities does not presuppose that those activities must relate to the core operation of the company. Had Congress used the term operations instead of activities, the Court indicated it would have to adopt the Trustee’s narrow reading. But neither a plain reading of the provision nor the legislative history supported this narrow reading in the Court’s view.

The Court rejected the Trustee’s position and held that the Debtor was engaged in commercial or business activities, satisfying the eligibility requirements of Subchapter V. Particularly, Debtor was engaged in commercial or business activities by: 1) maintaining active bank accounts, 2) maintaining accounts receivable, 3) managing a lawsuit, 4) managing its sock, and 5) winding down its business. The Debtor was, therefore, eligible to proceed under Subchapter V of Chapter 11 of the Bankruptcy Code.

Earlier this month, a bankruptcy court in Texas adopted this holding. In *In re Port Arthur Steam Energy, L.P.*, No. 21-60034, 2021 Bankr. LEXIS 1793 (Bankr. S.D. Tex. July 1, 2021), the Court found that “actively pursuing litigation against a third party, seeking to collect on outstanding accounts receivable, selling an asset, and preserving value” are all commercial and business activities sufficient to support Subchapter V eligibility. The Court held, “\[t\]his Section . . . does not require a debtor to maintain its core or historical business operations on the petition date. It requires that the debtor was engaged in commercial or business activities.”

These broad holdings are welcome news for small business debtors because a common consequence of a bankruptcy filing is that the Debtor may suspend the core operational facet of its business.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Sixth Circuit Holds Arbitrability Must Be Decided By Arbitrator, Not AAA Administrator](https://wolfsonbolton.com/news-updates/2021/june/sixth-circuit-holds-arbitrability-must-be-decided-by-arbitrator-not-aaa-administrator/)

**Published:** June 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

In the United States, early agreements to arbitrate were met with judicial hostility by courts who felt their authority was usurped by private adjudicators, or who felt that individual consumers’ rights stood to be trampled by privatizing the judiciary. Regardless of the myriad rationales by which courts chose to disfavor private arbitration agreements, virtually all opposition was swept away by Congress when it passed the Federal Arbitration Act (FAA) in 1925, making arbitration the law of the land.

 Since the FAA became the controlling authority on what may or may not be arbitrated, courts have wrestled with the question of who should determine the arbitrability of a dispute. While countless cases stand for the proposition that an arbitrator may determine whether a dispute is arbitrable, the Sixth Circuit recently decided in *Ciccio v. SmileDirectClub, LLC*, 20-5833, 2021 WL 2621115, at \*1 (6th Cir. June 25, 2021) the question of whether an American Arbitration Association (AAA) *administrator* could pass judgment on the arbitrability of a dispute.

 Dana Johnson brought suit against SmileDirectClub LLC in court, but due to an earlier arbitration agreement between the parties, Johnson voluntarily dismissed his claim and submitted it for arbitration to the AAA. However, prior to an arbitrator actually hearing the dispute, an AAA administrator determined the claim implicated numerous AAA policies precluding arbitration.

 Upon his return to the judicial system, the district court held Johnson satisfied his obligations under the arbitration agreement. Not so, according to the Sixth Circuit, which held that, “Whether an arbitration agreement covers a dispute is a gateway question of arbitrability, and here the parties delegated such questions to an arbitrator.” The Court reversed and remanded, sending the question to an arbitrator.

 Some might say the courts have come full circle of arbitrability from snatching cases away from arbitrators one hundred years ago to now sending cases back to arbitrators who may not even wish to hear them.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Court Rebuffs NRA’s Bankruptcy Petition As Filed in Bad Faith](https://wolfsonbolton.com/news-updates/2021/may/court-rebuffs-nras-bankruptcy-petition-as-filed-in-bad-faith/)

**Published:** May 3, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

A federal bankruptcy judge recently ruled that the NRA cannot proceed with its bankruptcy because it filed its petition in bad faith. The story starts in New York, where the NRA is incorporated.

Last year, New York’s Attorney General launched an investigation into the NRA and brought various claims against the organization and the organization’s officials, including breach of fiduciary duty, self-dealing, and mismanagement. As one of its remedies, the NYAG sought dissolution of the NRA. In response, the NRA formed Sea Girt LLC – a Texas LLC with no employees or operations, owned by the NRA. Two months after Sea Girt’s formation, the NRA filed for bankruptcy in Texas.

The NRA offered several justifications for its bankruptcy filing, citing to 1) the cost of ongoing litigation, 2) its need to centralize litigation, and 3) its wish to restructure in Texas. The NYAG responded that the NRA filed bankruptcy to evade civil prosecution and regulatory oversight in New York. The NRA, in a colorful response, maintained that it filed for bankruptcy in good faith and that “absent being able to streamline discovery and have all of this litigation . . . handled in a centralized forum, the NRA was indeed facing the adage, death by a thousand cuts.”

However, the evidence demonstrated that the NRA was in one of its strongest financial conditions, *ever*. In fact, the NRA’s executive vice president admitted that if the bankruptcy case were dismissed, the NRA would still meet its financial obligations and repay its debts in full. When probed further, he admitted that the NRA filed bankruptcy to look for a “fair legal playing field where the NRA could prosper and grow in a fair legal environment.”

The Court held that the evidence did not support a good-faith filing. The Court acknowledged, however, that the NRA did have some legitimate interests in filing for bankruptcy – to reduce operating costs, to address burdensome contracts and leases, and to modernize the NRA’s organization structure. However, “determining whether the debtor’s filing for relief is in good faith depends largely upon the bankruptcy court’s on-the-spot evaluation of the debtor’s financial condition, motives, and the local financial realities. Findings of lack of good faith . . . have been predicated on certain recurring but non-exclusive patterns, and they are based on a conglomerate of factors rather than on any single datum.” In simpler terms, whether an entity filed for bankruptcy in good faith is a “totality of the circumstances” consideration. Here, the Court found that the NRA’s primary motive in filing for bankruptcy was to gain an unfair litigation advantage and to evade New York’s regulatory scheme.

As the Court acknowledged, bankruptcy has a lot of benefits for distressed companies seeking reorganization. But the NRA presents a cautionary tale for organizations pursuing Chapter 11 protection – be prepared to defend your good-faith filing.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Bankruptcy Courts Use Force Majeure Clauses in Commercial Leases to Provide Relief during the Pandemic](https://wolfsonbolton.com/news-updates/2021/april/bankruptcy-courts-use-force-majeure-clauses-in-commercial-leases-to-provide-relief-during-the-pandemic/)

**Published:** April 5, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

In cases as recent as January 27, 2021, bankruptcy courts have held that a force majeure clause in a lease agreement allowed for full or partial rent abatement despite the requirement by Section 365 of the U.S. Bankruptcy Code of debtors leasing non-residential real property to perform their rent obligations. Section 365(d)(3) of the Code allows a court to extend the deadline for payment of rent obligations for 60 days, which courts have seemed to grant liberally in the face of the pandemic. However, some courts are now allowing for additional abatement above and beyond the 60 days allowed in Section 365(d)(3).

In *In re Cinemex USA Real Estate Holdings, Inc*, No. 20-14695-BKC-LMI, 2021 Bankr. LEXIS 200 (Bankr. S.D. Fla. Jan. 26, 2021), following the 60-day extension granted pursuant to Section 365(d)(3), the court found that the force majeure clause in the commercial lease excused payment of rent while the debtor was forced to remain closed as a result of government shut downs in response to the COVID-19 pandemic. The court abated rent beyond the initial 60-day period until the theater could reopen.

Similarly, In *In re Hitz Restaurant Group*, 616 B.R. 374 (Bankr. N.D. Ill., 2020), the court held that stay-at-home order issued during the COVID-19 pandemic, which prevented debtor from providing on-premises dining at its restaurant and limited it to takeout and curbside service, partially relieved debtor of obligation to pay rent under the force majeure clause in its lease. The court awarded partial abatement of the rent owed, holding that the rent obligation should be reduced in proportion to the extent that the shutdowns limited debtor’s ability to generate revenue.

However, in *In re CEC Entm’t, Inc.*, 625 B.R. 344 (Bankr. S.D. Tex. 2020), the leases contained stricter language in its leases, prohibiting debtor from delaying rent payments on account of a force majeure and the court held that the debtor was not entitled to rent abatement beyond the 60-days allowed by Section 365(d)(3).

Following these decisions, debtors should closely examine the terms of their commercial leases to determine whether a force majeure clause can provide a basis to avoid the obligations of Section 365(d)(3) and if additional relief may be available in the form of rent abatement.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Eleventh Circuit Upholds Discharge Injunction to Prohibit Post-Discharge Suit for Collection of a Nondischargeable Debt](https://wolfsonbolton.com/news-updates/2021/april/eleventh-circuit-upholds-discharge-injunction-to-prohibit-post-discharge-suit-for-collection-of-a-nondischargeable-debt/)

**Published:** April 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

On March 25, 2021, the Eleventh Circuit Court of Appeals ruled that a chapter 7 discharge prohibits the holders of a nondischargeable debt from suing the debtor post-discharge to collect a judgment. The Court in *Suvicmon Dev., Inc. v. Morrison*, 2021 U.S. App. LEXIS 8724 held that a fraudulent transfer action is not synonymous with execution of a judgment, simply because the underlying debt is excepted from discharge. The court reasoned that “fraudulent transfer claims must be based on an underlying claim by a creditor, which the creditor could have sought to satisfy out of the asset that was transferred. However, as a distinct cause of action, a fraudulent transfer claim is a claim distinct from the claim on which it is predicated, in this case the plaintiffs’ securities-fraud claims.”

In *Suvicmon*, Morrison filed for chapter 7 relief while a state court suit for securities fraud and fraudulent transfers was pending against him. The suit also named his sons as recipients of the alleged transferred property. Northern District of Alabama Bankruptcy Judge Clifton R. Jessup, Jr. granted the creditors relief from stay, allowing that suit to proceed to completion but not to execution of a judgment. The creditors also filed a nondischargeability action in the bankruptcy court, seeking a declaration that the debts arising from the state court suit be held nondischargeable. While the state court and adversary proceedings were pending, the chapter 7 Trustee issued a no-asset report, abandoning all estate property, including the alleged fraudulent transfer claims. Shortly thereafter, Morrison received his chapter 7 discharge.

In the months that followed, the state court entered a judgment of $1.875 million in favor of the creditors on the securities fraud claim but found for Morrison and his sons on the fraudulent transfer claims. Accordingly, Judge Jessup Jr. entered a non-dischargeable judgment against Morrison in the adversary proceeding for $1.875 million. The creditors sought leave to appeal the state court judgment on the fraudulent transfer count, which the bankruptcy court denied. Judge Jessup Jr. ruled “that the discharge injunction barred creditors from proceeding against Morrison in the state courts on the fraudulent transfer claims.” The Northern District of Alabama affirmed the bankruptcy court determination, and the Eleventh Circuit Court of Appeals similarly found that this decision by the bankruptcy court was not an abuse of discretion.

Finally, *Suvicmon* provides debtors with an important procedural distinction: whereas an adversary proceeding in the chapter 13 context must generally be resolved before confirmation can take place, a chapter 7 discharge can be entered at any time, even while an adversary proceeding for nondischargebility is pending. By seeking chapter 7 relief, Morrison likely mitigated additional monetary damages that were thwarted by the timely entry of his chapter 7 discharge.

Individuals defending state or federal causes of action may consider insolvency or reorganization as a possible alternative. Borrowers and defendants should carefully review all options for seeking relief under chapters 7, 13 or 11 with an experienced bankruptcy attorney. Michelle H. Bass of Wolfson Bolton’s Consumer Bankruptcy practice is available to advise and assist.

**Categories:** Practice Updates

**Tags:** Courts

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### [Third Circuit Confirms Triangular Setoffs Do Not Meet Mutuality Requirement of Section 553](https://wolfsonbolton.com/news-updates/2021/march/third-circuit-confirms-triangular-setoffs-do-not-meet-mutuality-requirement-of-section-553/)

**Published:** March 3, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

In a precedential opinion on March 19, 2021 the Third Circuit Court of Appeals held that the use of a distribution agreement did not create an exception to the mutuality required by Section 553 of the U.S. Bankruptcy Code. The Third Circuit, in agreement with the lower courts, rejected McKesson’s request to set off its $7 million debt obligation by the $9 million amount Orexigen owed McKesson Patient Relationship Solutions (MPRS), a subsidiary of McKesson, which would have reduced MPRS’s claim to approximately $2 million and McKesson’s debt to zero.

In *In re Orexigen Therapeutics, Inc.*, No. 20-1136 (3d Cir. Mar. 19, 2021), the court held that mutuality is a distinct limitation on the right to setoff under §553 of the Bankruptcy Code and that mutuality means only debts owing between two parties, specifically those owing from a creditor directly to the debtor and, in turn, owing from the debtor directly to that creditor and does not include any contractual elaboration on that kind of simple, bilateral relationship, such as triangular setoffs. Finally, the court held that in this case, the parent company could not avoid the mutuality requirement by use of a setoff provision in a distribution agreement its subsidiary had with the Debtor. The court did note that if McKesson wanted to ensure mutuality for the debts in question, it should have “taken on the customer loyalty support that it instead had its subsidiary MPRS handle for Orexigen” or alternatively, “\[b\]y perfecting a security interest, MPRS may have obtained a priority right to the same amount McKesson now seeks via setoff, which would have had the added benefit of placing Orexigen’s other creditors on advance notice of that priority claim.”

**Categories:** Practice Updates

**Tags:** Courts

---

### [SBA Issues Guidance on PPP Loans and Change of Ownership Transactions](https://wolfsonbolton.com/news-updates/2021/march/sba-issues-guidance-on-ppp-loans-and-change-of-ownership-transactions/)

**Published:** March 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

On October 2, 2020, the U.S. Small Business Association issued a Procedural Notice providing “information concerning the required procedures for changes of ownership of an entity that has received Paycheck Protection Program (PPP) funds.” For purposes of the notice, a “change of ownership” occurs when (1) at least 20% of the company’s ownership interests (e.g. common stock, membership interests) are sold or transferred, (2) at least 50% of the company’s assets are sold or transferred, or (3) the company is merged with or into another entity. Before closing on the transaction, the borrower must notify the lender in writing of the proposed transaction and provide the lender with a copy of the underlying change of ownership agreement. While the borrower will remain responsible for all of the obligations under the PPP loan regardless of whether a change of ownership occurs, there are different procedures to be followed depending on the circumstances of the transaction.

If, before the closing, the loan is fully satisfied by the borrower or forgiven (and the SBA has satisfied the loan or the borrower has repaid any remaining balance), there are no restrictions on the change of ownership. If the loan remains outstanding before the closing, SBA approval is not required if: (i) the company is transferring 50% or less of its ownership interests; or (ii) the company is transferring more than 50% of its ownership interests or 50% or more of its assets, the company has submitted a forgiveness application, and the company has established an escrow account holding funds equal to the outstanding balance of the loan. If the change of ownership does not meet the above conditions, the SBA must approve the transaction, which may require the purchasing entity to assume the borrower’s obligations under the loan. Further details regarding changes of ownership and PPP loans can be found [here](https://www.sba.gov/sites/default/files/2020-10/5000-20057.pdf).

The SBA’s notice provides additional clarity regarding the interplay of changes of ownership and PPP loans. Stock and asset purchasers and sellers should carefully review the notice and other rules and documents regarding these loans before closing on a transaction. Peter C. Bolton and Eric A. Zacks of Wolfson Bolton’s M&A team are available to assist with any questions.

**Categories:** Practice Updates

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### [Management Cannot Preclude Directors’ Access to Privileged Communications](https://wolfsonbolton.com/news-updates/2021/february/management-cannot-preclude-directors-access-to-privileged-communications/)

**Published:** February 1, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

A Delaware court recently held that a corporation’s management could not preclude the corporation’s directors from accessing privileged communications between management and company counsel. In *In re WeWork Litigation*, 2020 Del. Ch. LEXIS 270 (Ch. Aug. 21, 2020), The We Company’s board of directors formed a special committee to evaluate a potential transaction with SoftBank. When the transaction fell through, the special committee filed a lawsuit against SoftBank. The board of directors then formed a new committee to determine whether the special committee had the authority to file the lawsuit, with the new committee concluding that it did not.

After the new committee instructed company counsel to dismiss the lawsuit, the special committee sought all privileged communications between management and company counsel relating to the establishment of the new committee and how it may have been influenced by management. The Delaware court granted the request by holding that directors “of a corporation are presumptively entitled to obtain the corporation’s privileged information as a joint client of the corporation and any curtailment of that right cannot be imposed unilaterally by corporate management untethered from the oversight and ultimate authority of the corporation’s board of directors.” This is because “it is a cardinal precept of Delaware law that the business and affairs of a corporation shall be managed by or under the direction of a board of directors.” In claiming the right to shield company privileged information from the entire board, management turned “these bedrock principles of Delaware law on their head.” The decision serves as a reminder of the relationship between management, directors, and company counsel.

**Categories:** Practice Updates

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### [Supreme Court: Mere Retention Of Property Does Not Violate Bankruptcy Automatic Stay](https://wolfsonbolton.com/news-updates/2021/january/supreme-court-mere-retention-of-property-does-not-violate-bankruptcy-automatic-stay/)

**Published:** January 4, 2021
**Author:** Wolfson Bolton Kochis

**Content:**

Resolving a split amongst the Circuit Court of Appeals, the United States Supreme Court recently held that retaining possession of a debtor’s property after a bankruptcy filing does not violate the automatic stay of 11 U.S.C. 362. The case is *City of Chicago v. Fulton,* 592 U.S. \_\_\_ (2021). At issue was the City of Chicago’s impounding and retention of vehicles for failure to pay parking and other fines. Individuals filed bankruptcy and demanded that the City turnover their impounded vehicles. The City refused. The Seventh Circuit Court of Appeals held that the City’s failure to turnover the vehicles was a violation of the automatic stay, 11 U.S.C. 362(a)(3), reasoning that retaining possession after a bankruptcy was filed was an act to exercise control over a debtor’s property. The Supreme Court vacated the Seventh Circuit’s decision, holding that the proper reading of Section 362 is a prohibition against affirmative acts that would disturb the status quo of bankruptcy estate property as of the bankruptcy petition date. And, an affirmative act requires something more than retention of possession.

The Court expressly refused to decide how the turnover obligation under Section 542 operates. In so doing, the Court arguable left open the door for debtors to seek turnover of the impounded vehicles from the City.

**Categories:** Practice Updates

**Tags:** Courts

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### [Court of Appeals Applies Michigan Law to Forum-Selection Clause, Regardless of Parties’ Choice of Law](https://wolfsonbolton.com/news-updates/2020/december/court-of-appeals-applies-michigan-law-to-forum-selection-clause-regardless-of-parties-choice-of-law/)

**Published:** December 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

In a case of first impression, the Michigan Court of Appeals recently held that Michigan law applies to the interpretation of a contract’s forum-selection clause, regardless of whether the contract contains a choice of law clause for a different state. In *Barshaw v. Allegheny Performance Plastics, LLC*, No. 350279 (Mich. Ct. App. November 24, 2020), the parties’ contract stated that it must be “interpreted in accordance with the laws of the State of Pennsylvania” and that Pennsylvania courts have jurisdiction to determine any dispute related to the contract. The plaintiff filed a lawsuit in Michigan alleging a breach of the contract, and a dispute arose regarding the proper forum. Under Pennsylvania law, the contract’s forum-selection clause granted exclusive jurisdiction to Pennsylvania courts. However, under Michigan law, the forum-selection clause was permissive only. The Michigan Court of Appeals noted that a forum-selection clause is similar to the doctrine of forum non conveniens; both present a “threshold, nonmerits issue” that is typically a procedural matter, not a substantive one. The Court concluded, “\[A\] forum-selection clause may be considered separately from any choice-of-law provision that may also be in the contract, and in such cases, the Michigan court in which the action has been filed, shall apply Michigan law in determining the effect of the forum-selection clause.”

The takeaway for contracting parties is that a forum-selection clause may not be enforceable even if the parties inserted a supporting choice of law provision. Parties must consider all courts that may have jurisdiction over a claim when negotiating or enforcing an agreement.

**Categories:** Practice Updates

**Tags:** Courts

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### [Vonica Sallan Joins Wolfson Bolton as Associate Attorney](https://wolfsonbolton.com/news-updates/2020/september/vonica-sallan-joins-wolfson-bolton-as-associate-attorney/)

**Published:** September 1, 2020
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton PLLC is pleased to announce that Vonica Sallan has joined the firm as an associate attorney.

Vonica started with WB in 2019 as a law clerk. She is a graduate of Wayne State University Law School, where she was named a President’s Scholar and a Silver Key recipient. While in law school, Vonica served as the Article Editor and the Reviewing Editor for the Journal of Law in Society.

Vonica earned her Bachelor of Arts in Political Science with honors from the University of Michigan. She was awarded the Jean Fairfax Scholarship. Prior to joining Wolfson Bolton, Vonica interned for the Honorable Judith Levy, a federal judge on the United States District Court for the Eastern District of Michigan.

**Categories:** Firm News

**Tags:** Staff

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### [Wolfson Bolton Obtains Summary Judgment in Michigan Sales Representative Commission Act Case](https://wolfsonbolton.com/news-updates/2018/november/wolfson-bolton-obtains-summary-judgment-in-michigan-sales-representative-commission-act-case/)

**Published:** November 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

Wolfson Bolton has obtained summary judgment in the U.S. District Court for the Eastern District of Michigan for its publicly-traded client who had been sued for breach of contract and a violation of the Michigan Sales Representative Commission Act. The Complaint, filed in March of 2016, alleged damages in excess of $1 million. The court granted Wolfson Bolton’s motion for summary judgment on March 16, 2018 on cross motions for summary judgment by the parties. Plaintiff filed a motion for reconsideration, which the court denied on November 19, 2018.

Wolfson Bolton’s litigation team was led by Scott A. Wolfson and included Adam L. Kochenderfer.

**Categories:** Firm News

**Tags:** Clients

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### [Law Firm’s Retainer Not Required to be Returned to Bankruptcy Estate](https://wolfsonbolton.com/news-updates/2018/october/law-firms-retainer-not-required-to-be-returned-to-bankruptcy-estate/)

**Published:** October 3, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Bankruptcy Court for the Southern District of Florida dismissed an adversary proceeding filed by a secured lender seeking the return of a $200,000 retainer provided by a borrower to its bankruptcy counsel prior to filing for chapter 11 bankruptcy. In Armstrong Bank v. Shraiberg, Landau & Page, P.A. (In re Tuscany Energy, LLC), 581 B.R. 681 (Bankr. S.D. Fla. 2018), Armstrong Bank asserted a number of claims against Tuscany Energy, LLC’s law firm, including conversion, tortious interference with the bank’s loan agreement with Tuscany Energy, and unjust enrichment.

In dismissing the proceeding, the court held that not only did the bank not have a perfected security interest under UCC § 9-315 in the deposit account from which the retainer was paid, but even if it did, the debtor’s bankruptcy counsel was a transferee of the funds and took them free of the bank’s security interest in accordance with UCC § 9-332 because it had not colluded with the debtor. In so ruling, the court emphasized that UCC § 9-332 provides a “high bar to a secured creditor’s pursuit of a transferee from a deposit account subject to the secured creditor’s lien,” and the mere fact that the law firm knew that the debtor was in default of its loans with Armstrong Bank at the time the retainer was paid did not rise to the level of collusion.

**Categories:** Practice Updates

---

### [WB Obtains Preliminary Injunction for Client Enforcing Non-Compete Agreement](https://wolfsonbolton.com/news-updates/2018/october/wb-obtains-preliminary-injunction-for-client-enforcing-non-compete-agreement/)

**Published:** October 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

WB attorney Adam Kochenderfer recently secured a preliminary injunction ordering a former employee of WB’s client to comply with a non-competition agreement. The former employee had joined a competitor shortly after leaving her job. WB’s client alleged that the former employee had used confidential and proprietary information, and sought an injunction barring the individual from working for the competitor. The Oakland County Circuit Court granted the requested relief within days after WB filed the motion, finding that the plaintiff was “very likely” to prevail on the merits and faced irreparable harm if the former employee’s conduct continued.

**Categories:** Firm News

**Tags:** Clients

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### [Sixth Circuit Holds That Judgment Can Have Preclusive Effect Despite Being Set Aside](https://wolfsonbolton.com/news-updates/2018/october/sixth-circuit-holds-that-judgment-can-have-preclusive-effect-despite-being-set-aside/)

**Published:** October 1, 2018
**Author:** Wolfson Bolton Kochis

**Content:**

The Sixth Circuit Court of Appeals recently held that a judgment set aside for settlement purposes can have preclusive effect in subsequent litigation. In *Watermark Senior Living Retirement Communities, Inc. v. Morrison Management Specialists, Inc.*, case no. 17-2129 (6th Cir. 2018), Watermark was a nursing home that had previously been sued by a decedent’s estate in a wrongful death case. Morrison was a contractor that had provided kitchen and dining services for the facility at issue, but Watermark chose not to implead Morrison as a responsible party. The jury found that Watermark had negligently caused the decedent’s injuries and a judgment was entered against Watermark. Watermark and the estate then settled for a lower amount, and jointly moved the trial court to set aside the judgment. The court granted the motion.

Watermark subsequently brought an action against Morrison under an indemnification clause in the parties’ contract requiring Morrison to indemnify Watermark for any loss arising out of Morrison’s negligence. However, the district court found that issue preclusion barred Watermark’s claims despite the fact that the previous judgment had been set aside. The Sixth Circuit Court of Appeals affirmed. “\[W\]hen a litigant elects to settle rather than appeal after receiving an adverse judgment . . . the losing party acquiesces in the court’s decision, even if he disagrees with it . . . . The party has had his day in court and waived his right to an appeal.”

A defendant should give careful consideration to whether a third party is responsible for alleged injuries and whether that third party should be joined into litigation at its onset. Under this recent opinion, the defendant may lose the ability to later seek indemnification from the third party.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Ninth Circuit Determines De Facto Control is not Dominion in Fraudulent Transfer Case](https://wolfsonbolton.com/news-updates/2017/november/ninth-circuit-determines-de-facto-control-is-not-dominion-in-fraudulent-transfer-case/)

**Published:** November 3, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The Ninth Circuit recently affirmed a District Court ruling that applied the “dominion test” instead of the “control test” to determine initial transferees of fraudulent transfers. In the case, Henry v. Official Comm. of Unsecured Creditors of Walldesign, Inc. (In re Walldesign, Inc.), 872 F.3d 954 (9th Cir. 2017), Michael Bello served as the sole shareholder, director, and president of Walldesign, Inc., a California corporation. In 2002, Mr. Bello opened a bank account in the company’s name using Walldesign’s Federal Tax I.D. Number, a Statement by Domestic Stock Corporation, Walldesign’s Articles of Incorporation, a Unanimous Consent of Shareholder of Walldesign to Corporate Action, and a signature card granting him signing authority as Walldesign’s agent to open the secondary account. Mr. Bello funneled nearly $8 million of Walldesign funds into this account. He then used funds from the account to support a lavish lifestyle. Transfers out of this account included payments to Mr. and Mrs. Buresh and Ms. Henry, the appellants. All parties agreed that this account belonged to Walldesign, not to Mr. Bello. Mr. Bello never deposited the funds into a personal account before making payments to the Bureshes and Ms. Henry. The Ninth Circuit addressed the distinction between initial transferees and subsequent transferees in the recovery of fraudulent transfers. Pursuant to 11 U.S.C. 550(a), when there is an avoidable transfer, the trustee has an absolute right of recovery against the initial transferee and any entity for whose benefit such transfer was made. A trustee may recover from a subsequent transferee, but the law offers a safe harbor provision to subsequent transferees who accepted the property for value, in good faith, and without knowledge. The Ninth Circuit first determined who could be considered a “transferee.” The Court adopted the “dominion test” and ruled that a transferee must have dominion over the money or asset such that he has legal title to the funds and the right to put the money to one’s own purposes. The Court rejected the more lenient “control test,” which requires the court to view the entire transaction as a whole to determine who truly had control of the money. When applying the dominion test to cases involving corporate misappropriation, the Court adopted the majority, one-step transaction approach. Under this approach, the principal of a debtor corporation who misappropriates company funds to satisfy personal obligations is not an initial transferee. The funds in the Walldesign account remained under the dominion of Walldesign, Inc. Despite Mr. Bello’s de facto control over the account, he never had the legal authority to spend the money as he did. Therefore, Mr. Bello was never a transferee of these funds. Rather, he misappropriated corporate funds to the Bureshes and Ms. Henry. The Ninth Circuit considered this a classic one-step transaction which resulted in the Bureshes and Ms. Henry being strictly liable as initial transferees and Mr. Bello strictly liable as the party for whose benefit the transfers were made. The Court noted that despite assigning responsibility to seemingly innocent initial transferees, as a matter of policy, the option to recover from all parties should be preserved where possible. Maintaining the possibility of recovering fraudulent transfers from “good guys” and “bad guys” alike is critical because recovering from the embezzling principal is difficult. The Committee was limited to seeking a single satisfaction from Mr. Bello, the Bureshes and Ms. Henry. 11 U.S.C. 550(d).

**Categories:** Practice Updates

**Tags:** Courts

---

### [Sixth Circuit Narrows Ability to Use Antitrust Violations as an Affirmative Defense](https://wolfsonbolton.com/news-updates/2017/september/sixth-circuit-narrows-ability-to-use-antitrust-violations-as-an-affirmative-defense/)

**Published:** September 5, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The Sixth Circuit Court of Appeals recently affirmed a trial court’s decision to strike an affirmative defense alleging antitrust violations in a breach of contract case. In Hemlock Semiconductor Operators, LLC v. SolarWorld Industries Sachsen GmbH, 2017 U.S. App. LEXIS 15380 (6th Cir. 2017), the parties had entered into long-term supply agreements under which the plaintiff would sell to the defendant set quantities of polysilicon. The parties reached a temporary agreement to lower prices during a single year, but when that year expired, the defendant refused to revert back to the original pricing. The plaintiff sued for breach of contract. In response, the defendant asserted an affirmative defense alleging that the agreements at issue were illegal under antitrust laws and, therefore, the defendant was not responsible for lost profits. The district court struck the affirmative defense, and the Sixth Circuit Court of Appeals affirmed the decision. Specifically, the Court of Appeals cited case law enforcing promises that were legal, even if the promise was part of an agreement containing a separate, illegal provision. The Court of Appeals expressed particular concern regarding defendants’ reliance on alleged violations of antitrust laws. “If buyers were allowed to broadly assert antitrust defenses, they would be able to unfairly obtain goods without paying for them. . . . \[I\]llegality defenses based on antitrust law are disfavored, especially when allowing the defense would ‘let the buyer escape from its side of a bargain’ after having received a benefit.” The case is a reminder that illegality of a contract alone may not be sufficient to prevent enforcement of a contract’s terms.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Fraud Of A Greater Magnitude: Sixth Circuit Reinforces High Bar For Relief Under Rule 60(d)(1)](https://wolfsonbolton.com/news-updates/2017/september/fraud-of-a-greater-magnitude-sixth-circuit-reinforces-high-bar-for-relief-under-rule-60d1/)

**Published:** September 4, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

In Giasson Aero. Sci., Inc. v. RCO Eng’g Inc., 2017 U.S. App. LEXIS 18165 (6th Cir. Sep. 20, 2017), the Sixth Circuit Court of Appeals held that a party seeking an independent action for relief from a final judgment under Rule 60(d)(1) must demonstrate a “grave miscarriage of justice” that is “several notches above” common law fraud. The case involves a settling party’s request to undo a settlement agreement executed nearly seven years ago on the basis that the opposing party misrepresented pricing information during settlement negotiations that led to a royalty-based settlement. In affirming the district court’s dismissal of the settling party’s complaint, the Sixth Circuit did not specifically define what a grave miscarriage of justice means, but it did state that it is something far greater than “recovery of less-than-ideal royalty payments” negotiated by sophisticated parties that were represented by legal counsel. This case reinforces the judicial policy in favor of settlement agreements, noting that independent actions under Rule 60(d)(1) should be granted only under unusual and exceptional circumstances.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Ninth Circuit Allows Trustee’s Fraudulent Conveyance Suit against IRS](https://wolfsonbolton.com/news-updates/2017/september/ninth-circuit-allows-trustees-fraudulent-conveyance-suit-against-irs/)

**Published:** September 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The Ninth Circuit Court of Appeals recently split with the Seventh by holding that sovereign immunity does not prevent a bankruptcy trustee from avoiding a debtor’s federal tax payments to the Internal Revenue Service. In Zazzali v. United States (In re DBSI, Inc.), No. 16-35597, 2017 U.S. App. LEXIS 16817 (9th Cir. May 17, 2017), DBSI, Inc. and its affiliated entities operated an illegal Ponzi scheme that engaged in the acquisition, development, management, and sale of commercial real estate properties throughout the United States. While operating the scheme, DBSI paid the IRS a total of approximately $17 million on behalf its shareholders. DBSI subsequently filed for bankruptcy, after which DBSI’s liquidating trustee sought to avoid and recover the tax payments as fraudulent transfers under 11 U.S.C. 544(b)(1) and Idaho’s Uniform Fraudulent Transfer Act. In defense, the IRS claimed that its sovereign immunity prohibited the trustee from recovering the payments. Section 544(b)(1) provides that a trustee may avoid any transfer of an interest of the debtor in property or any obligation incurred by the debtor that is voidable under applicable law by a creditor holding an unsecured claim. The effect of this section is “to clothe the trustee with no new or additional right in the premises over that possessed by a creditor, but simply puts him in the shoes of the latter.” “If the actual creditor could not succeed for any reason-whether due to the statute of limitations, estoppel, res judicata, waiver, or any other defense-then the trustee is similarly barred and cannot avoid the transfer.” The effect of Section 544(b)(1) is that a trustee is normally subject to a government’s sovereign immunity defense. However, Congress expressly abrogated sovereign immunity “with respect to” Section 544(b)(1) under 11 U.S.C. 106(a)(1). Given this express abrogation, and using well-settled canons of statutory interpretation, the Ninth Circuit found Congress’s waiver of sovereign immunity unequivocal, resulting in a split with the Seventh Circuit, which held otherwise.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Adverse-Domination Doctrine Does Not Toll Statute of Limitations For Claims Committee Could Have Brought](https://wolfsonbolton.com/news-updates/2017/august/adverse-domination-doctrine-does-not-toll-statute-of-limitations-for-claims-committee-could-have-brought/)

**Published:** August 7, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

In Gecker v. Estate of Flynn (In re Emerald Casino, Inc.), 2017 U.S. App. Lexis 14895 (7th Cir., August 11, 2017), the Chapter 7 trustee sued former casino officers, directors, and shareholders for, among other things, breaches of fiduciary duties in connection with the casino’s loss of its gaming license. The breach of fiduciary duty cause of action accrued in 2001, but the Chapter 7 trustee did not sue until 2008, well-beyond the five-year statute of limitation under Illinois law. The Chapter 7 trustee argued that the statute of limitations was tolled under the adverse-domination doctrine, which tolls the statute of limitations for claims by a corporation against its officers and directors when the corporation is controlled by the wrongdoing officers or directors. The district court held that the adverse-domination doctrine was rebutted because the Chapter 11 creditor’s committee had the knowledge, ability, and motivation to sue the directors and officers before the case was converted to Chapter 7, but elected not to do so. On appeal, the Chapter 7 trustee argued that the creditor’s committee was unable to sue because it did not have derivative standing to assert the claims against the directors and officers. Further, the Chapter 7 trustee argued that the creditor’s committee was not motivated to pursue the lawsuit because a sale of the gaming license was pending during the same time period. The Seventh Circuit rejected both arguments and affirmed the district court’s decision. The fact that the bankruptcy court might have denied derivative standing to the creditor’s committee was not sufficient to demonstrate that the creditor’s committee was unable to sue. The Seventh Circuit also held that even if the creditor’s committee lacked the motivation to sue, it did not alter the outcome because “would-be plaintiffs must live with their choice” and a plaintiff does not lack motivation to sue “just because its chosen course of action proved to be unsuccessful in the end.”

**Categories:** Practice Updates

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### [Tenants Beware: Bankruptcy Sale May Terminate Your Lease](https://wolfsonbolton.com/news-updates/2017/august/tenants-beware-bankruptcy-sale-may-terminate-your-lease/)

**Published:** August 4, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

A recent ruling by the Ninth Circuit Court of Appeals that a lessee’s possessory right did not survive a “free and clear” sale under section 363 of the Bankruptcy Code is a warning to tenants of a bankrupt landlord to be diligent. The case, In the Matter of Spanish Peaks Holdings II, LLC (No. 15-35572), involved the Chapter 7 bankruptcy of a resort in Montana. The debtor had entered into two leases with insiders, one for 99 years for $1,000 per year in rent, and the other for 60 years for $1,285 per year in rent. The Chapter 7 trustee and the debtor’s secured lender agreed to a plan for liquidating the debtor’s real and personal property via sale “free and clear of any and all liens, claims, encumbrances and interests.” The sale excepted specified encumbrances, but the two leases were not among them. The leases were not rejected before the sale, and the tenants had not requested adequate protection for their leasehold interests under Bankruptcy Code section 363(e) before the sale. The tenants objected to the sale, asserting that section 365(h) gave them the right to retain possession of the leased property notwithstanding the sale. The Bankruptcy Court authorized the sale without ruling on the tenants’ objection, deferring their claimed right to possession to the hearing on the motion to approve the sale. The winning bidder testified at the sale hearing that its bid was contingent on the property being free and clear of the leases. The Bankruptcy Court approved the sale free and clear of the tenants’ interests and approved the sale. The District Court affirmed. The Ninth Circuit affirmed, acknowledging that it was adopting the “minority approach” to reconciling sections 363 and 365. The majority approach protects the lessee, holding that section 365 trumps section 363 under the canon of statutory construction that “the specific prevails over the general.” And, because section 365(h) gives lessees the right to retain possession of leased real property notwithstanding rejection of the lease, lessees may also retain possession following a sale under section 363 when the lease has not been rejected. The court rejected this line of cases and instead held that the two statutory provisions — 363 and 365 — did not conflict here because the trustee had not rejected the leases. “A sale of property free and clear of a lease may be an effective rejection of the lease in some everyday sense, but it is not the same thing as ‘rejection’ contemplated by section 365.” In this case, there was a sale but no rejection. Therefore, the lessees’ possessory interest in the property was extinguished by section 363. Importantly, the court noted that lessees have recourse in situations like this — by seek adequate protection of their leasehold interest under section 363(e). The tenants in this case had not done so.

**Categories:** Practice Updates

---

### [Secured Lender's Dispositive Motion Denied in Sports Authority's Consignment Controversy](https://wolfsonbolton.com/news-updates/2017/august/secured-lenders-dispositive-motion-denied-in-sports-authoritys-consignment-controversy/)

**Published:** August 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Bankruptcy Court for the District of Delaware recently denied a secured lender’s motion for partial judgment on the pleadings that the lender’s interest in certain goods took priority over a vendor’s interest in those same goods. In TSA Stores, Inc. v. M J Soffe, LLC (In re TSAWD Holdings, Inc.,), 565 B.R. 292 (Bankr. D. Del. 2017), M J Soffe, LLC sold nearly $5.5 million in goods to The Sports Authority on consignment pursuant to a Pay by Scan Agreement. After filing for bankruptcy, TSA initiated a lawsuit against Soffe seeking declaratory relief in connection with the goods. TSA’s secured creditor, Wilmington Savings Fund Society, FSB, intervened in the lawsuit and filed a motion for partial judgment on the pleadings, arguing that its interest in the goods took priority over Soffe’s interest because Soffe failed to properly perfect its interest in the goods under the UCC. Under the UCC, consignments that satisfy the UCC’s definition must be perfected in accordance with the UCC, while consignments that fail to meet the UCC’s definition are governed by state common and statutory law. Wilmington argued that the relationship between TSA and Soffe constituted a consignment governed by the UCC because the agreement governing the parties’ relationship specifically stated that it was a “consignment” as defined by the UCC. Wilmington further argued that, as a result, its interest in the goods took priority over Soffe’s interest because Soffe failed to properly perfect its interest. Soffe did not dispute that it did not properly perfect its interest. Rather, Soffe claimed that the agreement did not constitute a “consignment” within the meaning of the UCC because TSA’s creditors generally knew that TSA was substantially engaged in selling the goods of others and Wilmington had actual knowledge of the parties’ consignment arrangement. The court agreed with Soffe, holding that the Pay by Scan Agreement’s statement that the parties’ arrangement was a consignment under the UCC was not determinative. The court held that the UCC placed limits on the ability of contracting parties to define their legal relationship, and while parties could vary the effect of certain provisions of the UCC by agreement, they could not redefine otherwise defined terms, such as “consignment.” As a result, it remained an issue of fact as to whether the parties’ relationship constituted a “consignment” within the meaning of the UCC.

**Categories:** Practice Updates

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### [Bankruptcy Court Holds Case Subject To Dismissal When Reorganization Depends On Income Derived From Sale Of Marijuana](https://wolfsonbolton.com/news-updates/2017/july/bankruptcy-court-holds-case-subject-to-dismissal-when-reorganization-depends-on-income-derived-from-sale-of-marijuana/)

**Published:** July 3, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The Chapter 11 debtor in In re Arm Ventures, LLC, 564 B.R. 77 (Bankr. S.D. Fla. 2017) owned a commercial building. The debtor repeatedly maneuvered in state and federal court to stop foreclosure sales by the bank. Ultimately, the debtor filed Chapter 11 bankruptcy to prevent the third attempted foreclosure sale. The bank moved to dismiss the bankruptcy case as having been filed in bad faith or, in the alternative, for relief from the automatic stay to complete foreclosure proceedings. The debtor opposed the motion and filed a plan of reorganization that relied upon lease income from an entity that sold medical marijuana. The bank argued that the plan was not confirmable because income derived from selling marijuana was not legal under state and federal law. The debtor argued that the proposed tenant was applying for all of the appropriate licenses under state and federal law to sell medical marijuana. The bankruptcy court held that the plan was not confirmable because the prospect of the tenant being approved to sell medical marijuana under federal law was “highly unlikely” and “an extremely remote possibility.” The bankruptcy court further held that the fact that the debtor proposed a plan that depended on income derived from selling medical marijuana was bad faith under the bankruptcy code that permitted the court to dismiss the case. Ultimately, although the bankruptcy court held that the case was “ripe for dismissal,” the court did not dismiss the case due to significant unsecured debt and instead lifted the automatic stay in favor of the bank.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Court Of Appeals Affirms Trial Court's Decision To Bar Witnesses After Party Misses Disclosure Deadline](https://wolfsonbolton.com/news-updates/2017/july/court-of-appeals-affirms-trial-courts-decision-to-bar-witnesses-after-party-misses-disclosure-deadline/)

**Published:** July 3, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals recently affirmed a trial court’s decision to bar trial witnesses because a party failed to timely disclose them. In Roeder v. Global Express Services, LLC, 2017 Mich. App. LEXIS 947 (June 13, 2017), the trial court had entered a scheduling order setting dates for the parties to disclose witnesses. The defendant submitted its witness disclosures well past the deadlines, and the trial court excluded the witnesses’ testimony at trial. The Court of Appeals affirmed the decision, stating, “Once a party has failed to file a witness list in accordance with the scheduling order, it is within the trial court’s discretion to impose sanctions against that party. These sanctions may preclude the party from calling witnesses.” The Court noted that the defendant’s failure to timely provide witness lists was likely accidental, but the defendant exhibited a history of failing to comply with discovery requests. The opinion is a strong reminder to all parties and their counsel that the consequences of failing to adhere to a court’s deadlines may be fatal to their claims.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Sixth Circuit Holds "Insured-Versus-Insured" Exclusion Applies to Liquidating Trustees](https://wolfsonbolton.com/news-updates/2017/june/sixth-circuit-holds-insured-versus-insured-exclusion-applies-to-liquidating-trustees/)

**Published:** June 5, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The Sixth Circuit Court of Appeals recently held in a 2-1 decision that an “insured-versus-insured” exclusion found in a directors’ and officers’ liability insurance policy applied to a breach of fiduciary duty claim brought by a liquidating trustee against a debtor company’s former officers and directors. In Indian Harbor Insurance Company v. Zucker, 2017 U.S. App. LEXIS 10821 (6th Cir. June 20, 2017), “Capitol Bancorp went bankrupt. After negotiations between Capitol’s officers and the company’s creditors during the bankruptcy process, Capitol created a Liquidating Trust to pursue the estate’s legal claims.” The liquidating plan permitted the liquidating trustee to sue Capitol’s former officers; however, the plan limited any recovery on claims arising from pre-petition conduct to amounts recovered under Capitol’s liability insurance policy. The trust subsequently sued Capitol’s officers for $18.8 million for breaches of fiduciary duties. At the same time, Capitol’s insurance company filed a declaratory action seeking a judgment that the trustee’s lawsuit fell within the “insured-versus-insured” exclusion under the insurance policy. If applicable, the exclusion would prevent the trustee from recovering from the insurance company in the event a judgment were rendered against the officers. In holding that the exclusion applied to the trustee’s lawsuit, the Sixth Circuit noted that “the terms of the contract are a good place to start.” Under the contract, the exclusion applied to claims “by, on behalf of, or in the name or right of, the Company or any Insured Person” against an Insured Person. The court noted that the exclusion undoubtedly applied to claims brought by Capitol against its officers. Yet, this outcome remained the same for a liquidating trustee because as a voluntary assignee, the trustee stood in Capitol’s shoes and possessed the same rights subject to the same defenses as Capitol. Moreover, the court held that, for purposes of the policy, Capitol as a debtor in possession and Capitol pre-bankruptcy were not legally distinct entities. Indeed, “\[e\]ven if settings remain in which it makes good sense to treat the debtor and debtor in possession as legally distinct, this is not one of them.” Thus, the court held that the “contract itself, together with core principles of bankruptcy law,” confirmed that the exclusion applied to the trustee’s lawsuit. In a dissent, Judge Bernice B. Donald asserted that the definition of “Company” in the policy did not include a debtor or debtor in possession. Judge Donald further argued that a pre-bankruptcy debtor and debtor in possession are legally distinct entities and cited cases in which courts have held that an insured-versus-insured exclusion does not extend to successors or assigns. Accordingly, Judge Donald stated that “there is no reason that the assigned trustee in this case should trigger the insured-versus-insured exclusion.”

**Categories:** Practice Updates

**Tags:** Courts

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### [Michigan Supreme Court Issues Important Ruling in LLC Member Oppression Case](https://wolfsonbolton.com/news-updates/2017/june/michigan-supreme-court-issues-important-ruling-in-llc-member-oppression-case/)

**Published:** June 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

In Frank v. Linkner, decided on May 15, 2017, the Michigan Supreme Court made several important rulings involving limited liability company member oppression claims. First, the Court held that member oppression claims accrue under MCL 450.4515 when a plaintiff incurs a harm that is actionable, not when a plaintiff incurs a calculable financial injury. Therefore, if events giving rise to member oppression have occurred, the claim accrues regardless of when monetary damages result. Further, if additional damages resulting from the same harmful conduct occur, the additional damages do not reset the plaintiff’s accrual date. The Court also held that MCL 450.4515 is a three-year statute of limitations and not a statute of repose, reasoning that there was no indication that the Michigan Legislature intended this statute to be a statute of repose. Finally, despite the three-year statute of limitations, a plaintiff bringing a claim for damages has only two years to bring a claim after plaintiff discovers the claim because the language of the statute requires the claim to be brought within three years of accrual or two years after discovery of the claim, whichever occurs first. In other words, the two year period commences once a plaintiff discovers or reasonably should have discovered the cause of action.

**Categories:** Practice Updates

**Tags:** Courts

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### [Supreme Court Holds Time-Barred Bankruptcy Proof of Claim Does Not Violate Fair Debt Collection Practices Act](https://wolfsonbolton.com/news-updates/2017/may/supreme-court-holds-time-barred-bankruptcy-proof-of-claim-does-not-violate-fair-debt-collection-practices-act/)

**Published:** May 5, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Supreme Court recently held that the filing of a time-barred proof of claim “is not a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the Fair Debt Collection Practices Act.” In Midland Funding, LLC v. Johnson, 581 U.S. \_\_\_ (2017), Aleida Johnson filed for bankruptcy under chapter 13 of the bankruptcy code in March 2014. Midland Funding, LLC subsequently filed a proof of claim relating to a credit-card debt in the amount of $1,879.71. In the claim, Midland stated that the last charge made on Johnson’s account was in May 2003, well outside the six year statute of limitations in Alabama. Johnson thus objected to the claim as being time barred, and it was disallowed. Johnson then filed suit against Midland seeking to recover damages against Midland for violation of the Fair Debt Collection Practices Act, which prohibits a debt collector from asserting any “false, deceptive, or misleading representation,” or using any “unfair or unconscionable means” to collect, or attempt to collect, a debt. The district court ruled that the Act did not apply to the filing of a time-barred proof of claim. The Eleventh Circuit Court of Appeals reversed, adding to the growing split among the circuits on the issue. The Supreme Court then granted certiorari. In overturning the Eleventh Circuit, the Court held that Midland had a “claim,” or right to payment, within the meaning of the bankruptcy code, regardless of whether the claim had expired. Because Midland had a claim within the meaning of the bankruptcy code, Midland was entitled to file a proof of that claim. Simply put, “\[t\]he law has long treated unenforceability of a claim (due to the expiration of the limitations period) as an affirmative defense, and there is nothing misleading or deceptive in the filing of a proof of claim that follows the Code’s similar system.” The Court further held that the proof of claim was not “unfair” or “unconscionable” because “\[t\]he audience in a Chapter 13 bankruptcy case includes a trustee,” meaning its “considerably more likely that an effort to collect upon a stale claim in bankruptcy will be met with resistance, objection, and disallowance.” Thus, the Court held that Midland’s filing of a time-barred proof of claim does not violate the Act.

**Categories:** Practice Updates

**Tags:** Courts

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### [Michigan Supreme Court Permits Jury Waiver Regarding Award of Attorney Fees](https://wolfsonbolton.com/news-updates/2017/may/michigan-supreme-court-permits-jury-waiver-regarding-award-of-attorney-fees/)

**Published:** May 3, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Supreme Court recently held that a plaintiff waived her right to a jury regarding the award of attorney fees. In Barton-Spencer v. Farm Bureau Life Ins. Co. of Michigan (Mich. April 14, 2017), the plaintiff had signed an agreement stating that if the defendants were successful in future litigation, the plaintiff “agrees to reimburse \[the defendants’\] attorney fees and costs as may be fixed by the court in which suit or proceeding is brought” (emphasis added). All parties demanded a jury trial, and the jury subsequently found for defendants on their counterclaim and a portion of the plaintiff’s breach of contract claim. The court later granted defendants’ postjudgment motion seeking contractual attorney fees. The Court of Appeals reversed the trial court’s decision to grant defendants contractual attorney fees because it found that the contractual language did not clearly show that the plaintiff waived her right to a jury regarding attorney fees. The Supreme Court disagreed and reversed the Court of Appeal’s decision, stating, “The phrase ‘fixed by the court’ is not ambiguous. When the parties agreed to this provision, they agreed that the amount of attorney fees and costs would be fixed by a judge rather than a jury. In ordinary parlance, the word ‘court’ refers to judges.” Contracting parties would be well-served by reviewing their boilerplate agreements in light of this decision and determining whether they adequately define jury rights.

**Categories:** Practice Updates

**Tags:** Courts

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### [Annual Wolfson Family Resiliency Scholarship Awarded](https://wolfsonbolton.com/news-updates/2017/may/annual-wolfson-family-resiliency-scholarship-awarded/)

**Published:** May 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Community

---

### [Scott A. Wolfson Appointed Hearing Panelist for Michigan Attorney Discipline Board](https://wolfsonbolton.com/news-updates/2017/may/scott-a-wolfson-appointed-hearing-panelist-for-michigan-attorney-discipline-board/)

**Published:** May 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Appointments

---

### [Sixth Circuit Holds Assignment of Rents Is Transfer of Ownership Under Michigan Law](https://wolfsonbolton.com/news-updates/2017/may/sixth-circuit-holds-assignment-of-rents-is-transfer-of-ownership-under-michigan-law/)

**Published:** May 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

Resolving conflicting holdings in the Eastern District of Michigan, the Sixth Circuit recently held that an assignment of rents is a transfer of ownership under Michigan law and the assignor retains no residual property rights in the assigned rents. The case is Town Center Flats, LLC v. ECP Commercial II LLC, Case No. 16-1812. The case involved a 53-unit residential complex in Shelby Township, Michigan. The debtor had agreed to assign its rents to the creditor in the event of a default under its loan documents. Before filing bankruptcy, the creditor took the necessary steps to record notice documents against the debtor. When the debtor filed bankruptcy, it argued that the assignment of rents merely created a security interest in favor of the creditor, not a transfer of ownership, and that the rents were available assets in its bankruptcy proceeding. The debtor further argued that since it was a single asset real estate entity and rents were its only source of income, an adverse ruling on this issue would doom its chances of reorganization. While acknowledging the policy implications of the debtor’s argument, the Sixth Circuit held that Michigan law is clear that the assignment of rents is a transfer of ownership and that the debtor retains no residual property interest in the assigned rents after the transfer has been accomplished.

**Categories:** Practice Updates

**Tags:** Courts

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### [Michigan Court of Appeals Holds That Not All Common-Law Unfair Competition Claims Are Preempted by Michigan Uniform Trade Secrets Act](https://wolfsonbolton.com/news-updates/2017/april/michigan-court-of-appeals-holds-that-not-all-common-law-unfair-competition-claims-are-preempted-by-michigan-uniform-trade-secrets-act/)

**Published:** April 5, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

In Planet Bingo, LLC et al. v. VKGS, LLC, the Michigan Court of Appeals recently held that not all common-law unfair competition claims are preempted by the Michigan Uniform Trade Secrets Act (“MUTSA”). While holding that MUTSA preempts claims related to misappropriation of a trade secret, the Court also held that Michigan common-law has long recognized that unfair competition claims may encompass more than misappropriation and that such claims are not preempted by MUTSA. Specifically, the defendant’s alleged sale of software based on its similarity to plaintiff’s software and the defendant’s allegedly false representation to a customer that a third-party was using its software are both viable claims that are unrelated to misappropriation of a trade secret and therefore not preempted by MUTSA. This case serves a reminder that while the legislature may abrogate the common law by enacting legislation, the legislature must “speak in no uncertain terms” in order for preemption to apply.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Supreme Court Rejects Structured Dismissals That Violate Bankruptcy Priority Distribution Scheme](https://wolfsonbolton.com/news-updates/2017/april/supreme-court-rejects-structured-dismissals-that-violate-bankruptcy-priority-distribution-scheme/)

**Published:** April 3, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Supreme Court recently held that “\[a\] distribution scheme ordered in connection with the dismissal of a Chapter 11 case cannot, without the consent of the affected parties, deviate from the basic priority rules that apply under the primary mechanisms the \[Bankruptcy\] Code establishes for final distributions of estate value in business bankruptcies.” In Czyzewski v. Jevic Holding Corp., 580 U.S. \_\_\_ (2017), a group of truck drivers held a $12.4 million judgment against their former bankrupt employer, Jevic Transportation Company. In accordance with the Bankruptcy Code’s distribution scheme, approximately $8.3 million of the judgment was entitled to priority payment after Jevic’s secured creditors, but before Jevic’s unsecured creditors. Jevic’s unsecured creditors’ committee, however, agreed to a settlement under which the bankruptcy court would, among other things, dismiss Jevic’s bankruptcy case and make distributions to Jevic’s general unsecured creditors without any payment to the truck drivers. The truck drivers objected, arguing that the proposed settlement violated the Bankruptcy Code’s priority distribution scheme by failing to pay priority creditors before general unsecured creditors. In analyzing the permissibility of the settlement, the Court held that the chapter 11 process foresees three outcomes: (1) the confirmation of a plan; (2) the conversion of the case to a chapter 7; or (3) a dismissal that returns the former debtor to the prepetition financial status quo. Instead of dismissing a case outright, bankruptcy courts—as the court did here—have increasingly utilized “structured dismissals.” In a structured dismissal, a bankruptcy court dismisses a case, but may also approve distributions to creditors, grant third-party releases, enjoin certain conduct by creditors, and not necessarily vacate orders or unwind transactions undertaken during the case. In this instance, the proposed settlement called for a structured dismissal that made distributions in violation of the Bankruptcy Code’s priority distribution scheme. The Court, however, flatly held that a bankruptcy court cannot order such a structured dismissal. Simply put, no provision in the Bankruptcy Code permits priority-violating distributions via a dismissal, and the Court would expect such a provision if Congress truly intended to permit them.

**Categories:** Practice Updates

**Tags:** Courts

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### [Badges of Fraud Shift Burden of Proof to Judgment Debtor Defendant](https://wolfsonbolton.com/news-updates/2017/march/badges-of-fraud-shift-burden-of-proof-to-judgment-debtor-defendant/)

**Published:** March 2, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals recently reiterated that the burden of proof shifts to a fraudulent transfer defendant to establish that a transaction was “in all respects bona fide” when a plaintiff establishes the elements of a fraudulent conveyance against a judgment debtor defendant. In Burke v. Maurer (Mich. Ct. App. February 21, 2017), Plaintiffs filed a complaint alleging that the judgment debtors’ transfers of property were fraudulent because they were intended to render the judgment debtors uncollectible. Plaintiffs filed a motion for summary disposition arguing that the defendants had failed to rebut plaintiff’s prima facie case by failing to produce evidence that the transfers were bona fide transactions. The Court of Appeals held that, although badges of fraud are not conclusive evidence of fraud and may be overcome by evidence establishing the bona fides of a transaction, “a concurrence of several badges will always make out a strong case.” The reason the burden of proceeding shifts to a fraudulent transfer defendant once badges of fraud have been demonstrated is that “the defendant . . . is supposed to be in a better position to show the facts.” Defendants failed to establish that the transactions were made in good faith, therefore “the presumption created by the statute did not dissolve” and Plaintiff was properly granted summary disposition.

**Categories:** Practice Updates

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### [Wolfson Bolton Retained as Committee Counsel in VPH Pharmacy Case](https://wolfsonbolton.com/news-updates/2017/march/wolfson-bolton-retained-as-committee-counsel-in-vph-pharmacy-case/)

**Published:** March 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Clients

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### [Intercreditor Agreement Enforced Despite Restructuring of Priority Debt](https://wolfsonbolton.com/news-updates/2017/march/intercreditor-agreement-enforced-despite-restructuring-of-priority-debt/)

**Published:** March 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The Bankruptcy Court for the District of Delaware recently upheld the terms of a pre-petition intercreditor agreement by ruling that the first lien rights of an asset based lending group were not impacted by the pre-petition restructuring of the lenders’ debt. In Salus Capital Partners, LLC v. Std. Wireless Inc. (In re Radioshack Corp.), 550 B.R. 700 (Bankr. D. Del. 2016), two groups of lenders provided Radioshack $835 million in financing before Radioshack filed for bankruptcy, comprised of $250 million provided by a term loan lender group and $585 million provided by an asset based lending group. As part of the financing, the two groups entered into an intercreditor agreement that provided the asset based lenders a first priority lien on the liquid assets of Radioshack up to the “Maximum ABL Facility Amount,” which was defined as “the combined Revolving Loan Commitments . . . which shall initially be in the amount of $535,000,000, as such amount may be reduced from time to time.” A separate group of lenders purchased the asset based loans and restructured them into a term loan, a letter of credit facility, and a revolving loan facility. After Radioshack liquidated its assets, it paid the asset based lenders $232 million. The term loan lenders objected, alleging that as a result of the restructuring of the revolving loans, the Maximum ABL Facility Amount was reduced. The bankruptcy court held otherwise, ruling that the terms of the intercreditor agreement allowed the original asset based loan debt to be refinanced and the terms to be modified. As a result, the obligations, as modified, fit “squarely within the definition of Maximum ABL Facility Amount,” meaning the asset based lenders were still entitled to priority. Additionally, the court held that the term loan lenders failed to show that their position was unfairly changed “either as a matter of economics or contract law” as a result of the loan restructuring.

**Categories:** Practice Updates

---

### [Sixth Circuit Court of Appeals Issues Lengthy Opinion Regarding Claims of Actual Fraud](https://wolfsonbolton.com/news-updates/2017/february/sixth-circuit-court-of-appeals-issues-lengthy-opinion-regarding-claims-of-actual-fraud/)

**Published:** February 3, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

In Meoli v. Huntington Nat’l Bank, the Sixth Circuit affirmed a multi-million judgment against The Huntington National Bank stemming from a bankruptcy trustee’s lawsuit seeking to recover fraudulent transfers from a debtor company’s operation of a Ponzi scheme. The opinion discussed several aspects of fraudulent transfer and recovery law, including the following: (i) that the dominion-and-control test is used to determine transferee liability for both an initial transferee and subsequent transferee; (ii) a bank account holder’s right to withdraw money from a deposit account prevents a bank from exercising dominion-and-control; (iii) in evaluating a fraudulent transferee’s defenses, a court should perform a “holistic factual determination of whether a reasonable person, given the available information, would have been alerted to the transfer voidability;” and (iv) the Court refused to articulate whether the standard for measuring “good faith” is a subjective or objective standard. The case citation is 2017 U.S. App. LEXIS 2248 (6th Cir. Feb. 8, 2017).

**Categories:** Practice Updates

**Tags:** Courts

---

### [Settlement Is Binding Despite Claim that Attorney Lacked Client Authorization](https://wolfsonbolton.com/news-updates/2017/february/settlement-is-binding-despite-claim-that-attorney-lacked-client-authorization/)

**Published:** February 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals recently continued its trend of enforcing settlements despite the absence of a signed settlement agreement. In Trevino v. Siler, et al., case no. 330120 (Mich. Ct. App. January 17, 2017), the plaintiff’s counsel called defendants’ counsel and indicated that the plaintiff would settle his claims for $100,000. Defense counsel responded with an e-mail that confirmed the conversation and attached a settlement agreement for the plaintiff to execute. But the plaintiff never signed the agreement, later claiming that he did not give his attorney authority to settle the claims. Nevertheless, the Court of Appeals held that a binding settlement agreement existed. “\[I\]f an agreement to settle pending litigation satisfies the elements of MCR 2.507, it is binding even if a party subsequently denies that his or her attorney had authority to settle the suit.” The agreement must be evidenced in writing and “subscribed by the party against whom the agreement is offered or by that party’s attorney” (emphasis added). Therefore, the plaintiff’s only remedy was to sue his attorney for professional malpractice. The opinion is another reminder that a binding settlement does not necessarily require a signed agreement.

**Categories:** Practice Updates

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### [Bank’s Security Interest Does Not Attach to Chapter 11 Bankruptcy Retainer](https://wolfsonbolton.com/news-updates/2017/january/banks-security-interest-does-not-attach-to-chapter-11-bankruptcy-retainer/)

**Published:** January 10, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

In In re Tuscan Energy LLC, 16-100398 (Bankr. S.D.Fla. Dec. 30, 2016), a bank objected to a fee application of Debtor’s counsel on the grounds that the pre-petition retainer paid to counsel constituted the bank’s cash collateral that should not be used to pay counsel’s fees. The court overruled the objection, holding that the bank had no interest in the pre-petition retainer held by Debtor’s counsel and, if the bank had an interest, that interest was trumped by counsel’s first-priority perfected security interest in the retainer. In reaching its decision, the court cited U.C.C. Article 9, section 9-332 for the proposition that a transferee of money from a deposit account takes free of any security interest “unless the transferee acts in collusion with the debtor in violating the rights of the secured party.” The bank did not assert collusion, and the court held that the bank had no interest in the pre-petition retainer held by counsel. Therefore, the bank had no cash collateral interest that was entitled to adequate protection. And, even if the bank could somehow claim a continuing security interest in the pre-petition retainer, that interest would be junior to the perfected security interest held by counsel, which was perfected by counsel’s possession of the funds.

**Categories:** Practice Updates

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### [Creditors’ Committee’s Legal Fees Not Subject to Pre-Confirmation Cap](https://wolfsonbolton.com/news-updates/2017/january/creditors-committees-legal-fees-not-subject-to-pre-confirmation-cap/)

**Published:** January 9, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

A Delaware Bankruptcy Court recently held that an unsecured creditors’ committee’s legal fees were not subject to a pre-confirmation cap contained in a financing order. In In re Molycorp, Inc., Case No. 15-11357 (Bankr. D. Del. Jan. 5, 2017), the unsecured creditors’ committee’s attorneys filed an application seeking $8.5 million in fees for services performed in investigating and prosecuting certain causes of action on behalf of the debtors. The committee filed the application after confirmation of the debtors’ plan. Before confirmation of the plan, however, the court entered a financing order capping the committee’s legal fees at $250,000. Thus, the issue before the court was whether the pre-confirmation cap applied to the committee’s application. In analyzing the application, the court noted that, as a general rule, administrative expenses must be satisfied from assets of the estate not subject to liens. Put another way, “where there are insufficient unencumbered assets with which to pay administrative expenses, professionals employed by the debtors or by creditors’ committees may not ordinarily look to secured creditors’ collateral for payment.” To facilitate the chapter 11 process and induce professionals to represent a committee, the secured lender usually enters into an agreement under which it subordinates its liens and claims to a limited amount of professional fees. In the event a plan is not confirmed and the case is administratively insolvent, the professionals’ fees are capped at that limited amount. According to the court, however, this changes after the plan is confirmed, as 11 U.S.C. 1129(a)(9) requires that each holder of an administrative claim receive full payment of their claim. The court went on to hold that “if the secured parties desire confirmation, the administration claims must be paid in full in cash at confirmation even if it means invading their collateral.” Thus, while professional fees may be capped prior to plan confirmation, they must be paid in full post-confirmation to comply with the bankruptcy code.

**Categories:** Practice Updates

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### [Sixth Circuit: Bankruptcy Trustee’s Veil Piercing and Substantive Consolidation Claims Fail in Fraudulent Transfer Case](https://wolfsonbolton.com/news-updates/2017/january/sixth-circuit-bankruptcy-trustees-veil-piercing-and-substantive-consolidation-claims-fail-in-fraudulent-transfer-case/)

**Published:** January 2, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

In the personal bankruptcy of a husband and wife, a bankruptcy trustee sought to avoid an allegedly fraudulent transfer between two third-party corporations. Debtors entered into a purchase agreement to purchase a farm, then assigned the purchase agreement to an LLC Debtors had formed. The LLC obtained a loan, guaranteed by Debtors, to purchase the farm. Debtors operated a horse farm and bed and breakfast on the property for the next three years. In November 2010, Debtors made a large payment on the LLC’s mortgage for no consideration, then, a month later, the Debtors’ LLC sold to the property to a third-party LLC, Beads and Steeds Inns, for roughly half of what Debtors’ LLC paid three years earlier. Debtors continued to operate the horse farm and bed and breakfast under a significantly below-market lease. Debtors filed for bankruptcy two years later. The bankruptcy trustee filed an adversarial action against Beads and Steads, asserting that the transfer from Debtors’ LLC to Beads and Steeds was fraudulent, done to evade Debtors’ creditors. Beads and Steeds moved for judgment on the pleadings, arguing that the bankruptcy trustee failed to state a claim because a fraudulent transfer requires a transfer of an interest of the debtor in property — while here the transfer was of an interest of the Debtors’ LLC in property. The bankruptcy trustee asserted that she could pierce the corporate veil in reverse and thereby treat Debtors’ LLC and the Debtors as a single entity. She also asserted that the Debtors’ LLC should be substantively consolidated with Debtors, such that they should be treated as one. The Sixth Circuit Court of Appeals ruled against the bankruptcy trustee. First, the court held that veil piercing under Kentucky law does not consolidate a debtor and its alter ego into a single entity; rather, Kentucky employs veil piercing as a form of vicarious liability, shifting liability from the debtor to its alter ego. “Because Kentucky veil piercing does not transform the alter ego’s property into the property of the debtor, but rather simply allows a creditor to pursue the alter ego under a vicarious liability theory, the trustee has not stated a claim under 544 and 548, both of which require that the debtor have an interest in the transferred property.” The court also rejected the bankruptcy trustee’s substantive consolidation arguments. The court employed the In re Owens Corning test to evaluate the bankruptcy trustee’s substantive consolidation claim because that was the test the parties propounded in the lower court, but, in a footnote, the court noted that the Sixth Circuit “has not adopted a test for evaluating a substantive consolidation claim.” The Owens Corning test requires that either (1) prepetition the entities sought to be consolidated disregarded separateness so significantly their creditors relied on the breakdown of entity borders and treated them as one legal entity; or (2) postpetition their assets and liabilities are so scrambled that separating them is prohibitive and hurts all creditors. The court held that the bankruptcy trustee’s proposed amended complaint did not contain sufficient factual allegations under either standard. The case is Phaedra Spradlin v. Beads and Steeds Inns, LLC (In re Howland), Case No. 16-5499 (6th Cir. January 3, 2017), which the court indicated was not recommended for publication.

**Categories:** Practice Updates

**Tags:** Courts

---

### [WB Announces Creation of Mobility Practice Group](https://wolfsonbolton.com/news-updates/2017/january/wb-announces-creation-of-mobility-practice-group/)

**Published:** January 1, 2017
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** News

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### [Golf Channel Scores Bounce Back Birdie in Ponzi Scheme Fraudulent Transfer Case](https://wolfsonbolton.com/news-updates/2016/december/golf-channel-scores-bounce-back-birdie-in-ponzi-scheme-fraudulent-transfer-case/)

**Published:** December 9, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The Supreme Court of Texas recently held that the transfer of $5.9 million from Stanford International Bank Ltd. to the Golf Channel for media-advertising services was not recoverable as a fraudulent transfer, even though Stanford used the services to promote its Ponzi scheme. In Janvey v. Golf Channel, Inc., 487 S.W.3d 560 (Tex. 2016), R. Allen Stanford used Stanford International Bank Ltd. to perpetrate a multi-billion dollar Ponzi scheme for nearly two decades. To that end, Stanford paid the Golf Channel approximately $5.9 million to advertise its services and activities. After Stanford was put into receivership, a court-appointed receiver sought to recover the payments Stanford made to the Golf Channel under Texas’s Uniform Fraudulent Transfer Act (“TUFTA”) as fraudulent transfers. TUFTA, however, prohibits the recovery of a fraudulent transfer if the transferee took the transfer in good faith and for a reasonably equivalent value. While the Golf Channel argued that its advertising services provided value in exchange for the transfers, the receiver claimed otherwise, arguing that there is no “value” unless the transaction leaves the transferor’s estate with a tangible asset on which creditors can levy execution. On cross-motions for summary judgment, the federal district court held in favor of the Golf Channel. On appeal, the Fifth Circuit reversed the district court’s ruling and held that the media-advertising services “provided zero value to a Ponzi scheme’s creditors.” The Fifth Circuit, however, later vacated its opinion and asked the Texas Supreme Court to determine what constitutes “value” under TUFTA’s good faith affirmative defense. In answering the Fifth Circuit’s question, the Texas Supreme Court held that the reasonably equivalent value requirement can be satisfied with evidence that the transferee (1) fully performed under a lawful, arm’s-length contract for fair market value, (2) provided consideration that had objective value at the time of the transaction, and (3) made the exchange in the ordinary course of the transferee’s business. The court further held that it was not necessary that the consideration provided preserve the debtor’s estate, just that it had an objective value, and that the standard does not differ in the context of a Ponzi scheme. Accordingly, the court ruled that the media-services provided by the Golf Channel had an objective value at the time of the transfer, ultimately leading to the Golf Channel’s victory.

**Categories:** Practice Updates

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### [Michigan Legislature Considers Replacing Uniform Fraudulent Transfer Act with Uniform Voidable Transactions Act](https://wolfsonbolton.com/news-updates/2016/december/michigan-legislature-considers-replacing-uniform-fraudulent-transfer-act-with-uniform-voidable-transactions-act/)

**Published:** December 5, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan legislature, at the recommendation of the Uniform Law Commission, is considering replacing the Uniform Fraudulent Transfer Act with the Uniform Voidable Transactions Act. The proposed legislation would, according to the Senate Fiscal Agency, amend the Uniform Fraudulent Transfer Act to do the following: • Refer to transactions that can be avoided as “voidable” transactions, instead of “fraudulent” transactions. • Specify that a creditor making a claim for relief to avoid a transaction would have the burden of proving the elements of the claim by a preponderance of the evidence. • Provide that a claim for relief would be governed by the law of the jurisdiction where the debtor was located when the transfer was made, and prescribe rules for determining a debtor’s location. • Identify the party that would have the burden of proving certain matters, and establish a preponderance of the evidence standard. • Make an exception to a provision under which a transfer is not voidable if it results from the enforcement of a security interest under the Uniform Commercial Code. • Preclude the entry of a judgment against an immediate or mediate good-faith transferee of a good-faith transferee who took for value. • Specify that a debtor that was not paying debts as they became due other than as a result of a bona fide dispute would be presumed to be insolvent. • Delete a provision that specifies when a partnership is insolvent. • Specify that a series organization and each of its protected series would be considered a separate person for purposes of the Act. The bill also would rename the Act as the “Uniform Voidable Transactions Act”. The bill passed the in the Michigan Senate 37-0 on October 20, 2016, and was received in the Michigan House of Representatives on November 9, 2016, where it was referred to the House Judiciary Committee. If the bill becomes law, the sections it would amend or add would apply to a transfer made or obligation incurred on or after the bill’s effective date. Those sections would not apply retroactively, nor would they apply to a right of action that accrued before the bill’s effective dated.

**Categories:** Practice Updates

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### [Anthony J. Kochis Selected to Up & Coming Lawyers Class by Michigan Lawyers Weekly](https://wolfsonbolton.com/news-updates/2016/december/anthony-j-kochis-selected-to-up-coming-lawyers-class-by-michigan-lawyers-weekly/)

**Published:** December 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Honors

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### [More Than They Barton’ed for: Plaintiffs Must Seek Authorization to Sue Committee Members under Barton Doctrine](https://wolfsonbolton.com/news-updates/2016/december/more-than-they-bartoned-for-plaintiffs-must-seek-authorization-to-sue-committee-members-under-barton-doctrine/)

**Published:** December 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

In Blixseth v. Brown, et al. (In re Yellowstone Mount Club, LLC), No. 14-35363 (9th Cir. November 28, 2016), the Ninth Circuit Court of Appeals held that the Barton doctrine applies to members of an Unsecured Creditors’ Committee and, therefore, a plaintiff must obtain authorization from the bankruptcy court before initiating an action against a member. Prior to this ruling, the Barton doctrine traditionally applied to actions against receivers and bankruptcy trustees. The plaintiff argued that the doctrine should not extend to members of a UCC because such members owe no duty to the bankruptcy estate; they represent creditors seeking payment from the estate. The Court of Appeals disagreed, finding that this interpretation of the UCC’s duties is too narrow. “The UCC can only maximize recovery for the creditors by increasing the size of the estate. . . . Because creditors have interests that are closely aligned with those of a bankruptcy trustee, there’s good reason to treat the two the same for purposes of the Barton doctrine.” The Court further noted that UCC members are statutorily obliged to perform tasks related to the estate’s administration, and that a lawsuit could interfere with these duties. In extending the Barton doctrine to UCC members, the Court adopted the recommendation of the Commission to Study the Reform of Chapter 11. The Ninth Circuit’s decision will likely have an impact in other courts across the country.

**Categories:** Practice Updates

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### [Wolfson Bolton Earns Tier 1 Rankings in 2017 U.S. News – Best Lawyers® "Best Law Firms" List](https://wolfsonbolton.com/news-updates/2016/november/wolfson-bolton-earns-tier-1-rankings-in-2017-u-s-news-best-lawyers-best-law-firms-list/)

**Published:** November 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.](https://bestlawfirms.usnews.com/)

**Categories:** Firm News

**Tags:** Honors

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### [Scott A. Wolfson Moderates American Bankruptcy Institute Panel on Depositions](https://wolfsonbolton.com/news-updates/2016/november/scott-a-wolfson-moderates-american-bankruptcy-institute-panel-on-depositions/)

**Published:** November 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Leadership

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### [Scott A. Wolfson and Adam L. Kochenderfer Named 2017 Top Lawyers](https://wolfsonbolton.com/news-updates/2016/november/scott-a-wolfson-and-adam-l-kochenderfer-named-2017-top-lawyers/)

**Published:** November 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Honors

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### [Sixth Circuit Denies Detroit Pensioners’ Appeal under Equitable Mootness Doctrine](https://wolfsonbolton.com/news-updates/2016/november/sixth-circuit-denies-detroit-pensioners-appeal-under-equitable-mootness-doctrine/)

**Published:** November 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

In Ochadleus v. City of Detroit (In re City of Detroit), Nos. 15-2194, 2337, 2353, 2371, 2379 (6th Cir. Oct. 3, 2016), the Sixth Circuit Court of Appeals affirmed an order prohibiting Detroit pensioners from challenging cuts to their pensions under the equitable mootness doctrine. The appeal arose out of the City’s bankruptcy, in which “the City crafted a complex network of settlements and agreements with its thousands of creditors and stakeholders, memorialized those agreements in a comprehensive Plan, and obtained the bankruptcy court’s ratification of that Plan in a final Confirmation Order.” One aspect of the plan involved the reduction of certain municipal-employee pension benefits under the City’s General Retirement System. At the time of Detroit’s bankruptcy filing, the pension plan was underfunded by $1.879 billion, therefore forcing the City to reduce the plan by 27% during the bankruptcy. In an effort to prevent such drastic cuts, the City reached a settlement with pensioners under which the City obtained outside funding, including from the City, the State of Michigan, and certain philanthropic organizations, totaling $816 million in exchange for a release of all claims. Overall, the settlement reduced pensions by 4.5% and eliminated cost-of-living increases; reduced retiree health coverage and eliminated dental, vision, and life insurance; and set out a mechanism for the partial recoupment of excess annuity savings funds distributions. The pensioners settlement, in addition to numerous other settlements, eliminated approximately $7 billion in debt and freed approximately $1.7 billion in revenue for reinvestment into City services and infrastructure. While 73% of the City’s pensioners voted in favor of the settlement, resulting in the plan’s confirmation, the remainder appealed, arguing that their pensions should be exempt from reduction under the plan. The Sixth Circuit held otherwise due to the equitable mootness doctrine. Equitable mootness is “a prudential doctrine that protects the need for finality in bankruptcy proceedings and allows third parties to rely on that finality by preventing a court from unscrambling complex bankruptcy reorganizations when the appealing party should have acted before the plan became extremely difficult to retract.” In deciding whether an appeal is equitably moot, the court examines: (1) whether a stay has been obtained; (2) whether the plan has been “substantially consummated;” and (3) whether the relief requested would significantly and irrevocably disrupt the implementation of the plan or disproportionately harm the reliance interests of other parties not before the court. In this instance, the Sixth Circuit held, “all three factors favor the application of equitable mootness: the appellants did not obtain a stay; the Plan has been substantially consummated, inasmuch as numerous significant—even colossal—actions have been undertaken or completed, many irreversible; and the requested relief of omitting the bargained-for (and by majority vote agreed-upon) pension reduction would . . . unravel the entire Plan and adversely affect countless third parties, including . . . the entire City population.” Overall, the court’s decision was “not a close call,” as “the doctrine of equitable mootness was created and intended for exactly this type of scenario.”

**Categories:** Practice Updates

**Tags:** Courts

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### [Eleventh Circuit Court of Appeals Holds District Court Is Without Jurisdiction to Rule on Alleged Violation of Bankruptcy Discharge Injunction](https://wolfsonbolton.com/news-updates/2016/november/eleventh-circuit-court-of-appeals-holds-district-court-is-without-jurisdiction-to-rule-on-alleged-violation-of-bankruptcy-discharge-injunction/)

**Published:** November 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

In Jones v. CitiMortgage, Inc., et al., Case No. 15-14853, the plaintiff filed suit in federal district court to stop the foreclosure sale of his home. One of his allegations was that the foreclosure violated a the bankruptcy discharge injunction of Section 524 because the defendants were attempting to hold him personally liable for the mortgage debt. The Eleventh Circuit Court of Appeals held that the federal district court lacked jurisdiction to rule on an alleged violation of the bankruptcy discharge injunction because the federal district court had not issued the discharge order. While acknowledging that the district court had original subject matter jurisdiction related to bankruptcy cases, the Eleventh Circuit noted that the discharge order had been issued by the United States Bankruptcy Court for the Northern District of Georgia and that court, not the district court, “possessed the power to enforce compliance with the discharge injunction and ‘punish contempt of that order.'”

**Categories:** Practice Updates

**Tags:** Courts

---

### [Receiver's Sale of Real Estate Free and Clear of Mortgages Upheld](https://wolfsonbolton.com/news-updates/2016/october/receivers-sale-of-real-estate-free-and-clear-of-mortgages-upheld/)

**Published:** October 3, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals recently upheld a trial court’s ruling that the sale of real estate by a receiver free and clear of all liens, claims, and encumbrances, including mortgages in favor of a subcontractor, was a proper exercise of the trial court’s authority under MCL 570.1123(2). At issue in Stock Building Supply, LLC v. Crosswinds Communities, Inc., 2016 Mich. App. LEXIS 1685 (2016) was whether the sale by a receiver of four condominium units “free and clear of all claims, liens, and encumbrances” extinguished mortgages placed on those units by Church & Church, Inc. Church was a subcontractor on the Eton Street Station II condominium project in Birmingham, Michigan, which was funded by a $13,201,800 loan from Citizens Bank and secured by a mortgage. After the developer defaulted, Citizens sought and was granted a receiver over the condominiums. The receiver sold four units, with court approval, “free and clear of all liens, claims, and encumbrances.” Church objected to the sales three years after the close of the receivership, arguing that it still maintained mortgages on the units because the trial court did not have the authority to approve the sale of them free and clear of Church’s interests. The Michigan Court of Appeals disagreed, holding that MCL 570.1123(2), which permits a receiver to “petition the court for authority to sell the real property interest under foreclosure for cash or on other terms as may be ordered by the court,” permitted the trial court to sell the properties free and clear of Church’s mortgage. Specifically, the court held that the phrase “on other terms” gave the trial court the authority to approve the sale of the units free and clear of all liens, including Church’s mortgage.

**Categories:** Practice Updates

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### [Party Bound By Settlement Agreement's Terms Despite Failing to Sign It](https://wolfsonbolton.com/news-updates/2016/september/party-bound-by-settlement-agreements-terms-despite-failing-to-sign-it/)

**Published:** September 5, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The Sixth Circuit Court of Appeals recently held that a party can be bound to a mutual release of claims in a settlement agreement despite failing to sign it. In Baker Hughes, Inc. v. S&S Chemical LLC, et al., case no. 15-2413 (6th Cir. September 2, 2016), a former employee sued his employer in Oklahoma, alleging he did not receive his full compensation. The employer sent the employee a draft settlement agreement proposing to resolve the case. The draft agreement indicated that the employer would pay the employee $10,000 in exchange for a mutual release of claims. The employee signed the settlement agreement, but the employer never did. The employer later filed suit against the former employee in Michigan and alleged that the employee was using the employer’s trade secrets in his new business. The employer argued that, at the very least, a genuine issue of material fact existed regarding whether the mutual release of claims in the settlement agreement applied because the employer never signed the draft. The Sixth Circuit Court of Appeals disagreed, affirming the trial court’s decision that the release was enforceable against the employer. “\[T\]he transmission of the Settlement to \[the employee\] constituted an offer . . . .” The offer was accepted when the former employee “signed the draft of the Settlement” and “communicated his acceptance to \[the employer\]” when the signed draft was faxed to the employer’s counsel. The Court noted that “nothing in the record suggests that \[the employer’s\] offer was expressly conditioned upon \[the employer\] later signing the Settlement.” The case is a strong reminder to clients and attorneys alike to be cautious when exchanging multiple drafts of settlement agreements. A party may be bound by a draft’s terms regardless of whether the draft has been signed. If a party’s attorney is transmitting a draft settlement agreement but does not yet have his or her client’s approval regarding specific language, the attorney should expressly state that the settlement is conditioned on the client’s signature.

**Categories:** Practice Updates

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### [Chapter 7 Trustee’s Civil Conspiracy Claim Survives In Pari Delicto Challenge](https://wolfsonbolton.com/news-updates/2016/september/chapter-7-trustees-civil-conspiracy-claim-survives-in-pari-delicto-challenge/)

**Published:** September 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

In Bash v. Textron Financial Corporation (In re Fair Finance Company), the Sixth Circuit Court of Appeals reversed a district court’s dismissal of a chapter 7 trustee’s civil conspiracy claim. The chapter 7 trustee had sued Textron Financial Corporation, alleging that Textron assisted in the debtor company’s concealment and perpetuation of a Ponzi scheme. Textron filed a motion to dismiss the chapter 7 trustee’s civil conspiracy claim, arguing that the in pari delicto (in a case of equal or mutual fault, equity favors the position of the defending party) defense barred the trustee’s claim. The Sixth Circuit reversed, holding that a plaintiff is not required to plead facts necessary to defeat an affirmative defense. The Sixth Circuit went on to hold that the Ohio Supreme Court, if faced with the issue, would adopt the “innocent insider” exception as it relates to the in pari delicto defense. In other words, in pari delicto may bar a trustee’s actions against third parties who participated in or facilitated wrongful conduct of the debtor. An exception to the in pari delicto defense is the adverse interest exception, which arises if a person is committing an independent fraudulent act on her own account. The adverse interest exception also has an exception known as the sole actor doctrine that arises if agents responsible for adverse conduct dominate and control the principal. And, finally, the adverse interest exception also has an exception, which is known as the innocent insider exception. This exception arises if an innocent person inside a company has the power to stop the fraud.

**Categories:** Practice Updates

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### [Court Permits Creditor to Set Off Administrative Expense against Preferential Liability](https://wolfsonbolton.com/news-updates/2016/august/court-permits-creditor-to-set-off-administrative-expense-against-preferential-liability/)

**Published:** August 3, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Bankruptcy Court for the District of Delaware recently permitted a creditor to set off its allowed post-petition administrative expense claim against its preferential liability. In Official Committee of Unsecured Creditors of Quantum Foods, LLC v. Tyson Foods, Inc., No. 15-50254 (Bankr. D. Del. July 25, 2016), the Official Committee of Unsecured Creditors of Quantum Foods, LLC, after being granted derivative standing, filed suit against Tyson Foods, Inc. and Tyson Fresh Meats, Inc. seeking to avoid and recover preferential and fraudulent transfers totaling $13,747,933. In response, Tyson asserted, among other defenses, a right to set off a previously-allowed post-petition administrative expense claim in the amount of $2,603,841.09 against its preferential liability. The Committee subsequently filed a motion for judgment on the pleadings with respect to Tyson’s assertion of a setoff right. Section 553(a) of 11 U.S.C. preserves the “right of a creditor to offset a mutual debt owing by such creditor to the debtor that arose before the commencement of the case . . . against a claim of such creditor against the debtor that arose before the commencement of the case.” Although the Code seemingly only preserves the right of a creditor to setoff mutual prepetition obligations, “\[t\]he judicial consensus is that setoff is available in bankruptcy when the opposing obligations arise on the same side of the bankruptcy petition date.” Thus, a creditor may set off a debt owing to and from the debtor if the debts both arose either pre-petition or post-petition. In this instance, the court held, the administrative expense clearly arose post-petition. Moreover, even though a preference claim concerns pre-petition facts, the court held, a preference claim “necessarily arises only post-petition.” Accordingly, the court denied the Committee’s motion.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Anthony Kochis Receives TMA Detroit nextGen Top of the Class Award](https://wolfsonbolton.com/news-updates/2016/august/anthony-kochis-receives-tma-detroit-nextgen-top-of-the-class-award/)

**Published:** August 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Honors

---

### [ABA Business Bankruptcy Committee to Host Claims Trading Debate at the National Conference of Bankruptcy Judges](https://wolfsonbolton.com/news-updates/2016/august/aba-business-bankruptcy-committee-to-host-claims-trading-debate-at-the-national-conference-of-bankruptcy-judges/)

**Published:** August 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Practice Updates

---

### [The Best Lawyers in America© 2017 Honors Peter C. Bolton](https://wolfsonbolton.com/news-updates/2016/august/the-best-lawyers-in-america-2017-honors-peter-c-bolton/)

**Published:** August 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Honors

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### [Scott A. Wolfson Named "Lawyer of the Year" for 2017](https://wolfsonbolton.com/news-updates/2016/august/scott-a-wolfson-named-lawyer-of-the-year-for-2017/)

**Published:** August 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Honors

---

### [Bankruptcy "Blocking Director" of Michigan LLC Rejected](https://wolfsonbolton.com/news-updates/2016/august/bankruptcy-blocking-director-of-michigan-llc-rejected/)

**Published:** August 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

A Bankruptcy Court recently voided an operating agreement provision requiring the consent of a secured lender-placed “special member” for a Michigan LLC to file a bankruptcy petition. In In re Lake Michigan Beach Pottawattamie Resort LLC, 547 B.R. 899 (Bankr. N.D. Ill. 2016), the “blocking director” provision was inserted as an amendment to the debtor’s operating agreement in connection with a forbearance agreement. The provision granted the special member the right to approve or disapprove various LLC actions, including filing a bankruptcy petition. The amendment was clear that the blocking director provision was for the express benefit of the lender, and that the special member was relieved of any fiduciary duties to the debtor and its members. The debtor filed a voluntary bankruptcy petition without the consent of the special member, and the secured lender moved to dismiss the filing as unauthorized. The court held that the blocking director provision was void under both bankruptcy and Michigan law, and that the bankruptcy was authorized because the remaining members voted in favor of the filing.

**Categories:** Practice Updates

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### [Unperfected Secured Creditor with After Acquired Property Clause Ruled Top Dog](https://wolfsonbolton.com/news-updates/2016/july/unperfected-secured-creditor-with-after-acquired-property-clause-ruled-top-dog/)

**Published:** July 7, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The Superior Court of Rhode Island recently granted a motion for replevin in favor of an unperfected secured creditor, Pet Food Experts, Inc., and against another unperfected secured creditor, Greenwood Credit Union, to partially satisfy obligations owing from Alpha Nutrition, Inc. d/b/a Doggiefood.com to Pet Food Experts. In Pet Food Experts, Inc. v. Alpha Nutrition, Inc., 2016 R.I. Super LEXIS 58 (R.I. Sup. Ct. May 10, 2016), two secured creditors were competing over their security interests in a 2015 Cadillac Escalade. Pet Food Experts previously made a $700,000 loan to Alpha Nutrition in September 2014 that was secured by all of Alpha’s existing and after acquired assets. Pet Food Experts perfected its security interest by filing a UCC financing statement. Alpha Nutrition later purchased an Escalade using financing it received from Greenwood. While Greenwood received a security interest in the vehicle in exchange for the financing, Greenwood failed to note its interest on the vehicle’s certificate so as to perfect its interest in accordance with Rhode Island law. Alpha Nutrition subsequently defaulted on its payments to Pet Food Experts and Pet Food Experts filed a replevin action for the vehicle. The Court, after describing the steps to perfect an interest in a titled vehicle, held that while both secured parties’ interests attached to the vehicle at the same time, neither noted their lien on the title, and thus both were unperfected. As a result, the Court could not look to either the title statute’s or the UCC’s priority rules, but rather had to use its equitable powers to determine priority. In holding that Pet Food Experts had priority, the court stated that the subsequent lender providing the financing to the debtor was in a better position to perfect its interest and that a creditor with an after-acquired property clause was “at a severe disadvantage when the after-acquired property is an automobile financed by a subsequent creditor.” The Court thus granted the replevin motion in favor of Pet Food Experts.

**Categories:** Practice Updates

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### [Equitable Subrogation Appropriate Despite Payor Being Party to Mortgage](https://wolfsonbolton.com/news-updates/2016/july/equitable-subrogation-appropriate-despite-payor-being-party-to-mortgage/)

**Published:** July 6, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals recently held that a party to a mortgage can take advantage of equitable subrogation. In Albace v. RAAW Enterprises, et al., case no. 326435 (Mich. Ct. App. June 21, 2016), the defendants owed the plaintiff $300,000 for the purchase of property under a land contract. Defendants executed a promissory note to a bank in order to obtain $200,000 to pay to the plaintiff. The plaintiff was not a party to the promissory note, but granted a mortgage to the bank on the property as collateral. When defendants defaulted under the loan, the plaintiff paid the amount owing to the bank in order to protect his interest in the property, and later attempted to recover this amount against defendants under the theory of equitable subrogation. The defendants argued that equitable subrogation was inappropriate in this case because the plaintiff was liable for the debt to the bank as a party to the mortgage. The Michigan Court of Appeals disagreed because the mortgage did not expressly obligate the plaintiff to pay the indebtedness. “\[A\] mortgage can set forth the terms of indebtedness . . . But this one does not. The mortgage contains no promise to make payments on the underlying debt.” Therefore, because the mortgage did not expressly create a payment obligation for the plaintiff, the mortgage was “mere security of the money debt” and the plaintiff could recover under equitable subrogation.

**Categories:** Practice Updates

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### [General Products Corporation Files Bankruptcy, Seeks Quick Sale of Assets](https://wolfsonbolton.com/news-updates/2016/july/general-products-corporation-files-bankruptcy-seeks-quick-sale-of-assets/)

**Published:** July 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

General Products Corporation, a full service supplier of engineered, complex, and precision machine components and assemblies for the automotive and heavy-duty truck markets, filed Chapter 11 bankruptcy on June 27, 2016 in the United States Bankruptcy Court for the Eastern District of Michigan. The case is pending in Detroit before Judge Thomas J. Tucker. General Products identified the cause of its filing as declining demand for products and increased capital requirements. A motion to sell substantially all of General Products’ assets has been filed, requesting a sale closing on or before August 22, 2016. The case is In re General Products Corporation, Case No. 16-49267.

**Categories:** Practice Updates

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### [Restriction Prohibiting LLC’s Bankruptcy Filing Held Void](https://wolfsonbolton.com/news-updates/2016/june/restriction-prohibiting-llcs-bankruptcy-filing-held-void/)

**Published:** June 3, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

In Intervention Energy Holdings, LLC, Case No. 16-11247, the United States Bankruptcy Court for the District of Delaware recently held that a provision inserted into a limited liability company’s operating agreement to restrict the filing of a bankruptcy is void as contrary to federal public policy. As part of a forbearance agreement with its lender, Debtor IE Holdings agreed to an amendment of its operating agreement whereby authorization to file bankruptcy required the unanimous approval of all holders of common unit interests and one common unit interest was sold to its lender for $1.00. Debtor IE Holdings filed bankruptcy absent the approval of its lender and the lender moved to dismiss the bankruptcy, arguing that the filing was unauthorized. In denying the lender’s motion to dismiss IE Holdings’ bankruptcy case, the bankruptcy court held that the amendment of the operating agreement was “tantamount to an absolute waiver” of the right to file bankruptcy, which, even if permitted by state law, contravenes federal public policy and is void.

**Categories:** Practice Updates

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### [Scott A. Wolfson Delivers Commencement Address](https://wolfsonbolton.com/news-updates/2016/june/scott-a-wolfson-delivers-commencement-address/)

**Published:** June 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Leadership

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### [Scott A. Wolfson to Speak at American Bankruptcy Institute’s Central States Conference](https://wolfsonbolton.com/news-updates/2016/june/scott-a-wolfson-to-speak-at-american-bankruptcy-institutes-central-states-conference/)

**Published:** June 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Leadership

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### [Divestiture Doctrine Inapplicable to Request for Stay Pending Appeal](https://wolfsonbolton.com/news-updates/2016/june/divestiture-doctrine-inapplicable-to-request-for-stay-pending-appeal/)

**Published:** June 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

In In re Sabine Oil & Gas Corp., 548 B.R. 674 (Bankr. S.D.N.Y. 2016), a New York bankruptcy court recently refused to apply the divestiture doctrine to stay confirmation proceedings pending an appeal. The court had previously denied a request by the official committee of unsecured creditors to derivatively pursue certain causes of action on behalf of the estate. The committee then appealed the court’s decision and sought a stay. At the time of the appeal, the debtors had already filed a plan of reorganization that released the same causes of action the committee sought to pursue. Thus, if the plan were confirmed pending the committee’s appeal, it would effectively moot the appeal. This result, the committee argued, violated the divestiture doctrine because it would divest the appeals court of its ability to allow the committee to pursue the claims. The bankruptcy court held the divestiture doctrine inapplicable to the committee’s request. “The divestiture doctrine, in its simplest terms, provides that the filing of an appeal divests the lower court of its control over the issue or matter that is on appeal. . . . During the pendency of an appeal of a bankruptcy court order, however, the bankruptcy court is not divested of jurisdiction to enforce or implement the order being appealed, nor is the bankruptcy court divested of jurisdiction to decide issues and proceedings different from and collateral to those involved in the appeal.” Here, the court held, confirmation of the proposed plan containing releases would not alter the court’s order denying the committee derivative standing. Further, the court held, “\[i\]f the divestiture doctrine were to be applied in a way that divests bankruptcy courts of jurisdiction over all issues relevant to confirmation on which the court has previously ruled and are the subject of a pending appeal, this would lead to an absurd result—courts would likely decline to rule on any issues that could be implicated at confirmation for fear of interfering with a debtor’s ability to emerge from chapter 11. Moreover, it would effectively cede control of the conduct of a chapter 11 case to disappointed litigants. This cannot be, and is not, the law.” Accordingly, the committee’s request was denied.

**Categories:** Practice Updates

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### [Words Speak Louder Than Numbers](https://wolfsonbolton.com/news-updates/2016/may/words-speak-louder-than-numbers/)

**Published:** May 2, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The Court of Appeals of Texas held that the written words in loan documents prevail over contradictory numerals. In Charles R. Tips Family Trust v. PB Commercial LLC, 459 S.W.3d 147 (Tex. App. 2015), Patriot Bank loaned $1,700,000 to Charles R. Tips Family Trust and Hazel W. Tips Family Trust pursuant to a note, a deed of trust, and a guaranty agreement. Each document described the principal amount of the loan as “ONE MILLION SEVEN THOUSAND AND NO/100 ($1,700,000.00) DOLLARS.” Id. at 150. The borrowers failed to repay the entire amount of the loan prior to maturity. Patriot Bank sought to collect the unpaid principal and interest. PB Commercial acquired the loan and documents from Patriot Bank and sold the property securing the note for $874,125. PB Commercial then sued the borrowers for the remaining deficiency and was granted an $815,214.50 judgment. The borrowers appealed the deficiency judgment. On appeal, the appellate court held that the deficiency judgment was improper because the principal balance owing under the loan documents was $1,007,000, not $1,700,000, citing the Uniform Commercial Code’s provision that “words prevail over numbers.” Tex. Bus. & Com. Code 3.114. The court refused to consider extrinsic evidence regarding the amount of money that Patriot Bank actually provided to the borrowers because the loan documents were not ambiguous after application of all relevant rules of construction. Id. at 156. As a result, the court reversed the trial court’s deficiency judgment for PB Commercial, rendered a judgment that the principal amount of the loan was $1,007,000, and remanded the case to the trial court for further proceedings.

**Categories:** Practice Updates

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### [Supreme Court Broadly Interprets "Actual Fraud" Bankruptcy Discharge Exception](https://wolfsonbolton.com/news-updates/2016/may/supreme-court-broadly-interprets-actual-fraud-bankruptcy-discharge-exception/)

**Published:** May 2, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

On May 16, 2016, the United States Supreme Court held in Husky International Electronics, Inc. v. Ritz, 578 U.S. \_\_\_ (2016), that the term “actual fraud” in a bankruptcy non-discharge section encompasses fraudulent conveyance schemes, even when those schemes do not involve a false representation. The Bankruptcy Code prohibits debtors from discharging debts “obtained by . . . false pretenses, a false representation, or actual fraud.” Debts of this type pass through the bankruptcy and creditors continue to be able to seek and enforce judgments arising from those claims. In Ritz, Husky International Electronics sold goods to Chrysalis Manufacturing, and Chrysalis incurred a debt to Husky of approximately $164,000. During the same period, defendant Daniel Lee Ritz, Jr. served as a director of Chrysalis and owned at least 30% of Chrysalis’s stock. He drained Chrysalis of assets it could have used to pay its debts to creditors like Husky by transferring large sums of Chrysalis’s funds to other entities Ritz controlled. Husky filed a lawsuit seeking to hold Ritz personally liable for Chrysalis’s debt. Ritz then filed for Chapter 7 bankruptcy. Husky brought an adversary proceeding against Ritz seeking to hold Ritz personally liable to Husky and to hold the debt non-dischargeable because Ritz’s intercompany-transfer scheme constituted “actual fraud” under the Bankruptcy Code’s exemption to discharge in 11 U.S.C. 523(A)(2)(A). In a split with other Circuit Courts, the Fifth Circuit held that a debt is “obtained by . . . actual fraud” only if the debtor’s fraud involves a false representation from the debtor to the creditor. The Supreme Court reversed, holding that the term “actual fraud” encompasses forms of fraud, like fraudulent conveyance schemes, that can be effected without a false representation.

**Categories:** Practice Updates

**Tags:** Courts

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### [First Annual Wolfson Family Resiliency Scholarship Awarded](https://wolfsonbolton.com/news-updates/2016/may/first-annual-wolfson-family-resiliency-scholarship-awarded/)

**Published:** May 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Community

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### [Michigan Court of Appeals Rules Circuit Court Did Not Have Jurisdiction Over Claim and Delivery Action](https://wolfsonbolton.com/news-updates/2016/april/michigan-court-of-appeals-rules-circuit-court-did-not-have-jurisdiction-over-claim-and-delivery-action/)

**Published:** April 4, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals recently held that the circuit court did not have jurisdiction over a claim and delivery action because the complaint included allegations of a failure to follow procedures for abandoned vehicle reporting. In Ford Motor Credit Company v. Haggen, case no. 325889 (Mich. Ct. App. March 15, 2016), Ford Credit filed a complaint in Wayne County Circuit Court alleging a claim and delivery action and claim for conversion regarding a vehicle in a towing company’s possession. Ford Credit later amended the complaint to include other counts and defendants. The court granted Ford Credit’s motion for partial summary disposition, but the Court of Appeals reversed the decision on the grounds that the circuit court did not have subject-matter jurisdiction. Despite the fact that the original complaint never alleged that the vehicle was “abandoned,” the Court of Appeals found that all claims stemmed from the contention that the towing company failed to comply with abandoned vehicle processing requirements under MCL 257.252e(1). That statute indicates that the district court, not circuit court, has jurisdiction over such claims. Ford Credit argued that the statute’s requirements were not at issue because the towing company admitted that it failed to allow Ford Credit to redeem the car, but the Court of Appeals found those admissions irrelevant for jurisdictional purposes. “\[T\]he issue of whether the circuit court had subject-matter jurisdiction over the case was based on the pleadings in the case, rather than subsequent admissions of the opposing party.” The opinion is a strong reminder to plaintiffs that a single allegation can change the location where a complaint may be filed.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Michigan Bar Journal Publishes Scott A. Wolfson's Litigation Article](https://wolfsonbolton.com/news-updates/2016/april/michigan-bar-journal-publishes-scott-a-wolfsons-litigation-article/)

**Published:** April 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.](https://wolfsonbolton.com/images/blog/pdf4article2861.1).pdf)

**Categories:** Practice Updates

---

### [Scott A. Wolfson’s and Anthony J. Kochis’ Article on D&O Case Published by American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2016/april/scott-a-wolfsons-and-anthony-j-kochis-article-on-do-case-published-by-american-bankruptcy-institute-journal/)

**Published:** April 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Leadership

---

### [Wolfson Bolton Sponsors Bar Charity Event](https://wolfsonbolton.com/news-updates/2016/april/wolfson-bolton-sponsors-bar-charity-event/)

**Published:** April 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Community

---

### [Fifth Circuit Upholds Surcharge against Secured Creditor Despite Failed Sale Efforts](https://wolfsonbolton.com/news-updates/2016/april/fifth-circuit-upholds-surcharge-against-secured-creditor-despite-failed-sale-efforts/)

**Published:** April 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

In Southwest Sec., FSB v. Segner (In re Domistyle, Inc.), 811 F.3d 691, (5th Cir. 2015), the trustee attempted to sell property believed by all parties to be worth more than the secured debt. Once he was unable to sell the property for an amount acceptable to the secured creditor, he abandoned the property to the secured creditor and sought to surcharge the property under 11 U.S.C. 506(c) for expenses incurred during the sale process related to preserving the value of the property. These expenses included security, repairs to the roof and electrical system, mowing, landscaping, utilities, and insurance premiums. The Bankruptcy Court granted the surcharge and the secured creditor appealed. The Fifth Circuit began its analysis by noting the general rule in bankruptcy that administrative expenses cannot be satisfied out of collateral property but must be borne out of the unencumbered assets of the estate. Section 506(c) provides a “narrow” and “extraordinary” exception to this general rule by allowing a trustee to “surcharge” a secured creditor’s collateral to recover the reasonable and necessary expenses preserving and disposing of the collateral “to the extent of any benefit” to the secured creditor. The rationale for surcharge is to prevent a secured creditor being unjustly enriched. The Fifth Circuit rejected the secured creditor’s arguments that the trustee had failed to carry his burden of proving entitlement to surcharge. It held that the bankruptcy court did not clearly err in finding that the secured creditor received a direct and quantifiable benefit from the trustee’s stewardship of the property, based on testimony of the trustee’s real estate broker that the value preserved was at least as much as the amount expended.

**Categories:** Practice Updates

**Tags:** Courts

---

### [American Bankruptcy Institute Releases Scott A. Wolfson’s Podcast Preview of Spring D&O Panel](https://wolfsonbolton.com/news-updates/2016/march/american-bankruptcy-institute-releases-scott-a-wolfsons-podcast-preview-of-spring-do-panel/)

**Published:** March 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.](https://www.youtube.com/watch?v=KN2szLlMnEo)

**Categories:** Practice Updates

---

### [Pre-Bankruptcy Lease Terminations May Constitute Avoidable Transfers](https://wolfsonbolton.com/news-updates/2016/march/pre-bankruptcy-lease-terminations-may-constitute-avoidable-transfers/)

**Published:** March 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Court of Appeals for the Seventh Circuit recently held that a debtor’s termination of two commercial leases constituted transfers subject to avoidance and recovery. In Official Committee of Unsecured Creditors of Great Lakes Quick Lube, LP v. T.D. Investments I, LLP (In re Great Lakes Quick Lube LP), No. 15-2093, 2016 U.S. App. LEXIS 4560 (7th Cir. Mar. 11, 2016), Great Lakes Quick Lube LP (“Great Lakes”) leased numerous oil change stores from entities throughout the Midwest. Fifty-two days before filing for bankruptcy, Great Lakes negotiated the termination of two of its leases with T.D. Investments I, LLP (“T.D.”). After filing for bankruptcy, Great Lakes’ unsecured creditors committee (“Committee”) filed an adversary proceeding against T.D. seeking to avoid and recover the value of the cancelled leases as preferential and fraudulent transfers. The bankruptcy court denied the Committee’s request, holding that the terminations were not “transfers” subject to avoidance and recovery. The Seventh Circuit reversed the bankruptcy court’s ruling on a direct appeal, holding that a transfer, as defined by the Bankruptcy Code, includes “each mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with—(i) property; or (ii) an interest in property.” When Great Lakes terminated the leases, the Seventh Circuit ruled, it transferred an interest in property—the leases—to T.D., thus making the terminations “transfers” subject to avoidance and recovery. The Seventh Circuit also noted that 11 U.S.C. 365(c)(3), which prohibits a trustee from assuming a commercial lease that is terminated before the order for relief is entered, was inapplicable because the Committee was seeking to recover only the value of the leases, not the leases themselves. Accordingly, the Seventh Circuit remanded the case to the bankruptcy court to determine the value of the transfers to T.D.

**Categories:** Practice Updates

---

### [Michigan Court of Appeals Rules that Plaintiff Could Sue on Contract Despite Different Name on Invoice](https://wolfsonbolton.com/news-updates/2016/february/michigan-court-of-appeals-rules-that-plaintiff-could-sue-on-contract-despite-different-name-on-invoice/)

**Published:** February 3, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

In J&N Koets, Inc. d/b/a Advanced Restorations, v. Onemarket Properties Lake Point LLC, et al., case no. 324007 (Mich. Ct. App. January 12, 2016), the owners of a condominium complex asked the plaintiff restoration company to address water damage within the building. The owners signed a contract listing the “Client” as the condominium but the space labeled “Company” was left blank. The restoration company issued an invoice afterwards that stated a different name than the plaintiff. The owners argued that the plaintiff was not the real party in interest because of this name difference, but the Court disagreed, stating, “A real party in interest is the one who is vested with the right of action on a given claim, although the beneficial interest may be in another.” The Court noted that there was uncontroverted evidence that only the plaintiff’s employees were involved in the formation of the contract and the relevant services. Moreover, the entity that the owners claimed was the real party in interest assigned their claims to the plaintiff. The opinion is further evidence that courts may look beyond documents’ labels when the substantive facts of the dispute are clear.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Scott A. Wolfson Quoted in Crain’s Detroit Business on City of Detroit Preference Cases](https://wolfsonbolton.com/news-updates/2016/february/scott-a-wolfson-quoted-in-crains-detroit-business-on-city-of-detroit-preference-cases/)

**Published:** February 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

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.](https://www.crainsdetroit.com/article/20160228/NEWS/302289972/detroit-shifts-to-second-gear-in-bankruptcy-settlement-plan)

**Categories:** Firm News

**Tags:** Leadership

---

### [Payments Made by Secured Creditors to Unsecured Creditors Not Subject to Priority Scheme](https://wolfsonbolton.com/news-updates/2016/february/payments-made-by-secured-creditors-to-unsecured-creditors-not-subject-to-priority-scheme/)

**Published:** February 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Court of Appeals for the Third Circuit recently ruled that payments made by a secured creditor to unsecured creditors and their professionals were not property of the estate and, thus, not subject to the Bankruptcy Code’s priority scheme. In In re LCI Holding Co., 802 F.3d 547 (3rd Cir. 2015), lenders to an operator of long-term acute care hospitals credit bid $320 million of the $355 million of secured debt that they had lent to the debtor. In connection with the bid and to resolve objections, the lenders agreed to pay the debtor’s unsecured creditors $3.5 million and the unsecured creditors committee’s professional fees. The bankruptcy court approved the sale over the United States Government’s objection that the payments made to the unsecured creditors and their professionals violated the Code’s priority scheme. The bankruptcy court held that the funds placed in escrow by the secured lenders were not property of the estate and not subject to distribution to the debtor’s creditors. The Government appealed the decision. The 3rd Circuit affirmed the bankruptcy court’s decision, holding that the funds were not property of the estate or proceeds of the lenders’ collateral, but were instead the lender’s property. As a result, the Bankruptcy Code’s priority scheme was not violated.

**Categories:** Practice Updates

---

### ["Inquiry Notice" of Borrower’s Fraud Voids Bank’s Security for $312 Million Loan](https://wolfsonbolton.com/news-updates/2016/january/inquiry-notice-of-borrowers-fraud-voids-banks-security-for-312-million-loan/)

**Published:** January 4, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

The Seventh Circuit Court of Appeals recently voided Bank of New York Mellon’s (“BNYM”) security for its $312 million dollar loan to Sentinel Management Group because the bank was aware of suspicious facts that should have led it to investigate whether Sentinel had authority to pledge securities to the bank. The case is Grede v. Bank of New York Mellon Corp. and Bank of New York (In re Sentinel Management Group, Inc.), Case No. 15-1039 (7th Cir. January 8, 2016). Sentinel was a cash management firm, investing cash which had been lent to it in liquid, low-risk securities. Sentinel also traded on its own account using money borrowed from BNYM to finance the trades. To secure its loan from BNYM, Sentinel pledged securities that it had bought for its customers with their money even though Sentinel’s loans from BNYM were used to trade on Sentinel’s own account. Sentinel was forbidden to pledge these securities to BNYM as security for BNYM’s loans to it. Sentinel experienced trading losses that prevented it from maintaining its collateral with BNYM and meeting the demands of Sentinel’s customers for redemption of the securities that Sentinel had bought with their assets. Sentinel used its line of credit with BNYM to meet redemption demands. When Sentinel declared bankruptcy, it owed BNYM $312 million. BNYM notified Sentinel that, because of Sentinel’s inability to repay BNYM’s loan, the bank planned to liquidate the collateral that Sentinel had pledged to secure the loan. Sentinel’s trustee refused to classify BNYM as a secured creditor with respect to the $312 million Sentinel owed it, asserting that Sentinel’s transfers of customer accounts to BNYM to collateralize Sentinel’s loans were fraudulent transfers under 11 U.S.C. 548(a)(1)(A). The Seventh Circuit noted that the bank would have been in the clear had it accepted the pledge of assets “in good faith” under 11 U.S.C. 548(c), but BNYM would not have been acting in good faith had it had “inquiry notice.” Inquiry notice is “knowledge that would lead a reasonable, law-abiding person to inquire further — would make him in other words suspicious enough to conduct a diligent search for possible dirt.” The Court held that BNYM was on inquiry notice to further investigate whether Sentinel could pledge the securities because the evidence showed that the bank, before it accepted the collateral, questioned whether Sentinel could pledge the securities. Therefore, BNYM was an unsecured creditor with respect to the $312 million Sentinel owed it.

**Categories:** Practice Updates

---

### [Bankruptcy Court Holds D&O Policy Proceeds Payable to Non-Debtors Not Estate Property](https://wolfsonbolton.com/news-updates/2016/january/bankruptcy-court-holds-do-policy-proceeds-payable-to-non-debtors-not-estate-property/)

**Published:** January 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

A Bankruptcy Court in the Middle District of Pennsylvania recently held that proceeds of a D&O policy owned by a Chapter 7 debtor were not property of the estate. In Brothers v. Neblett (In re Valley Forge Composite Techs., Inc.), 2015 Bankr. LEXIS 4296 (Bankr. M.D. Pa. Dec. 21, 2015), two of the Debtor’s officers filed a motion for relief from the automatic stay to allow the advancement of their defense costs under the D&O policy and, in the alternative, sought a declaratory judgment that the automatic stay does not apply to bar the advancement of defense costs. The Bankruptcy Court cited precedent from the Third and Fifth Circuits and the District Court for the Southern District of New York in holding that proceeds payable to directors and officers under a D&O policy are not property of the Debtor’s estate. “The automatic stay, therefore, does not apply, and the Movants need not obtain this Court’s permission to seek payment under the policy.”

**Categories:** Practice Updates

**Tags:** Courts

---

### [Great Lakes Comnet, Inc. and Comlink, L.L.C. File Bankruptcy, Eyeing Quick Sale of Assets](https://wolfsonbolton.com/news-updates/2016/january/great-lakes-comnet-inc-and-comlink-l-l-c-file-bankruptcy-eyeing-quick-sale-of-assets/)

**Published:** January 1, 2016
**Author:** Wolfson Bolton Kochis

**Content:**

Great Lakes Comnet, Inc., an owner and operator of a 6,500 mile fiber network serving Michigan and neighboring states, and Comlink, L.L.C., a provider of dedicated ultra-high-speed bandwidth data transmission, filed for bankruptcy on January 25, 2016 in the United States Bankruptcy Court for the Western District of Michigan. Debtors’ secured lender, CoBank, ACB, is owed more than $25 million. Debtors state that the prime cause of their bankruptcy filings is an on-going payment dispute with AT&T Services, Inc. and AT&T Corp. Debtors’ first-day filings suggest a motion to sell assets will be filed quickly, with a stalking horse price estimated at approximately $32.6 million. The cases are In re Great Lakes Comnet, Inc., Case No. 16-00290 and In re Comlink, L.L.C., Case No. 16-00292.

**Categories:** Practice Updates

---

### [Scott A. Wolfson Quoted in Crain’s Detroit Business on City of Detroit Pre-Bankruptcy Preference Claims](https://wolfsonbolton.com/news-updates/2015/december/scott-a-wolfson-quoted-in-crains-detroit-business-on-city-of-detroit-pre-bankruptcy-preference-claims/)

**Published:** December 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

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.](https://www.crainsdetroit.com/article/20151206/NEWS/312069993/attorneys-detroit-unlikely-to-get-50m-back-from-biz-on-pre)

**Categories:** Firm News

**Tags:** Leadership

---

### [Bankruptcy Court Did Not Err Allowing State Court Litigation against Debtor to Continue](https://wolfsonbolton.com/news-updates/2015/december/bankruptcy-court-did-not-err-allowing-state-court-litigation-against-debtor-to-continue/)

**Published:** December 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

The Bankruptcy Appellate Panel (BAP) of the Sixth Circuit recently held that a Bankruptcy Court did not err by granting a motion for relief from stay to continue litigation against a Chapter 7 individual debtor. In In re Martin (6th Cir. BAP Dec. 16, 2015), creditors who were plaintiffs in a state court fraud case against Debtor and others and who were also plaintiffs in a non-dischargeability proceeding against debtor stemming from the same state court litigation, sought relief from the automatic stay to continue the state court litigation. The Bankruptcy Court granted the motion and stayed the non-discharge proceeding. Debtor asserted that the Bankruptcy Court was improperly allowing a state court judge to decide the issue of dischargeability in contradiction to the exclusive jurisdiction of the Bankruptcy Court because a judgment rendered by the state court is likely to have preclusive effect in the adversary proceeding. The BAP affirmed the Bankruptcy Court’s decision to allow the state court litigation to continue, holding that the dischargeability of a debt is a matter separate from the merits of the debt itself, and that giving a state court judgment preclusive effect does not mean that the Bankruptcy Court is deferring to the state court to determine dischargeability. “Accordingly, the bankruptcy court does not improperly abdicate its role by holding an adversary proceeding to determine the dischargeability of a potential debt in abeyance in order to allow completion of on-going state court litigation regarding the cause of action giving rise to the potential debt.”

**Categories:** Practice Updates

**Tags:** Courts

---

### [City of Detroit Sues Vendors to Recover Millions in Preferential Payments](https://wolfsonbolton.com/news-updates/2015/november/city-of-detroit-sues-vendors-to-recover-millions-in-preferential-payments/)

**Published:** November 4, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

The City of Detroit filed lawsuits today in the United States Bankruptcy Court seeking to recover millions that the City paid to its creditors before it filed for protection under Chapter 9 of Bankruptcy Code. Each lawsuit seeks to recover payments ranging from the low hundreds of thousands to millions of dollars. The City retained the New York law firm of Togut, Segal & Segal LLP to file and litigate the lawsuits. The City seeks to recover the payments as preferential transfers. Under section 547 of the Bankruptcy Code, the City may recover payments it made to creditors within 90 days before the City filed for bankruptcy if the City can show the payments allowed the creditor to receive more than it would have received in a Chapter 7 liquidating bankruptcy case, and that the payments were made on account of an antecedent debt and while the City was insolvent. The creditors being sued, in turn, may raise a number of defenses, the most common of which are that (i) the payments were made in the ordinary course of business, (ii) the creditor provided valuable goods or services, known as “new value,” contemporaneously with the payment, or (iii) the creditor continued to provide new value after receiving the payment.

**Categories:** Practice Updates

---

### [Forbearance Agreement Provides Sufficient Value](https://wolfsonbolton.com/news-updates/2015/november/forbearance-agreement-provides-sufficient-value/)

**Published:** November 2, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Bankruptcy Court of Appeals for the Seventh Circuit ruled that a lender could defeat an avoidance action because its agreement to forbear exercising its rights provided sufficient value. In 1756 W. Lake St. LLC v. Am. Chartered Bank, 787 F.3d 383 (7th Cir. 2015), the bank lent the borrower $1.5 million secured by a mortgage on real property. The borrower was not able to repay the loan, and the bank entered into several forbearance agreements. Under one of the agreements, the borrower gave a deed to the mortgaged property to an escrow agent for the bank’s benefit in the event of a default. The borrower later defaulted and the bank recorded the deed. The borrower subsequently filed for bankruptcy and sought to avoid the recording of the deed by claiming it was a fraudulent transfer. The borrower argued that it did not receive reasonably equivalent value because the property was worth $1.7 million, $200,000 more than the $1.5 million loan that it satisfied. The Court ruled in favor of the bank by holding that the forbearance agreements themselves had value. Specifically, the Court found that the borrower was able to generate over $400,000 in gross income during the term of the forbearance agreements, thereby receiving sufficient value to defeat any fraudulent transfer claim.

**Categories:** Practice Updates

---

### [Wolfson Bolton PLLC Receives Tier 1 Rankings from U.S. News and Best Lawyers® 2016 "Best Law Firms"](https://wolfsonbolton.com/news-updates/2015/november/wolfson-bolton-pllc-receives-tier-1-rankings-from-u-s-news-and-best-lawyers-2016-best-law-firms/)

**Published:** November 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Honors

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### [Michigan Court of Appeals Holds “Exclusive” Contract Unenforceable](https://wolfsonbolton.com/news-updates/2015/october/michigan-court-of-appeals-holds-exclusive-contract-unenforceable/)

**Published:** October 5, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals recently held that a contract purporting to grant a party exclusive rights to transport motor fuel was unenforceable. In Armada Oil Company LLC d/b/a AOG Trucking v. Barrick Enterprises, Inc., (No. 321636, September 22, 2015), a motor fuel hauling company claimed it entered into a written contract with a wholesale distributor to serve as the “exclusive fuel hauler” for certain supply agreements. The hauler further claimed that the parties agreed to split the resulting profits. The Court of Appeals held that even if it accepted the hauler’s claims as true and assumed there was a meeting of the minds on the material terms, the contract was unenforceable for lack of consideration. Specifically, the agreement did not require the fuel hauler to do anything. “Plaintiff incurred no obligation or legal detriment that was bargained for and exchanged for defendant’s alleged promises . . . . Because plaintiff made no legally enforceable promise to defendant, defendant would have no cause of action for breach of contract against plaintiff.” The case is a reminder that parties must closely examine contracts that grant “exclusive” rights to ensure there is mutuality of obligation.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Sixth Circuit Permits Administrative Claim for "Substantial Contribution" in a Chapter 7 Case](https://wolfsonbolton.com/news-updates/2015/october/sixth-circuit-permits-administrative-claim-for-substantial-contribution-in-a-chapter-7-case/)

**Published:** October 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

In Mediofactoring, et al. v. McDermott, creditors applied for administrative claims seeking payment of attorneys’ fees and costs on the basis that they had substantially contributed to a Chapter 7 bankruptcy case. The creditors argued that their successful removal of the original Chapter 7 trustee for misfeasance and resulting settlement by the new Chapter 7 Trustee against the former significantly increased the amount of funds available for distribution. Both the bankruptcy court and district court agreed that the creditors had contributed substantially to the settlement. However, the bankruptcy court held that the statutory language of 11 U.S.C. 503(b)(3)(D), which authorizes an administrative claim related to a “substantial contribution in a case under chapter 9 or 11” of the Bankruptcy Code, did not apply in a Chapter 7 case. The Sixth Circuit disagreed, holding that the prefatory language of Section 503(b) permitted the claim and explained that the enumerated subsections of Section 503(b) are non-exhaustive examples of expenses warranting administrative treatment.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Court Denies Prepetition Lender’s Request for Stay Pending Appeal of Interim Financing Order](https://wolfsonbolton.com/news-updates/2015/september/court-denies-prepetition-lenders-request-for-stay-pending-appeal-of-interim-financing-order/)

**Published:** September 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

Postpetition financing is usually crucial to a debtor’s chapter 11 success. Once an order is entered authorizing postpetition financing, however, creditors and other interested parties are generally powerless to reverse the order’s effects. In In re Health Diagnostic Lab., Inc., No. 15-32919-KRH, 2015 Bankr. LEXIS 2731 (Bankr. E.D. Va. Aug. 17, 2015), for instance, a prepetition lender’s request for a stay pending appeal of a court’s interim order authorizing postpetition financing was denied. In the case, a secured prepetition lender loaned the debtor over $13 million, but was unwilling to provide postpetition financing, forcing the debtor to take out a loan from a different lender for $12,000,000 in exchange for a security interest in all of the debtor’s assets and superiority status. The court subsequently approved the financing on an interim basis and set a date for a hearing on a final order. The debtor’s prepetition lender appealed the interim order and sought a stay pending appeal. In denying the prepetition lender’s request, the court examined whether: (1) the prepetition lender was likely to prevail on the merits of its appeal; (2) the prepetition lender would suffer irreparable injury if the stay was denied; (3) the other parties would be substantially harmed by the stay; and (4) the public interest would be served by granting the stay. The prepetition lender argued primarily that a stay should be issued because the lender would be successful on appeal. Specifically, the prepetition lender argued that the court improperly found that the lender had a 100% equity cushion due to valuing the debtor’s assets at a going concern, rather than at a liquidation. The court disagreed by holding that the use of the going concern value was appropriate because liquidation did not seem likely in the future. As for the other factors, the court held that the balance of hardships and the public interest weighed in favor of the debtor because the lender had an adequate equity cushion and because the debtor could continue to operate its business with the financing. Accordingly, the court denied the prepetition lender’s request. Health Diagnostic yet again demonstrates that creditors and interested parties are limited in attacking a financing order. Such parties should therefore attempt to negotiate the terms of a proposed financing order before, rather than after, it is entered.

**Categories:** Practice Updates

**Tags:** Courts

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### [Trump Trumps Trump](https://wolfsonbolton.com/news-updates/2015/august/trump-trumps-trump/)

**Published:** August 7, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Bankruptcy Court for the District of Delaware recently held that the Trademark License Agreement between Trump AC Casino Marks, LLC (“Trump AC”) and Trump Entertainment Resorts, Inc. and certain of its affiliates (“Trump Entertainment”) was not assignable without Trump AC’s consent, and that cause existed to allow Trump AC to lift the automatic stay to proceed with its state court breach action. In In re Trump Entm’t Resorts, Inc., 526 B.R. 116 (Bankr. D. Del. 2015), Trump AC entered into a Trademark License Agreement with Trump Entertainment under which, in connection with the operation of three hotel casinos located in Atlantic City, Trump Entertainment was granted a royalty-free license to use Donald and Ivanka Trump’s names, likenesses, and other marks. The Trademark License Agreement was not assignable without the consent of Trump AC. Trump AC entered into a Consent and Agreement (“Consent Agreement”) with Trump Entertainment’s pre-petition lender under which Trump AC consented to the transfer of Trump Entertainment’s rights under the Trademark License Agreement after an “Enforcement Action.” In August 2014, Trump AC filed a state court lawsuit seeking to terminate the Trademark License Agreement for breaches of the agreement by Trump Entertainment. On September 9, 2014, Trump Entertainment filed for relief under Chapter 11 of the Bankruptcy Code. This resulted in a stay of Trump AC’s state court action. Trump AC filed a motion seeking relief from the automatic stay to allow it to proceed with the state court action. While the Court found that the Trademark License Agreement was an executory contract, its assumption was subject to the limitation contained in Section 365(c)(1) of the Bankruptcy Code. Under this section, a contract may not be assumed if “applicable law excuses a party, other than the debtor, to such contract . . . from accepting performance from or rendering performance to an entity other than the debtor.” The Court found that the applicable law was federal trademark law, and that under federal trademark law, “trademark licenses are not assignable in the absence of some express authorization from the licensor.” Because the Trademark License Agreement expressly prohibited assignment, Trump AC was entitled to relief from the automatic stay under Section 362(d)(1) of the Bankruptcy Code. The Court further found that because Trump Entertainment’s lender had not commenced an “Enforcement Action” before the bankruptcy filing, the lender was not entitled to the benefits of the Consent Agreement entered into with Trump AC, and actions taken by the lender in the bankruptcy proceedings were not tantamount to an “Enforcement Action” as defined in the Consent Agreement.

**Categories:** Practice Updates

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### [Court Holds Subtenant Rent Payments Not Part of Farmer Jack Bankruptcy Estate](https://wolfsonbolton.com/news-updates/2015/august/court-holds-subtenant-rent-payments-not-part-of-farmer-jack-bankruptcy-estate/)

**Published:** August 3, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals recently addressed the bankruptcy estate of Borman’s, the company connected with the now defunct Farmer Jack grocery store chain. In Ashley Livonia A&P v. The Great Atlantic & Pacific Tea Co., et al. (Case No. 319288, June 16, 2015), Borman’s asserted that the security deposit and rent payment it collected from its subtenant was part of its bankruptcy estate and, therefore, beyond the reach of the property’s owner. The Court disagreed, noting that Borman’s collected these payments after the landlord had already evicted Borman’s. “Because Borman’s could not legally provide its subtenant, Mastronardi, with possession and quiet enjoyment of the property, its right to receive rent was terminated.” Therefore, the proceeds could not be part of Borman’s bankruptcy estate.

**Categories:** Practice Updates

**Tags:** Courts

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### [Peter C. Bolton and Scott A. Wolfson Recognized in Best Lawyers in America](https://wolfsonbolton.com/news-updates/2015/august/peter-c-bolton-and-scott-a-wolfson-recognized-in-best-lawyers-in-america/)

**Published:** August 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

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.”

**Categories:** Firm News

**Tags:** Honors

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### [Sixth Circuit Holds that Law v. Siegel Limits Bankruptcy Court Authority to Disallow Exemptions](https://wolfsonbolton.com/news-updates/2015/july/sixth-circuit-holds-that-law-v-siegel-limits-bankruptcy-court-authority-to-disallow-exemptions/)

**Published:** July 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

In Ellmann v. Baker (In re Baker), 2015 U.S. App. LEXIS 11437 (6th Cir. 2015), the Sixth Circuit Court of Appeals held that Law v. Siegel, 134 S. Ct. 1188 (2014), limits a bankruptcy court’s power to disallow claimed exemptions. The debtors had failed to disclose a cause of action in their bankruptcy schedules until years after the close of their case. The bankruptcy trustee moved to reopen the case to pursue the cause of action and the debtors filed an amended exemption of the cause of action. The trustee objected, claiming the exemption was fraudulent and asserted in bad faith. Affirming the district court, the Sixth Circuit held that Law v. Siegel prohibits a bankruptcy court from disallowing the debtors’ claimed exemptions because of their alleged bad faith and fraudulent conduct. Further, the Court affirmed the district court’s finding that the trustee had waived his objection to the timeliness of the exemption amendment.

**Categories:** Practice Updates

**Tags:** Courts

---

### [U.S. Supreme Court Holds Bankruptcy Lawyers Not Entitled to Compensation for Defending Fees](https://wolfsonbolton.com/news-updates/2015/june/u-s-supreme-court-holds-bankruptcy-lawyers-not-entitled-to-compensation-for-defending-fees/)

**Published:** June 3, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

In Baker Botts v. Asarco, 576 U.S. \_\_ (2015), the United States Supreme Court held that Section 330(a)(1) of the Bankruptcy Code does not permit a bankruptcy court to award attorney’s fees for work performed in defending a fee application in court. Debtor-in-possession’s law firms had prosecuted a fraudulent-transfer claim against Debtor’s parent company and obtained a judgment against it worth between $7 and $10 billion. The law firms were awarded $120 million for their work plus a $4.1 million fee enhancement. Post-bankruptcy, the Debtor was again controlled by its judgment-debtor parent, which objected to the law firms’ fees. The bankruptcy court rejected the fee challenge following extensive discovery and a 6-day trial. The court also awarded the law firms over $5 million for time spent litigating in defense of their fee applications. The Supreme Court reversed this award, holding that Congress did not expressly depart from the American Rule — that each litigant pays its own attorney’s fees, win or lose — to permit compensation for fee-defense litigation by professionals hired to assist trustees in bankruptcy proceedings. The Court noted that Section 330(a)(1) does not authorize the award of fees for defending a fee application, and that is the end of the matter. “Our job is to follow the text even if doing so will supposedly undercut a basic objective of the statute.” (internal quotations omitted).

**Categories:** Practice Updates

**Tags:** Courts

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### [Scott A. Wolfson Moderates American Bankruptcy Institute Panel](https://wolfsonbolton.com/news-updates/2015/june/scott-a-wolfson-moderates-american-bankruptcy-institute-panel/)

**Published:** June 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Leadership

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### [U.S. Supreme Court Overrules Debtors’ Ability to Void Underwater Junior Mortgages](https://wolfsonbolton.com/news-updates/2015/june/u-s-supreme-court-overrules-debtors-ability-to-void-underwater-junior-mortgages/)

**Published:** June 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

In Bank of America, N.A. v. Caulkett, 575 U.S. \_\_ (2015), the United States Supreme Court overruled the longstanding ability of a debtor to void a junior mortgage under 11 U.S.C. 506(d) when the debt owed on a senior mortgage exceeds the value of the secured property. Section 506(d) allows a debtor to void a lien on property “\[t\]o the extent that \[the\] lien secures a claim against the debtor that is not an allowed secured claim.” Typically, and as was the case in Caulkett, debtors use 506(d) to void, or “strip,” wholly-underwater junior mortgages, or ones in which the junior mortgagor will receive nothing in the event of a sale of the collateral. Because the amount of the senior debt exceeds the value of the property, only a senior mortgagor is entitled to payment from any sale proceeds, rendering the junior mortgagor essentially unsecured. The Supreme Court, however, overruled this practice. While other Code provisions might suggest otherwise, the Court followed Dewsnup v. Timm, 502 U.S. 410 (1992) in construing 506(d) to prohibit lien stripping. In Dewsnup, the Court held that a “secured claim” for purposes of 506(d) means “a claim supported by a security interest in property, regardless of whether the value of that property would be sufficient to cover the claim.” The Dewsnup definition, the Court held, therefore mandated the result that 506(d) can be used to void a lien only to the extent the claim is not a secured allowed claim. Accordingly, “\[t\]he reasoning of Dewsnup dictates that a debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under 506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral.”

**Categories:** Practice Updates

**Tags:** Courts

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### [Wolfson Bolton Retained as Committee Counsel in Lee Steel Corporation Case](https://wolfsonbolton.com/news-updates/2015/may/wolfson-bolton-retained-as-committee-counsel-in-lee-steel-corporation-case/)

**Published:** May 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

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.

**Categories:** Firm News

**Tags:** Clients

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### ["Convoluted" UCC Financing Statement Collateral Description Not "Seriously Misleading"](https://wolfsonbolton.com/news-updates/2015/may/convoluted-ucc-financing-statement-collateral-description-not-seriously-misleading/)

**Published:** May 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Bankruptcy Court for the Western District of New York recently held that a collateral description in a UCC financing statement was not “seriously misleading,” even though it was “needlessly convoluted.” In Ring v. First Niagara Bank, N.A. (In re Sterling United, Inc.), 519 B.R. 586 (Bankr. W.D.N.Y. 2014), First Niagara Bank, N.A. loaned $1.2 million to United Graphics, Inc. To secure the loan, the bank took a security interest in all of United’s assets and filed a UCC financing statement with a collateral description that arguably limited the collateral to assets located at the debtor’s business address. United moved its operations, and, although the UCC financing statement was amended to change the debtor’s address, the collateral description still referred to assets located at the prior address. Just before United’s involuntary bankruptcy petition, First Niagara modified the collateral description to eliminate the limiting language. The Chapter 7 Trustee later initiated an adversary proceeding to avoid the amended financing statement. The Court denied the Chapter 7 Trustee’s request by following the ruling of ProGrowth Bank, Inc. v. Wells Fargo Bank, N.A., 558 F.3d 809 (8th Cir. 2009), in which the Eighth Circuit Court of Appeals ruled that notice filings are sufficient if they alert subsequent creditors of the possibility that a debtor’s assets are covered by the financing statement. The Court disagreed with the idea that a “Court must consider whether a hypothetical creditor could have been misled.” Rather, the Court held that it “must presume a certain level of sophistication” of the hypothetical downstream creditor and that there “must be a degree of diligence” employed by that creditor when examining the collateral description, similar to how other courts have held downstream creditors “to a standard of ‘reasonableness’ or ‘prudence'” when searching a debtor’s name. Accordingly, the Court saw “no basis for setting the bar higher for a secured creditor against a bankruptcy trustee” and held that a bankruptcy trustee is not granted “a special status” when it comes to what is a seriously misleading financing statement.

**Categories:** Practice Updates

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### [Business Social Media Accounts Are Property of the Bankruptcy Estate](https://wolfsonbolton.com/news-updates/2015/april/business-social-media-accounts-are-property-of-the-bankruptcy-estate/)

**Published:** April 3, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

A bankruptcy court recently held that a business’s Facebook and Twitter accounts were property of the estate. In In re CTLI, LLC, Case No. 14-33564 (S.D. Texas April 3, 2015), a former owner of a Chapter 11 corporate debtor refused to relinquish control of the debtor’s social media accounts. The former owner claimed that the Facebook and Twitter accounts were his personal accounts, but the Court disagreed and pointed out the numerous posts related to the business’s operations. “\[B\]usiness social media accounts are property interests. Like subscriber lists, \[they\] provide valuable access to customers and potential customers.” The Court further noted that its ruling did not deny the former owner his personal goodwill because any followers representing such goodwill are free to follow the former owner to his other social media pages.

**Categories:** Practice Updates

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### [District Court Reviewing Bankruptcy Court’s Proposed Findings of Fact and Conclusions of Law Need Not Accept Additional Evidence](https://wolfsonbolton.com/news-updates/2015/april/district-court-reviewing-bankruptcy-courts-proposed-findings-of-fact-and-conclusions-of-law-need-not-accept-additional-evidence/)

**Published:** April 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

In an unpublished opinion, the Sixth Circuit Court of Appeals held in Waldman v. Stone that a district court is not required to receive additional evidence when reviewing a bankruptcy court’s proposed findings of fact and conclusions of law. Waldman had argued that, under Fed. R. Bankr. P. 9033(d), the district court was required to receive additional evidence when conducting a de novo review of the bankruptcy court’s findings. The Sixth Circuit disagreed, holding that the language of the rule is permissive and that the district court may, but is not required to, accept additional evidence when conducting a de novo review. The Sixth Circuit also held that a de novo review by a district court may be accomplished by either a review “upon the record” or “after additional evidence” and that the choice of method to employ is left to the discretion of the district court. The case citation is: Waldman v. Stone, 2015 U.S. App. LEXIS 4668 (6th Cir. 2015).

**Categories:** Practice Updates

**Tags:** Courts

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### [Court Holds Chapter 11 Professional Fees not Subject to Disgorgement Despite Insolvency of Converted Chapter 7 Estate](https://wolfsonbolton.com/news-updates/2015/march/court-holds-chapter-11-professional-fees-not-subject-to-disgorgement-despite-insolvency-of-converted-chapter-7-estate/)

**Published:** March 6, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

The court in In re Headlee Mgmt. Corp., 519 B.R. 452 (Bankr. S.D.N.Y. 2014) refused to order disgorgement of interim fees paid to Chapter 11 professionals where the debtor’s estate was insolvent on conversion to Chapter 7. The Chapter 11 professionals were paid interim fees before the case was converted to Chapter 7. The Chapter 7 trustee moved to disgorge those interim fees, relying solely on the administrative insolvency of the Chapter 7 estate. The United States Trustee supported the disgorgement motion. The court noted that the Bankruptcy Code has a comprehensive system for the recovery of assets by the trustee, including specific provisions for the recovery of postpetition transfers and for the recovery of interim fees. Finding that the professional fees at issue were both postpetition transfers and interim fees, the court held that disgorgement of the interim Chapter 11 professional fees was not authorized by the Bankruptcy Code. The court disagreed with the Sixth Circuit’s statutory analysis in Specker Motor Sales Co. v. Eisen, 393 F.3d 659 (6th Cir. 2004) (finding disgorgement of interim fees in similar circumstances mandatory), questioned Specker Motor’s continuing validity in light of recent Supreme Court precedent, and noted that “the absolute pro rata distribution contemplated by Specker Motors is not even possible.” Id. at 459

**Categories:** Practice Updates

**Tags:** Courts

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### [Seventh Circuit Holds Free Exercise of Religion Is Not a Shield against Avoidance Actions](https://wolfsonbolton.com/news-updates/2015/march/seventh-circuit-holds-free-exercise-of-religion-is-not-a-shield-against-avoidance-actions/)

**Published:** March 2, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

The Seventh Circuit Court of Appeals held that the First Amendment and the Religious Freedom Restoration Act (RFRA) do not protect religious organizations from avoidance actions brought by unsecured creditors’ committees. Listecki v. Official Committee of Unsecured Creditors, Nos. 13-2881 et al, 2015 U.S. App. LEXIS 3669 (7th Cir. 2015). Before the Archdiocese of Milwaukee filed its Chapter 11 bankruptcy petition, it transferred $55 million from the Archdiocese’s general accounts to a trust earmarked for maintaining Milwaukee area cemeteries. After the bankruptcy filing, the Archbishop, as trustee, filed a declaratory judgment action seeking to protect the trust funds from avoidance actions. The Archbishop argued that any claim by the Debtor or Committee to recover the trust funds would impose a substantial burden on his religious beliefs in violation of his free exercise rights under the First Amendment and the RFRA. The Bankruptcy Court granted a motion brought by the Committee and dismissed the First Amendment and RFRA claims. The District Court reversed, finding that recovery claims would substantially burden the Archbishop’s free exercise of religion under the First Amendment and RFRA, and that the Committee was acting under color of law for purposes of the RFRA. On appeal, the Seventh Circuit first determined that the RFRA is not applicable if the government is not a party. The Seventh Circuit then reversed the District Court’s finding that the Committee was acting as the government under color of law under the RFRA. Although the Committee is formed by the United States Trustee’s Office and is subject in some ways to oversight by both the U.S. Trustee and the Bankruptcy Court, the Seventh Circuit determined that the Committee represents and owes a fiduciary duty to private unsecured creditors, not to any governmental actor. For the same reason, the Committee is not performing a traditional public function — the Committee can be adverse to the U.S. Trustee when representing the creditors’ interests. Similarly, the Committee did not become a public actor by obtaining derivative standing to bring avoidance actions on behalf of the Debtor-in-possession — prosecution of avoidance actions is not traditionally a government function whether performed by a debtor or a committee. Because the Committee is not a governmental actor, the RFRA does not apply. The Seventh Circuit also dismissed the Archbishop’s claims that the First Amendment’s Free Exercise clause protected the funds from Committee actions even if the Committee was not acting under color of law. The Court agreed that the Free Exercise Clause applies, but that it did not protect the trust funds because the bankruptcy code’s avoidance provisions serve a compelling government interest and are sufficiently narrowly tailored to achieve that interest. Even if the avoidance provisions impose an undue burden on the Archbishop’s religious practice, the Committee’s compelling governmental interest in protecting creditors overcomes that burden under the Seventh Circuit’s balancing test. Therefore, neither the First Amendment nor the RFRA apply to protect transfers by religious institutions from avoidance actions under the Bankruptcy Code.

**Categories:** Practice Updates

**Tags:** Courts

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### [Reorganization Plan Discharging Debtor Did Not Discharge Obligations of Guarantors](https://wolfsonbolton.com/news-updates/2015/february/reorganization-plan-discharging-debtor-did-not-discharge-obligations-of-guarantors/)

**Published:** February 4, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals recently addressed the obligations of guarantors in connection with a bankruptcy discharge. In Talmer West Bank v. Stewart, Nos. 316678; 317420 (Mich. Ct. App. December 11, 2014), the bankruptcy court had confirmed a reorganization plan discharging the debtor of certain loan repayment obligations. The lender later filed a complaint in Kalamazoo County Circuit Court against the guarantors on the loan seeking repayment. The trial court entered a judgment against the guarantors for the full amount of the repayment obligations, and the Court of Appeals affirmed the judgment. The Court stated, “Generally, ‘\[t\]he discharge of a debtor in bankruptcy does not discharge the obligations of guarantors.'” The guaranty is only discharged if the guarantor’s discharge is “accepted and confirmed as an integral part of reorganization.” The Court found nothing in the plain language of the reorganization plan expressly indicating the guaranties were discharged and, therefore, the obligations remained intact. The Court’s opinion is a strong reminder that guarantors’ silence during bankruptcy proceedings may have consequences long after plan confirmation.

**Categories:** Practice Updates

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### [Potential Chilling Effect Not Enough to Deny Right to Credit Bid](https://wolfsonbolton.com/news-updates/2015/january/potential-chilling-effect-not-enough-to-deny-right-to-credit-bid/)

**Published:** January 2, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

In Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank, N.A. (In re Motors Liquidation Co.), No. 13-2187 (2d Cir. Jan. 21, 2015), the Second Circuit Court of Appeals held that a clerical error rendered a syndicate of lenders, including JP Morgan, unsecured on a $1.5 billion loan to GM. A syndicate of lenders made loans to GM in two transactions: one in which GM was given $300 million in exchange for liens on twelve pieces of real estate, and another in which GM was given $1.5 billion in exchange for security interests in a large number of GM’s assets, including all of GM’s equipment and fixtures at forty-two facilities throughout the U.S. As the $300 million loan reached maturity, GM contacted Mayer Brown, GM’s counsel, and JP Morgan, the secured party of record, and explained that GM sought to repay the loan and release the liens on its property. Mayer Brown drafted a release. The release also mistakenly terminated JP Morgan’s security interests under the $1.5 billion loan. Mayer Brown, JP Morgan, and its counsel, Simpson Thacher & Bartlett LLP, did not notice the error, and the release was filed with the authorization of JP Morgan. When GM filed for chapter 11 relief, its official committee of unsecured creditors brought an action to determine whether the release effectively terminated JP Morgan’s interests under the $1.5 billion loan. The Second Circuit ruled that it did, holding that even though JP Morgan did not subjectively intend to release its interests under the $1.5 billion loan, the objective act of filing the release with JP Morgan’s authorization was sufficient to terminate JP Morgan’s interests. This error terminated JP Morgan’s interests in GM’s equipment and fixtures at forty-two facilities throughout the U.S., rendering JP Morgan an unsecured creditor in GM’s bankruptcy case.

**Categories:** Practice Updates

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### [Delaware Bankruptcy Court Dismisses Chapter 11 Filed As A Litigation Tactic](https://wolfsonbolton.com/news-updates/2015/january/delaware-bankruptcy-court-dismisses-chapter-11-filed-as-a-litigation-tactic/)

**Published:** January 1, 2015
**Author:** Wolfson Bolton Kochis

**Content:**

In In re Derma Pen, LLC, the United States Bankruptcy Court for the District of Delaware dismissed a chapter 11 bankruptcy that lacked a good faith attempt to reorganize or preserve value for creditors and was determined to have been filed as a litigation tactic. The debtor, a provider of micro needling and skin treatment devices and systems, had commenced a chapter 11 bankruptcy following entry of adverse summary judgment orders against it in Utah District Court. The United States Trustee and the defendants in the Utah District Court litigation filed motions to dismiss Derma Pen’s bankruptcy, claiming that it was commenced as a litigation tactic. In dismissing the case, the Bankruptcy Court held that debtor was not in financial distress at the time of its filing, the filing was actually an improper attempt to re-start litigation with the Utah District Court defendants related to contract and trademark claims, and that Derma Pen’s desire to take advantage of an 11 U.S.C. 363 asset sale and 11 U.S.C. 365 contract rejection were not sufficient justifications to transform Debtor’s bad faith filing into a good faith filing.

**Categories:** Practice Updates

**Tags:** Courts

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### [Payments for Living Expenses No Bar to Actual and Constructive Fraud Claims](https://wolfsonbolton.com/news-updates/2014/december/payments-for-living-expenses-no-bar-to-actual-and-constructive-fraud-claims/)

**Published:** December 1, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

In Dillard v. Schlussel, No. 315485, 2014 Mich. App. LEXIS 1985, at \*1 (Mich. Ct. App. Oct. 21, 2014), the Michigan Court of Appeals held that “a debtor’s transfer of assets for the purpose of paying the debtor’s ordinary household expenses \[did not\] immunize the transfers from challenge under the MUFTA.” Dillard stemmed from a creditor’s efforts to collect on a judgment rendered against Schlussel. During discovery, the creditor learned that Schlussel endorsed approximately $1,540,000 worth of checks to his wife, who would deposit the checks into a personal account and use the funds to pay for living expenses. The creditor subsequently sued Schlussel under the Michigan Uniform Fraudulent Transfer Act for actual and constructive fraud. Citing Sixth Circuit precedent, the circuit court granted summary disposition in favor of Schlussel, holding that the use of the funds to pay for living expenses provided reasonably equivalent value to Schlussel and thus barred the creditor’s claims. On appeal, the Michigan Court of Appeals reversed. In addition to holding that the creditor’s actual fraud claim should be decided by a jury, the appellate court held that the payments from Schlussel to his wife for household expenses did not automatically trump the creditor’s constructive fraud claim. “If it did, the MUFTA would be a useless waste of ink and paper, as every debtor would simply transfer any cash in his possession to a covert account, spend it freely, and thereby avoid liability on a court-entered judgment.” Id. at \*40. Yet, while not a complete defense, the appellate court also held that the finder of fact would have to decide whether Schlussel received reasonably equivalent value when his wife made the payments. Accordingly, the case was remanded for further proceedings.

**Categories:** Practice Updates

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### [In Dillard v. Schlussel, No. 315485, 2014 Mich. App. LEXIS 1985, at *1 (Mich. Ct. App. Oct. 21, 2014), the Michigan Court of Appeals held that "a debtor's transfer of assets for the purpose of paying the debtor's ordinary household expenses [did not] immun](https://wolfsonbolton.com/news-updates/2014/december/in-dillard-v-schlussel-no-315485-2014-mich-app-lexis-1985-at-1-mich-ct-app-oct-21-2014-the-michigan-court-of-appeals-held-that-a-debtors-transfer-of-assets-for-the-purpose-of-paying/)

**Published:** December 1, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

In Dillard v. Schlussel, No. 315485, 2014 Mich. App. LEXIS 1985, at \*1 (Mich. Ct. App. Oct. 21, 2014), the Michigan Court of Appeals held that “a debtor’s transfer of assets for the purpose of paying the debtor’s ordinary household expenses \[did not\] immunize the transfers from challenge under the MUFTA.” Dillard stemmed from a creditor’s efforts to collect on a judgment rendered against Schlussel. During discovery, the creditor learned that Schlussel endorsed approximately $1,540,000 worth of checks to his wife, who would deposit the checks into a personal account and use the funds to pay for living expenses. The creditor subsequently sued Schlussel under the Michigan Uniform Fraudulent Transfer Act for actual and constructive fraud. Citing Sixth Circuit precedent, the circuit court granted summary disposition in favor of Schlussel, holding that the use of the funds to pay for living expenses provided reasonably equivalent value to Schlussel and thus barred the creditor’s claims. On appeal, the Michigan Court of Appeals reversed. In addition to holding that the creditor’s actual fraud claim should be decided by a jury, the appellate court held that the payments from Schlussel to his wife for household expenses did not automatically trump the creditor’s constructive fraud claim. “If it did, the MUFTA would be a useless waste of ink and paper, as every debtor would simply transfer any cash in his possession to a covert account, spend it freely, and thereby avoid liability on a court-entered judgment.” Id. at \*40. Yet, while not a complete defense, the appellate court also held that the finder of fact would have to decide whether Schlussel received reasonably equivalent value when his wife made the payments. Accordingly, the case was remanded for further proceedings.

**Categories:** Practice Updates

**Tags:** Courts

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### [State Court "Penalty" Default Judgment Entitled to Preclusive Effect](https://wolfsonbolton.com/news-updates/2014/october/state-court-penalty-default-judgment-entitled-to-preclusive-effect/)

**Published:** October 1, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

In Anderson v. Fisher (In re Anderson), No. 14-08007, 2014 Bankr. LEXIS 3908 (B.A.P. 6th Cir. Sept. 15, 2014), the Sixth Circuit Bankruptcy Appellate Panel upheld a Tennessee bankruptcy court’s decision entitling a state court “penalty” default judgment to preclusive effect. The decision stemmed from a Tennessee state court order granting a default judgment as a penalty against the debtors for repeated refusals to comply with court orders regarding discovery. After the debtors filed for chapter 7 relief, the prevailing party in state court sought a non-dischargeability determination of the state court judgment, arguing, through a motion for summary judgment, that the state court order was entitled to preclusive effect under the doctrine of collateral estoppel. The Sixth Circuit Bankruptcy Appellate Panel, in upholding the bankruptcy court’s decision, first noted that whether to give preclusive effect to a state court default judgment depends on state law. Tennessee state courts have not addressed whether a penalty default judgment is entitled to preclusive effect. However, “true” default judgments are given preclusive effect by Tennessee state courts. Furthermore, the panel held, the amount of participation in the state court case by the debtors was similar to an earlier Sixth Circuit case in which a Tennessee default judgment was given preclusive effect. Thus, the panel reasoned that—if presented with the issue—a Tennessee state court would likely give a penalty default judgment preclusive effect.

**Categories:** Practice Updates

**Tags:** Courts

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### [Secured Creditor’s Right to Credit Bid Capped](https://wolfsonbolton.com/news-updates/2014/september/secured-creditors-right-to-credit-bid-capped/)

**Published:** September 1, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Bankruptcy Court for the Eastern District of Virginia held that a secured creditor’s right to credit bid was capped because of, among other things, its aggressive tactics. The case involved the purchase of a $50 million secured loan originally made by Branch Banking and Trust to Free Lance-Star, a family-owned publishing, newspaper, radio and communications company. DSP Acquisition, LLC was formed by a Sandton Capital Partners, a private equity fund, to execute on its loan-to-own strategy. After finding that DSP did not have lien on all of the assets it proposed to credit bid on, and that DSP’s “overly zealous loan-to-own strategy” had a negative impact on the auction process, the In re Free Lance-Star Publ’g Co., 2014 Bankr. LEXIS 1611 (Bankr. E.D. Va. Apr. 14, 2014) court capped DSP’s right to credit bid at $13.9 million, significantly less than the $39 million that DSP claimed. In its analysis, the court recognized the important safeguard provided to secured creditors by 11 U.S.C. 363(k), but also stated that credit bidding was “not an absolute right.” The combination of DSP’s inequitable conduct and less than fully-secured lien status led the court to conclude that limiting its credit bid would best serve the bidding process and ultimately increase the realized value for the assets.

**Categories:** Practice Updates

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### [No Right to Jury Trial in Michigan Shareholder Oppression Actions](https://wolfsonbolton.com/news-updates/2014/august/no-right-to-jury-trial-in-michigan-shareholder-oppression-actions/)

**Published:** August 1, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

In Madugula v. Taub, 2014 Mich. LEXIS 1281 (Mich. July 15, 2014), the Michigan Supreme Court held that parties do not have a right to a jury trial in actions for shareholder oppression; rather, such claims must be heard by a court sitting in equity. The court reached its decision by determining that neither the shareholder oppression statute, MCL 450.1489, nor the Michigan Constitution provides for the right. Indeed, the statute itself does not explicitly mention jury trials, but instead permits a court to “make an order or grant of relief as it considers appropriate.” Although such relief may come in the form of money damages—a remedy normally awarded by a jury—the broad discretion of the circuit court to fashion any relief reflects the equitable nature of the claim: claims of which are normally decided by a judge. Like the statute, the Michigan Constitution also precludes the right to a jury trial in shareholder oppression actions. While Article 1, 14 states that “\[t\]he right of trial by jury shall remain,” the provision only extends to claims that are similar to claims that were traditionally tried before a jury at the time the 1963 Constitution was adopted. A shareholder oppression action, according to the court, is comparable to a shareholder derivative claim and a corporate dissolution claim, both of which are equitable in nature and decided by judges. Thus, without a statutory or constitutional basis granting the right, the court concluded that the right to a jury trial does not exist in shareholder oppression actions and that such claims must be heard by a court sitting in equity.

**Categories:** Practice Updates

---

### [Fourth Circuit Strikes Plan’s Non-Consensual Third-Party Release](https://wolfsonbolton.com/news-updates/2014/july/fourth-circuit-strikes-plans-non-consensual-third-party-release/)

**Published:** July 1, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

The Fourth Circuit Court of Appeals, in National Heritage Foundation v. Highbourne Foundation, 2014 U.S. App. LEXIS 12144 (4th Cir. June 27, 2014), recently held a Chapter 11 plan’s non-consensual, third party release of non-debtors invalid because the release lacked adequate factual support. The court applied the Sixth Circuit’s test for non-debtor releases from Class Five Nevada Claimants v. Dow Corning Corp. (In re Dow Corning Corp), 280 F.3d 648, 658 (6th Cir. 2002) and struck the release of the debtor’s officers and directors. Finding that only one Dow Corning factor — the identity of interests between the debtor and the Released Parties due to an expansive indemnity provision — had been met, the Fourth Circuit held that the debtor had not established “exceptional circumstances” justifying the non-debtor release. “\[A\]n indemnity obligation is not, by itself, sufficient to justify a non-debtor release. If it were, third party releases would be the norm, not the exception, in Chapter 11 cases.” The court advised that a debtor need not demonstrate that every Dow Corning factor weighs in its favor to obtain approval of a non-debtor release, but warned that adequate factual support must be shown to warrant such “exceptional relief.”

**Categories:** Practice Updates

**Tags:** Courts

---

### [Supreme Court Rules Bankruptcy Courts Can Adjudicate Stern Claims Subject To District Court Review](https://wolfsonbolton.com/news-updates/2014/june/supreme-court-rules-bankruptcy-courts-can-adjudicate-stern-claims-subject-to-district-court-review/)

**Published:** June 5, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

In Exec. Benefits Ins. Agency v. Arkison, Chapter 7 Tr. of Estate of Bellingham Ins. Agency, Inc., 573 U.S. \_\_\_, (2014), the United States Supreme Court held that claims designated for final adjudication in the bankruptcy court as a statutory matter, but prohibited from proceeding in that way as a constitutional matter (i.e., Stern claims), may be adjudicated by a bankruptcy court subject to district court review. Peter Arkison, the trustee for Bellingham Insurance Agency, filed a complaint against Executive Benefits Insurance Agency alleging fraudulent conveyance of assets from Bellingham to Executive Benefits. The parties agreed that this was a Stern claim, and the Court held this type of claim may be heard by a bankruptcy court issuing proposed findings of fact and conclusions of law subject to district court de novo review. The Court held that the fraudulent conveyance claims at issue in Bellingham were granted appropriate review by an Article III court when a district court reviewed the case de novo and entered a judgment separate from the bankruptcy court’s order.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Michigan Court of Appeals Overrides Express Contract Language by Creating "Gap Filler"](https://wolfsonbolton.com/news-updates/2014/june/michigan-court-of-appeals-overrides-express-contract-language-by-creating-gap-filler/)

**Published:** June 4, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals recently held that courts may create a “gap filler” that reaches a result contrary to a contract’s terms. In Martlew v. City of Benton Harbor, et al. (Case No. 311897, May 1, 2014), the plaintiff entered into a contract with the City of Benton Harbor for the provision of services related to building inspections. The contract indicated that the plaintiff would receive payment only upon the completion of specific milestones. The contract also authorized the city to terminate the contract upon 30 days’ notice at any time. The city terminated the contract in accordance with this provision before the plaintiff had reached any of the milestones triggering payment. The Court of Appeals found that the contract’s terms were unambiguous; no payment was required under the plain terms. Nevertheless, it held that the plaintiff was entitled to the prorated value of work performed despite failing to reach any of the payment triggers outlined in the contract. The court reasoned that the contract was “incomplete” because it failed to describe how the city would pay plaintiff if it terminated the contract before a milestone was reached. “\[W\]hen a contract is incomplete because it fails to provide for a contingency, courts . . . may supply constructive conditions or ‘gap fillers’ to avoid failure for indefiniteness.” Parties drafting commercial contracts should be mindful of this decision; it is possible for a court to create new terms outside of the contract’s plain language. Courts are less likely to add such “gap fillers” if the parties expressly address foreseeable contingencies in the contract’s terms.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Michigan Court of Appeals Refuses to Enforce Photocopied Promissory Note](https://wolfsonbolton.com/news-updates/2014/june/michigan-court-of-appeals-refuses-to-enforce-photocopied-promissory-note/)

**Published:** June 2, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

In an unpublished opinion, the Michigan Court of Appeals in Shaya v. Karam, et. al, Case No. 308905, refused to allow plaintiffs to enforce a promissory note because plaintiffs possessed only a photocopy of the note. Plaintiffs had taken their interest in the promissory note via an allonge from the original holder of the promissory note, but the Court of Appeals held that the allonge was not a valid endorsement of a negotiable instrument because it was not affixed to the original note (only a photocopy of the original note) as required by MCL 440.3204(1). Further, plaintiffs were not holders in due course of the note under MCL 440.3301 because there was no evidence that the original note was transferred to plaintiffs’ possession.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Sixth Circuit Holds Bank’s Loss Payee Coverage Derivative](https://wolfsonbolton.com/news-updates/2014/may/sixth-circuit-holds-banks-loss-payee-coverage-derivative/)

**Published:** May 5, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Court of Appeals for the Sixth Circuit in Westfield Ins. Co. v. Talmer Bancorp, 545 Fed. Appx. 402 (6th Cir. Oct. 30, 2013) held that a secured party’s insurance coverage rights under a loss payee provision are derivative of its borrower, and thus were extinguished when the borrower admitted fraud. The secured lender, Talmer Bancorp, Inc. (successor to People’s State Bank), made a loan to Milan 2000 Furnishings, Ltd. that was secured by real estate and business inventory. In March 2008, Milan stated that burglars had vandalized the real property and stolen the business’s inventory. Milan made a claim with its insurance carrier, Westfield Insurance Company, and submitted a fraudulent proof of loss when it failed to divulge that the inventory was subject to a security interest in favor of Talmer. Westfield paid the proceeds of the inventory loss to Milan. Talmer requested that the check be reissued to include Talmer as a joint payee. Westfield refused to reissue the check and filed a declaratory judgment action. The district court ruled in favor of Westfield, and Talmer appealed. On appeal, the Sixth Circuit held that Milan voided its coverage under the policy’s terms when it falsified the proof of loss. The court also held that Talmer’s rights were derivative and that Talmer had no independent right of recovery. Because of Milan’s breach of the terms of its insurance policy, Talmer was foreclosed from receiving any of the insurance proceeds.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Sixth Circuit Holds Individual Chapter 11 Debtors Remain Subject to the Absolute Priority Rule](https://wolfsonbolton.com/news-updates/2014/may/sixth-circuit-holds-individual-chapter-11-debtors-remain-subject-to-the-absolute-priority-rule/)

**Published:** May 2, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

In a direct appeal from the bankruptcy court, the Sixth Circuit reversed the bankruptcy court’s confirmation of an individual’s chapter 11 plan of reorganization and held that the plan must satisfy the absolute priority rule. Ice House Am. v. Cardin, \_\_\_ F.3d \_\_\_, 2014 U.S. App. LEXIS 8882, Case No. 13-5764 (May 13, 2014). The absolute priority rule, as applied in an individual chapter 11 case, requires that the debtor may retain property of the estate after confirmation of a plan only if all classes of unsecured creditors consent, or if all non-consenting classes are to be paid in full under the plan. 11 U.S.C. 1129(b)(2)(B)(ii). The Court determined that a 2005 revision to section 1129 of the Bankruptcy Code does create an exception to the absolute priority rule, but ruled that this exception is limited to the debtor’s post-petition earnings referenced in section 1115 and does not extend to any assets the debtor owned before the bankruptcy filing. The Sixth Circuit now joins the Fourth, Fifth, and Tenth in holding that individual chapter 11 debtors remain subject to the absolute priority rule. The Sixth Circuit acknowledged that this ruling places individual chapter 11 debtors at a disadvantage compared to chapter 13 debtors who are not subject to the absolute priority rule, but refused to permit this policy argument to influence its interpretation of Congress’ language.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Sixth Circuit Holds Bankruptcy Court Has Constitutional Authority to Enter Final Judgment in Non-Discharge Action](https://wolfsonbolton.com/news-updates/2014/may/sixth-circuit-holds-bankruptcy-court-has-constitutional-authority-to-enter-final-judgment-in-non-discharge-action/)

**Published:** May 1, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

In Hart v. Southern Heritage Bank, Case No. 13-6188 (April 28, 2014), the United States Court of Appeals for the Sixth Circuit held that a Bankruptcy Court for the Eastern District of Tennessee had constitutional authority to enter a final monetary judgment in a case under 11 U.S.C. section 523. The decision addressed the parameters of the U.S. Supreme Court’s decision in Stern v. Marshall, 131 S. Ct. 2594 (2011). The Court distinguished the case from Stern in two ways. First, the Court held that the Bank’s claim against the Debtor arises specifically in bankruptcy (the discharge of a particular debt), and second, the Bank’s non-discharge claim was resolvable by ruling on the Bank’s proof of claim.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Michigan Court of Appeals Refuses to Enforce Contract on Public Policy Grounds](https://wolfsonbolton.com/news-updates/2014/march/michigan-court-of-appeals-refuses-to-enforce-contract-on-public-policy-grounds/)

**Published:** March 4, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals recently issued a rare opinion refusing to enforce a contract on public policy grounds. In Ammori v. Nafso (Case No. 312498, January 28, 2014), the parties entered into an otherwise valid oral agreement to divide ownership of a limited liability company in an effort to avoid the obligations of a separate non-compete agreement. The Court of Appeals quoted an 1877 court decision stating, “When parties associate for an unlawful purpose, they must calculate in advance the probabilities of bad faith towards each other, and must expect no assistance of the law against each other’s frauds.” The Court held that the parties’ contract represented an agreement to defraud a third party, and was, therefore, unenforceable as a matter of public policy. This decision is a strong reminder to contracting parties and third parties to look beyond an agreement’s terms in some circumstances and consider whether the contract’s objectives are enforceable.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Michigan Court of Appeals Holds “Outbidding and Outmaneuvering” Does Not Constitute Tortious Interference](https://wolfsonbolton.com/news-updates/2014/march/michigan-court-of-appeals-holds-outbidding-and-outmaneuvering-does-not-constitute-tortious-interference/)

**Published:** March 3, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

The Michigan Court of Appeals reversed a circuit court judgment on tortious interference and remanded for entry of a judgment of no cause of action. In Datam Manufacturing v Magna Powertrain USA(Case No. 306202, February 13, 2014), Magna competed with plaintiff Datam to purchase a supplier’s inventory of unsold parts. Magna had asserted in 2007 that the supplier was contractually bound to ship the residual inventory parts to Magna, but supplier refused. The supplier then offered to sell the residual inventory parts to Datam, who in turn entered into a contract with a Magna tier one supplier who would supply the parts to Magna. Magna issued a purchase order to its tier-one supplier for the parts. In the meantime, Magna continued to negotiate directly with the supplier for the purchase of the parts, ultimately reaching an agreement with the supplier to release the parts directly to Magna. The supplier then released the parts to Magna and declined to fulfill its purchase order for the parts with Datam. Datam sued Magna for tortious interference with contract and for tortious interference with a business relationship or expectancy. The court focused on the element of the tortious interference claims requiring either a per se wrongful act that can never be justified under any circumstances or a specific, affirmative act that corroborates an unlawful purpose for the interference, noting that, “\[w\]here the defendant’s actions were motivated by legitimate business reasons, its actions would not constitute improper motive or interference.” “Mere interference for the purpose of competition is not enough.” “In other words, liability may not be predicated on the fact that the defendant ‘outbid and outmaneuvered’ the plaintiff in purchasing an item from a third party. Rather, the defendant must have done something illegal, unethical, or fraudulent.” The court held that Magna did not commit an inherently wrongful act or an affirmative act corroborating an unlawful purpose for its actions. “At most, Magna ‘outbid and outmaneuvered’ Datam in purchasing the parts from \[supplier\]; such conduct by itself fails to corroborate an improper motive.” Simply put, competition does not establish tortious interference.

**Categories:** Practice Updates

**Tags:** Courts

---

### [Filing of Unauthorized UCC Termination Statement Held Ineffective](https://wolfsonbolton.com/news-updates/2014/february/filing-of-unauthorized-ucc-termination-statement-held-ineffective-3/)

**Published:** February 3, 2014
**Author:** wbkadmin

**Content:**

The United States Bankruptcy Court for the Southern District of New York, in Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, N.A., 486 B.R. 596 (Bankr. S.D.N.Y. 2013), ruled against a creditors’ committee when the court granted summary judgment in favor of the secured parties and found that a UCC financing statement termination was not effective because the termination was unauthorized. The mistake occurred when General Motors Corporation paid off a synthetic lease and a UCC-3 termination statement was mistakenly filed terminating a UCC-1 financing statement for an unrelated $1.5 billion term loan. JPMorgan Chase Bank, N.A., agent for a syndicate of lenders for the term loan, sought summary judgment and argued that the UCC termination statement was not authorized. The court found that, although JPMorgan was provided a copy of the erroneous UCC-3 termination before the termination was filed, JPMorgan did not intend to terminate the UCC financing statement and, equally important, GM did not believe it was authorized to terminate the financing statement.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

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**Categories:** Practice Updates

---

### [Filing of Unauthorized UCC Termination Statement Held Ineffective](https://wolfsonbolton.com/news-updates/2014/february/filing-of-unauthorized-ucc-termination-statement-held-ineffective-2/)

**Published:** February 3, 2014
**Author:** Wolfson Bolton Kochis

**Content:**

The United States Bankruptcy Court for the Southern District of New York, in Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, N.A., 486 B.R. 596 (Bankr. S.D.N.Y. 2013), ruled against a creditors’ committee when the court granted summary judgment in favor of the secured parties and found that a UCC financing statement termination was not effective because the termination was unauthorized. The mistake occurred when General Motors Corporation paid off a synthetic lease and a UCC-3 termination statement was mistakenly filed terminating a UCC-1 financing statement for an unrelated $1.5 billion term loan. JPMorgan Chase Bank, N.A., agent for a syndicate of lenders for the term loan, sought summary judgment and argued that the UCC termination statement was not authorized. The court found that, although JPMorgan was provided a copy of the erroneous UCC-3 termination before the termination was filed, JPMorgan did not intend to terminate the UCC financing statement and, equally important, GM did not believe it was authorized to terminate the financing statement.

**Categories:** Practice Updates

---

### [Sixth Circuit Holds Notice to Creditor’s Attorney Insufficient to Allow Discharge of Debt](https://wolfsonbolton.com/news-updates/2013/december/sixth-circuit-holds-notice-to-creditors-attorney-insufficient-to-allow-discharge-of-debt/)

**Published:** December 2, 2013
**Author:** wbkadmin

**Content:**

A debtor in bankruptcy is required to submit a list of his or her creditors with the creditors’ names and addresses under Fed. R. Bankr. P. 1007(a). In Lampe v. Kash , 2013 U.S. App. Lexis 22704 (6th Cir 2013), the debtor (Kash) filed his bankruptcy schedules listing the notice address of a creditor (Lampe) as the creditor’s former attorney. Lampe’s attorney had stopped working for her eight years before Kash filed his bankruptcy. Lampe did not participate in Kash’s bankruptcy case and Lampe’s $25,000 judgment against Kash was discharged in the bankruptcy. Lampe appealed to the Sixth Circuit, arguing that the notice sent to her former attorney was not reasonably calculated to reach her and deprived her of her due process rights. The Sixth Circuit agreed, holding that a search for Lampe’s residential address to include on Kash’s list of creditors did not present an undue burden, and that the bankruptcy court could not discharge Lampe’s judgment because she never received adequate notice of Kash’s bankruptcy.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

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**Categories:** Practice Updates

---

### [Secured Creditor Setoff Rights Clarified in Garnishment Context](https://wolfsonbolton.com/news-updates/2013/november/secured-creditor-setoff-rights-clarified-in-garnishment-context/)

**Published:** November 8, 2013
**Author:** wbkadmin

**Content:**

The Michigan Court of Appeals, in a 2-1 panel decision, gave some clarity to a question bank lawyers have litigated in Michigan trial courts for years: whether a garnishee bank can trump the garnishing creditor of a bank’s borrower by claiming — versus actually taking — a setoff against funds held on deposit. The court held that claiming the right of setoff in response to the garnishment is sufficient. The case is Ladd v. Motor City Plastics Co., 2013 Mich. App. Lexis 1773 (October 31, 2013). The court held that the garnishee-bank was not required to exercise its right of setoff or to seize the funds in the defendant’s deposit accounts to deny the release of funds under the plaintiff’s writ of garnishment. In reaching its decision, the court focused on the language of the Michigan Court Rule governing garnishments and the rule’s requirement that a garnishee file a disclosure setting forth “any setoff that the garnishee would have against the \[judgment debtor\] . . . .” (Emphasis in original). The court also held that the bank did not waive its right to a setoff or its perfected security interest in the deposit accounts by authorizing defendant to continue to withdraw account funds.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

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**Categories:** Practice Updates

---

### [Junior Creditor’s Assignment of Voting Rights Enforceable in Bankruptcy](https://wolfsonbolton.com/news-updates/2013/november/junior-creditors-assignment-of-voting-rights-enforceable-in-bankruptcy/)

**Published:** November 4, 2013
**Author:** wbkadmin

**Content:**

The United States District Court for the District of New Jersey upheld the Bankruptcy Court’s ruling that a junior creditor’s assignment of voting rights to a senior creditor under an intercreditor agreement is enforceable in bankruptcy. In In re Coastal Broadcasting Systems, Inc., 2013 U.S. Dist. Lexis 91469 (June 28, 2013), the junior creditors, who were debtor’s former shareholders, argued that their Subordination and Intercreditor Agreement’s grant of voting rights to Sturdy Savings Bank was not enforceable, and the plan of reorganization should not be confirmed under 11 U.S.C. 1129(a). The Court found that the agreement was enforceable in accordance with its terms under applicable nonbankruptcy law, and thus enforceable under 11 U.S.C. 510(a). The court also held that the assignment of voting rights did not violate public policy, dismissing appellant’s analogy to a debtor’s pre-petition waiver of the automatic stay. Finally, the Court dismissed the argument that the assignment conflicted with Bankruptcy Rule 3018, reasoning that Sturdy was a “creditor” for voting purposes, and, even if it did not qualify as a creditor, Sturdy would qualify as an authorized agent. Based upon this reasoning, and Sturdy’s deemed acceptance of the plan of reorganization, the Court affirmed the Bankruptcy Court’s confirmation of the plan under 11 U.S.C. 1129(a).

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

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**Categories:** Practice Updates

---

### [Groeb Farms, Inc. Files Chapter 11 Bankruptcy, Pursues Quick Sale to Private Equity Firm](https://wolfsonbolton.com/news-updates/2013/october/groeb-farms-inc-files-chapter-11-bankruptcy-pursues-quick-sale-to-private-equity-firm/)

**Published:** October 2, 2013
**Author:** wbkadmin

**Content:**

Groeb Farms, Inc., a honey processor and producer of industrial sweeteners headquartered in Onsted, MI, filed a Chapter 11 bankruptcy petition on October 1, 2013. The U.S. Department of Justice accused Groeb Farms of evading anti-dumping duties on honey imported from China. Although Groeb Farms was able to settle these allegations through payment of a $2 million fine and other penalties, related class action lawsuits along with more than $12 million in losses in 2011 and 2012 forced Groeb Farms to seek bankruptcy court protection. Before the bankruptcy filing, Groeb Farms agreed to a purchase agreement with Honey Financing Company, an affiliate of Peak Rock Capital. Groeb Farms also reached pre-filing agreements with its secured lenders (which included the purchase of senior secured debt by Honey Financing) and with counsel for the class action plaintiffs. On the first day of the bankruptcy case, in addition to all the typical first day motions, Groeb Farms filed its Disclosure Statement attaching a proposed Plan of Reorganization. Under the Plan, Honey Financing would receive 100% of the equity of Groeb Farms by a partial conversion of debt to equity. The Plan proposes paying unsecured trade creditors forty percent recovery of their unsecured claims over time, but only if Groeb Farms and the creditor enter into a continuing trade agreement subject to Groeb Farms’ terms. The Plan proposes establishing a trust to pursue lawsuits with initial seed money of $50,000. All general unsecured creditors, and any trade creditor that does not receive a continuing trade agreement, would share the net proceeds, if any, from the trust. Groeb Farms and Peak Rock Capital are seeking expedited approval of the sale and related agreements through confirmation of the Plan by the Bankruptcy Court — they have requested that the confirmation hearing be held before the end of 2013. The Bankruptcy Court has accommodated the debtor’s request for expedited proceedings, scheduling expedited hearings, and entering a November 4, 2013 bar date for all proofs of claims and motions for payment of pre-petition administrative expense claims.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

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**Categories:** Practice Updates

---

### [Court Confirms Secured Creditor’s Right to Purchase Collateral at Article 9 Sale](https://wolfsonbolton.com/news-updates/2013/october/court-confirms-secured-creditors-right-to-purchase-collateral-at-article-9-sale/)

**Published:** October 1, 2013
**Author:** wbkadmin

**Content:**

In Edgewater Growth Capital Partners LP v. H.I.G. Capital, Inc., 68 A.3d 197 (Del. Ch. 2013), the Delaware Court of Chancery upheld the sale of a borrower’s assets to an entity related to borrower’s secured creditor, finding that the assets were sold via a public auction under Article 9 of the Uniform Commercial Code and not a private sale. The court also found that all aspects of the sale were commercially reasonable. Pendum LLC, an ATM repair and servicing company, was a borrower under a $70 million syndicated loan secured by a lien on all of Pendum’s assets. Edgewater was a limited guarantor of Pendum’s obligations. Following Pendum’s default, Pendum and the lending syndicate led by HIG Capital entered into a foreclosure sale agreement (“Foreclosure Agreement”). The Foreclosure Agreement allowed Pendum 55 days to find a buyer for its assets and provided funds for a financial advisor to assist Pendum in Pendum’s sale efforts. Despite contacting over 60 potential suitors, Pendum was unable to find a buyer. HIG Capital proceeded to conduct a public auction under Section 9-610 of the UCC and complied with Article 9’s notice requirements. The only bidder was an affiliate of HIG Capital who bid $41 million and agreed to assume $50 million of Pendum’s liabilities. HIG Capital then demanded payment under Edgewater’s guaranty in the amount of $4 million. Edgewater objected and sued HIG Capital claiming that, because Pendum had entered into the Foreclosure Agreement, the sale was an impermissible private sale that violated Section 9-610(c) of the UCC. Edgewater also argued that, even if the sale were held public, the sale was not performed in a commercially reasonable manner because there was limited advertising and only a form notice was sent to potential bidders. The Delaware Court of Chancery rejected the private sale claim, reasoning that, if the court deemed this sale — where the secured party entered into an agreement that was designed to give the debtor a better chance to market itself and to find a buyer — “private,” the court would be creating counterproductive incentives for secured creditors to exercise their rights under the Uniform Commercial Code to the detriment of debtors. The court also found that the Foreclosure Agreement and Pendum’s efforts were part of the overall sale process. As a result, the court held that sale process was commercially reasonable because the process gave third parties notice and a meaningful opportunity to bid on the assets, and because HIG Capital had performed the sale in accordance with practices of financial advisors who sell distressed entities. Accordingly, the Court upheld the public sale and ordered that Edgewater pay HIG Capital under its guaranty.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

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---

### [Sixth Circuit: Denial of a Bankruptcy Reorganization Plan Is Not a Final Order](https://wolfsonbolton.com/news-updates/2013/september/sixth-circuit-denial-of-a-bankruptcy-reorganization-plan-is-not-a-final-order/)

**Published:** September 3, 2013
**Author:** wbkadmin

**Content:**

The Sixth Circuit Court of Appeals recently held that a district court’s denial of a Chapter 11 reorganization plan in bankruptcy proceedings is not a “final appealable order.” The Court began its analysis by reaffirming the general principle that a district court order remanding a case to a bankruptcy court is not final for appellate purposes unless the remand is “ministerial.” The Court then noted, “Far more than a few ministerial tasks remain to be done” after a court rejects a confirmation plan. The debtor may propose another confirmation plan or abandon the petition entirely. Additionally, any new plan may require further fact finding, and the creditors may accept the revised plan without further litigation. No order can be considered “final” before some of these decisions are made. The court also stated that if a debtor prefers immediate appellate review, the debtor may seek certification of the interlocutory order rejecting the plan. The Sixth Circuit joins four other federal circuits holding that denial of a reorganization plan is not a final order, while three other circuits have held the opposite. A widening divide among the circuits may increase the likelihood of forum shopping, and correspondingly increase the likelihood that the United States Supreme Court may eventually decide the issue. The case is In re William Edwin Lindsey (Lindsey v. Pinnacle National Bank, et al.), Case No. 12-6362 (E.D. Mich. August 13, 2013).

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

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---

### [Bankruptcy Court Rules That Pre-Petition Stay Waiver Can Be Considered In Determining "Cause" For Relief From Stay](https://wolfsonbolton.com/news-updates/2013/september/bankruptcy-court-rules-that-pre-petition-stay-waiver-can-be-considered-in-determining-cause-for-relief-from-stay/)

**Published:** September 2, 2013
**Author:** wbkadmin

**Content:**

The United States Bankruptcy Court for the Eastern District of Wisconsin held that a pre-petition stay waiver in favor of debtor’s lender is a factor to be considered in determining “cause” for relief from the automatic stay under 11 U.S.C. 362(d)(1). The case is In re 4848, LLC, 490 B.R. 343 (Bankr. E.D. Wis. 2013). Debtor 4848, LLC was a single asset real estate debtor that had filed a Chapter 11 bankruptcy. Pre-petition, debtor entered into a forbearance agreement with its lender that included a stay waiver in favor of lender in the event that 4848, LLC filed for bankruptcy protection. Following debtor’s bankruptcy filing and the filing of a proposed plan of reorganization, debtor’s lender moved for relief from the automatic stay to continue foreclosure proceedings. In granting the lender’s motion for relief from the automatic stay, the Court held that while the pre-petition stay waiver is not the only consideration in determining “cause” for relief from stay, it is a factor to be considered, especially where, as here, the debtor had gained a “considerable advantage from the forbearance agreement and the waiver . . . .”

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

 wbkadmin 

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**Categories:** Practice Updates

---

### [Court Appoints Judge Rosen as Mediator in the City of Detroit Chapter 9 Bankruptcy Case](https://wolfsonbolton.com/news-updates/2013/august/court-appoints-judge-rosen-as-mediator-in-the-city-of-detroit-chapter-9-bankruptcy-case/)

**Published:** August 1, 2013
**Author:** wbkadmin

**Content:**

On August 13, 2013, the Bankruptcy Court entered Mediation Order \[Docket No. 322\] in the City of Detroit Bankruptcy Case. The Mediation Order appoints Judge Rosen, the Chief Judge of the United States District Court for the Eastern District of Michigan, mediator. The Order authorizes Judge Rosen to designate additional mediators. While mediation is non-binding, participation in the mediation process can be compulsory. The Mediation Order permits the Bankruptcy Court to refer any matter to Judge Rosen for mediation, and Judge Rosen may direct the disputing parties to engage in the mediation process.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

 wbkadmin 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbkadmin/) [    ](https://wolfsonbolton.com/news-updates/author/wbkadmin/)

**Categories:** Practice Updates

---

### [Account Stated and Open Account Actions Involving Sale of Goods Subject to Michigan’s Six-Year Limitations Period](https://wolfsonbolton.com/news-updates/2013/august/account-stated-and-open-account-actions-involving-sale-of-goods-subject-to-michigans-six-year-limitations-period/)

**Published:** August 1, 2013
**Author:** wbkadmin

**Content:**

The Michigan Supreme Court recently held that account stated and open account actions are subject to the six-year limitations period provided by MCL 600.5807(8), even when the actions are based on a debt stemming from the sale of goods. In Fisher Sand & Gravel Co. v. Neal A Sweebe, Inc., Case No. 143374 (Mich. Sup. Ct. July 30, 2013), Fisher sought payment for concrete supplies it provided to Sweebe on account. Sweebe countered that the Michigan Uniform Commercial Code’s four-year limitations period barred Fisher’s claims. The trial and appeals courts agreed with Sweebe and dismissed Fisher’s claims. The Michigan Supreme Court reversed, holding that the actions did not fall within the scope of the UCC. According to the court, the UCC’s limitations period applies only to breach of contract claims involving the sale of goods. An action on an account stated is an action to enforce a subsequent promise to pay an account. Similarly, an open account claim “is an action to collect on the single liability stemming from the parties’ credit relationship regardless of the underlying transactions comprising the account.” Neither involves the sale of goods. Accordingly, the UCC’s four-year period of limitations did not bar Fisher’s claims.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

 wbkadmin 

 [See Full Bio](https://wolfsonbolton.com/news-updates/author/wbkadmin/) [    ](https://wolfsonbolton.com/news-updates/author/wbkadmin/)

**Categories:** Practice Updates

---

### [City of Detroit Files Chapter 9 Bankruptcy](https://wolfsonbolton.com/news-updates/2013/july/city-of-detroit-files-chapter-9-bankruptcy/)

**Published:** July 1, 2013
**Author:** wbkadmin

**Content:**

The first step in the bankruptcy process requires the City to prove that it is eligible for Chapter 9 protection. Eligibility requirements include the City of Detroit proving that it is insolvent and that it has negotiated in good faith with creditors but failed to obtain an agreement to effect a plan of adjustment. If Detroit is found ineligible to have filed a Chapter 9 bankruptcy, the bankruptcy court must dismiss the case.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

 wbkadmin 

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**Categories:** Practice Updates

---

### [Sixth Circuit Holds Trustee and His Attorneys Protected by Quasi-Judicial Immunity](https://wolfsonbolton.com/news-updates/2013/june/sixth-circuit-holds-trustee-and-his-attorneys-protected-by-quasi-judicial-immunity/)

**Published:** June 1, 2013
**Author:** wbkadmin

**Content:**

The Sixth Circuit recently held that a trustee and his attorneys were protected by quasi-judicial immunity from claims of malicious prosecution and abuse of process. In Grant, Konvalinka & Harrison, PC v. Banks (In re McKenzie), Case No. 12-5874 (6th Cir. May 24, 2013), the trustee unsuccessfully brought turnover and avoidance actions against GKH. After the actions were dismissed, GKH sued the trustee, arguing that the trustee’s earlier actions were wrongfully filed and lacked a reasonable legal basis. The bankruptcy court disagreed and dismissed GKH’s claims citing immunity. On appeal, the Sixth Circuit ruled that a trustee is entitled to quasi-judicial immunity for actions taken on behalf of the estate that are within the scope of the trustee’s authority. Although the trustee may have filed the actions without a reasonable legal basis, he was acting on behalf of the estate and exercising his statutory authority when he brought the claims. Accordingly, the court affirmed the bankruptcy court’s decision.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

 wbkadmin 

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**Categories:** Practice Updates

---

### [Michigan Courts May Exercise Jurisdiction Over Businesses that Have Few In-State Contacts](https://wolfsonbolton.com/news-updates/2013/june/michigan-courts-may-exercise-jurisdiction-over-businesses-that-have-few-in-state-contacts/)

**Published:** June 1, 2013
**Author:** wbkadmin

**Content:**

The Michigan Court of Appeals recently held that Michigan courts may exercise jurisdiction over businesses that have engaged in a single past transaction in the state and that subsequently ceased doing business here. In Larsen Services, Inc v. Nova Verta USA Inc., Case No. 306280 (Mich. Ct. App. May 14, 2013), the trial court dismissed a plaintiff’s complaint for lack of jurisdiction because the defendant was located in another state, was not registered in Michigan, did not regularly conduct business in Michigan, had no employees or property in the state, and the last significant contact with Michigan occurred in 2004. However, the Michigan Court of Appeals reversed, holding that a Michigan court may exercise jurisdiction over a business that transacts any business within the state. “\[T\]he use of the term ‘any’ by our Legislature ‘establishes that even the slightest transaction is sufficient to bring a corporation within Michigan’s long-arm jurisdiction.'” In this case, two transactions with a company headquartered in Michigan several years ago allowed the court to exercise jurisdiction over the defendant. The case indicates that courts are maintaining their long jurisdictional reach in an environment with increasingly mobile business models.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

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**Categories:** Practice Updates

---

### [Detroit Emergency Manager's Report Declares City "Clearly Insolvent"](https://wolfsonbolton.com/news-updates/2013/may/detroit-emergency-managers-report-declares-city-clearly-insolvent/)

**Published:** May 1, 2013
**Author:** wbkadmin

**Content:**

The City of Detroit’s Emergency Manager, Kevyn D. Orr, submitted his Financial and Operating Plan on May 12, 2013. The Plan provides that its objectives are to ensure that Detroit is able to provide governmental services essential to the public health, safety, and welfare of its citizens and to assure the fiscal accountability and stability of the City. The report, which can be accessed through the following link, City of Detroit Financial and Operating Plan May 12, 2013 (00012913).pdf, states that Detroit “is clearly insolvent on a cash flow basis” (p. 26), and that “the City has effectively exhausted its ability to borrow” (p. 3). While Mr. Orr indicates that he “has a solid foundation from which to build a comprehensive restructuring plan for the City” (p. 1), he has previously indicated that a Chapter 9 bankruptcy filing is a possibility.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

 wbkadmin 

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**Categories:** Practice Updates

---

### [Release Given by Chapter 11 Debtor Binding on Chapter 7 Trustee](https://wolfsonbolton.com/news-updates/2013/april/release-given-by-chapter-11-debtor-binding-on-chapter-7-trustee/)

**Published:** April 1, 2013
**Author:** wbkadmin

**Content:**

In re Managed Storage International, Inc., 2012 WL 5921723 (Bankr. Del. 2012), the Delaware Bankruptcy Court held that a release given by a debtor in connection with a sale under 363 of the Bankruptcy Code was binding upon a subsequently appointed Chapter 7 bankruptcy trustee. Managed Storage International, Inc. and affiliates (“Debtors”) sold all of their assets free and clear of liens in a sale under 363 of the Bankruptcy Code. The Debtors agreed to segregate proceeds of the sale of the collateral of one of its creditors, Avnet, Inc. When the Debtors failed to segregate the proceeds, Avnet filed a motion seeking turnover of its collateral from the purchaser of the assets. Debtors settled with Avent and gave Avnet a general release. After Debtors’ cases were converted to chapter 7, the bankruptcy trustee filed a complaint against Avnet to avoid and recover over $5 million in preferences. Bankruptcy Judge Mary F. Walrath dismissed the complaint against Avnet. She held that the release given by the Debtors was binding on the chapter 7 trustee because (a) there was no “fraud, coercion, or mutual mistake” asserted by the trustee in connection with the release, (b) there was valid consideration given for the release, and (c) adequate notice of the release was provided.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

 wbkadmin 

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**Categories:** Practice Updates

---

### [Sixth Circuit Recognizes Cause of Action for Aiding and Abetting Tortious Conduct under Michigan Law](https://wolfsonbolton.com/news-updates/2013/february/sixth-circuit-recognizes-cause-of-action-for-aiding-and-abetting-tortious-conduct-under-michigan-law/)

**Published:** February 1, 2013
**Author:** wbkadmin

**Content:**

The United States District Court for the Eastern District of Michigan granted Wolfson Bolton’s client’s motions to dismiss two bankruptcy appeals. Following relief from the automatic stay in bankruptcy court, Debtor filed appeals to the District Court but never obtained a stay of proceedings. The Bank foreclosed on Debtor’s real properties and requested dismissal of the appeals on the grounds of mootness. The District Court agreed, dismissing Debtor’s two appeals because the Debtor’s failure to obtain a stay of proceeding and the Bank’s foreclosures eliminated the possibility of the District Court granting effective relief to Debtor on appeal. The case is In re: Asmar, Inc.Read a Copy of the Opinion Here The court affirmed the district court’s grant of summary judgment for Huntington Bank on the aiding and abetting a conversion claim, finding that Huntington had, at best, a strong suspicion of wrongdoing by its borrower, but no actual knowledge of its borrower’s fraud.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

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**Categories:** Practice Updates

---

### [Bankruptcy Court Holds 11 U.S.C. § 502(d) Does Not Bar Allowance of an Administrative Claim](https://wolfsonbolton.com/news-updates/2013/february/bankruptcy-court-holds-11-u-s-c-502d-does-not-bar-allowance-of-an-administrative-claim/)

**Published:** February 1, 2013
**Author:** wbkadmin

**Content:**

The Bankruptcy Court for the Eastern District of Michigan recently issued an opinion restricting the use of 11 U.S.C. 502(d) to object to and delay payment of administrative expense claims. In re Energy Conversion Devices, Inc., 2013 Bankr. LEXIS 536 (Bankr. E.D. Mich. Feb. 11, 2013). After confirmation of a liquidating plan, Ameri-Source Specialty Products filed a motion requesting allowance and immediate payment of an administrative expense under 11 U.S.C. 503(b)(9) for steel delivered to the debtor within 20 days before the bankruptcy filing. The Liquidation Trustee objected, arguing that Ameri-Source had received pre-petition preferential payments avoidable under 11 U.S.C. 547 and, therefore, the expense must be disallowed by application of 11 U.S.C. 502(d) until resolution of the preference avoidance action and payment by Ameri-Source of any resulting judgment. The Trustee further argued that, even if section 502(d) did not strictly apply to bar Ameri-Source’s administrative claim, the Bankruptcy Court should still exercise its discretion to delay payment of the administrative expense until resolution of the preference action for the purpose of protecting the liquidating bankruptcy estate from any failure or inability by Ameri-Source to pay a future judgment. Noting a split among courts, the Bankruptcy Court determined that Congress did not intend to limit allowance and payment of administrative expenses. Accordingly, the Bankruptcy Court held that section 502(d) does not bar any administrative expense, including pre-petition expenses arising under section 503(b)(9). The Bankruptcy Court also held that it had no discretion to delay payment of the administrative expense because payment was required both by the terms of the confirmed plan and by section 1129(a)(9)(A). The opinion leaves open the question whether a bankruptcy court would have discretion to delay payment of an administrative expense if there had been no confirmed plan.

 ![author avatar](https://secure.gravatar.com/avatar/d30c45b87acb31bed461cd776039731833182045106e908e0b4ace4b702efc8c?s=300&d=mm&r=g) 

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**Categories:** Practice Updates

---


## Pages

### [HOME](https://wolfsonbolton.com/)

**Published:** November 3, 2023
**Author:** wbkadmin

**Content:**

# Wolfson Bolton Kochis PLLC

Michigan’s Premier Boutique Business Law Firm

## Comprehensive Legal Solutions for Restructuring and Bankruptcy, Automotive Supply Chain, Litigation, Corporate, and Real Estate

## Legal Alerts

 ###  [ Presidential Pardon Does Not Prevent Subordination of Claim By Bankruptcy Court ](https://wolfsonbolton.com/news-updates/2026/september/presidential-pardon-does-not-prevent-subordination-of-claim-by-bankruptcy-court/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/september/presidential-pardon-does-not-prevent-subordination-of-claim-by-bankruptcy-court/) 

  ###  [ Supreme Court Rejects Mechanical Use of Judicial Estoppel for Undisclosed Bankruptcy Claims ](https://wolfsonbolton.com/news-updates/2026/july/supreme-court-rejects-mechanical-use-of-judicial-estoppel-for-undisclosed-bankruptcy-claims/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/july/supreme-court-rejects-mechanical-use-of-judicial-estoppel-for-undisclosed-bankruptcy-claims/) 

  ###  [ Releases vs. Reality: How Post-Confirmation Actions Can Undermine Chapter 11 Finality ](https://wolfsonbolton.com/news-updates/2026/may/releases-vs-reality-how-post-confirmation-actions-can-undermine-chapter-11-finality/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/may/releases-vs-reality-how-post-confirmation-actions-can-undermine-chapter-11-finality/) 

  ###  [ Shielding Commercial Speech: Michigan’s New Anti-SLAPP Law Takes Effect ](https://wolfsonbolton.com/news-updates/2026/march/shielding-commercial-speech-michigans-new-anti-slapp-law-takes-effect/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/march/shielding-commercial-speech-michigans-new-anti-slapp-law-takes-effect/) 

## Latest Firm News

 ###  [ Michelle Bass Featured in Bloomberg Law on Higher Bankruptcy Debt Limits ](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/) 

  ###  [ Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100 ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

  ###  [ Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2027 Edition; Scott A. Wolfson named a “Lawyer of the Year” ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

  ###  [ Wolfson Family Resilience Scholarship Announces 2026 Recipients ](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/)

---

### [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/)

**Published:** November 3, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» Specialized Legal Practice Areas 

# Corporate Legal Services

# Guidance and Business Solutions for Clients in Michigan and Nationwide

## Legal Guidance for Complex Corporate, Financial, Transactional, and Operational Challenges.

Wolfson Bolton Kochis provides practical, business-focused legal guidance for companies, lenders, fiduciaries, business owners, investors, and stakeholders facing complex corporate, financial, transactional, and operational issues. Based in Troy, Michigan, our attorneys help clients manage risk, complete transactions, resolve disputes, navigate financial distress, and make informed business decisions.

Our firm works with companies and decision-makers at key points in the business lifecycle, including formation, growth, financing, transactions, disputes, restructuring, and ownership transitions. Our attorneys combine legal judgment with business understanding, helping clients evaluate risk, protect value, and move forward with clarity.

## How We Help Businesses

  Corporate restructuring, bankruptcy, and distressed transactions

  Business transactions, mergers, acquisitions, and ownership transitions

  Automotive and supply chain issues

  Commercial litigation and dispute resolution

  Commercial financing, lending, and debt placement matters

  Corporate governance and outside general counsel support

  Real estate transactions and development matters

## Corporate Practice Areas

### [Restructuring & Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)

Representation for businesses, creditors, fiduciaries, and stakeholders in restructuring, bankruptcy, insolvency, and distressed transaction matters.

PRACTICE LEAD: [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/)

- [    View Restructuring & Bankruptcy ](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)

### [Automotive & Supply Chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain-lawyers/)

Legal support for automotive suppliers, manufacturers, lenders, and stakeholders facing supply chain, financial, transactional, and operational challenges.

PRACTICE LEAD: [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/)

- [    Explore Automotive & Supply Chain ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain-lawyers/)

### [Litigation](https://wolfsonbolton.com/corporate-services/litigation/)

Commercial litigation support for business disputes, insolvency-related litigation, contract matters, ownership disputes, and complex legal conflicts.

PRACTICE LEAD: [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/)

- [    Explore Litigation Services ](https://wolfsonbolton.com/corporate-services/litigation/)

### [Alternative Dispute Resolution](https://wolfsonbolton.com/corporate-services/adr-facilitation/)

Guidance for businesses, creditors, fiduciaries, and stakeholders seeking to resolve disputes efficiently through facilitation, mediation, and negotiation.

PRACTICE LEAD: [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/)

- [    Learn More About ADR / Facilitation ](https://wolfsonbolton.com/corporate-services/adr-facilitation/)

### [Finance](https://wolfsonbolton.com/corporate-services/finance/)

Representation for lenders, borrowers, and stakeholders in commercial finance, loan transactions, workouts, and related business matters.

PRACTICE LEAD: [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/)

- [    View Financial Services ](https://wolfsonbolton.com/corporate-services/finance/)

### [Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)

Legal guidance for buyers, sellers, investors, and business owners involved in acquisitions, divestitures, ownership transitions, and complex corporate transactions.

PRACTICE LEAD: [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/)

- [    Explore M&A Services ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)

### [Corporate Counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/)

Outside general counsel support for governance, contracts, risk management, business planning, and day-to-day corporate legal needs.

PRACTICE LEAD: [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/)

- [    Learn More About Corporate Counseling ](https://wolfsonbolton.com/corporate-services/corporate-counseling/)

### [Real Estate](https://wolfsonbolton.com/corporate-services/real-estate/)

Legal guidance for commercial real estate transactions, development, leasing, financing, and business-related property matters.

PRACTICE LEAD: [Thomas “Jake” Howlett](https://wolfsonbolton.com/who-we-are/thomas-j-howlett-real-estate-attorney/)

- [    View Real Estate Services ](https://wolfsonbolton.com/corporate-services/real-estate/)

### [Consumer Bankruptcy](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/)

Guidance for small business owners, individuals, and families facing debt or financial pressure, with practical support for evaluating options and pursuing stability.

PRACTICE LEAD: [Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/)

- [    Explore Consumer Bankruptcy Services ](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/)

## Why Businesses Choose Wolfson Bolton Kochis

- Business-Focused Legal Judgment

We help clients understand not only the legal issue, but also the business impact behind each decision.

- Experience Across Connected Practice Areas

Corporate issues often overlap with finance, litigation, real estate, restructuring, and regulatory concerns. Wolfson Bolton Kochis brings these perspectives together.

- Senior-Level Attention

Clients work directly with experienced attorneys who understand complex business, financial, and operational issues.

- Practical Guidance in High-Stakes Situations

Whether a client is buying a business, managing a dispute, responding to financial distress, or evaluating risk, we focus on clear guidance and actionable next steps.

## Common Issues We Help Businesses Address

   ###  My company is facing financial distress or creditor pressure. 

     Our Restructuring & Bankruptcy practice represents businesses, creditors, and stakeholders in Chapter 11 proceedings, workouts, and distressed transactions.

- [    Learn More ](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)

    ###  I need outside general counsel support. 

     Our Corporate Counseling practice provides ongoing legal guidance for governance, contracts, risk management, and day-to-day business needs.

- [    Learn More ](https://wolfsonbolton.com/corporate-services/corporate-counseling/)

    ###  I am buying or selling a business. 

     Our Mergers & Acquisitions practice guides buyers, sellers, and investors through complex transactions, due diligence, and ownership transitions.

- [    Learn More ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)

    ###  My company is involved in a business dispute. 

     Our Litigation practice handles complex commercial disputes, breach of contract claims, shareholder conflicts, and insolvency-related litigation.

- [    Learn More ](https://wolfsonbolton.com/corporate-services/litigation/)

    ###  I need help with a commercial loan, workout, or financing issue. 

     Our Finance practice represents lenders, borrowers, and stakeholders in commercial lending, loan modifications, and financial restructuring.

- [    Learn More ](https://wolfsonbolton.com/corporate-services/finance/)

    ###  I am dealing with an automotive supply chain disruption. 

     Our Automotive & Supply Chain practice advises manufacturers, suppliers, and lenders on supply chain challenges, restructuring, and industry-specific transactions.

- [    Learn More ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain-lawyers/)

## Recent News & Articles

 ## [Michelle Bass Featured in Bloomberg Law on Higher Bankruptcy Debt Limits](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/)

- October 1, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/) 

## [Presidential Pardon Does Not Prevent Subordination of Claim By Bankruptcy Court](https://wolfsonbolton.com/news-updates/2026/september/presidential-pardon-does-not-prevent-subordination-of-claim-by-bankruptcy-court/)

- September 17, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/september/presidential-pardon-does-not-prevent-subordination-of-claim-by-bankruptcy-court/) 

## [Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/)

- August 26, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

## Who We Serve

Our corporate legal services are designed for companies, owners, lenders, fiduciaries, investors, and business stakeholders who need sophisticated legal guidance with practical business judgment.

- Privately held and middle-market businesses
- Automotive suppliers and manufacturers
- Lenders and financial institutions
- Business owners and entrepreneurs
- Fiduciaries, receivers, and trustees
- Investors and strategic acquirers
- Real estate developers and owners
- Companies facing financial distress
- Professional service businesses

## Our Office

880 W. Long Lake Rd
Suite 420
Troy, MI 48098

248-247-7100

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/)

---

### [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/)

**Published:** November 7, 2023
**Author:** wbkadmin

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» Our Corporate Legal Team 

# The Wolfson Bolton Kochis Team

 [ ![Scott A. Wolfson, corporate bankruptcy and restructuring attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/scott-a-wolfson-bankruptcy-restructuring-attorney-troy-mi-headshot.jpg "Scott A. Wolfson – Corporate Bankruptcy & Restructuring Attorney") ](https://www.wolfsonbolton.com/who-we-are/scott-a-wolfson/) 

[Scott A. Wolfson](https://www.wolfsonbolton.com/who-we-are/scott-a-wolfson/)

Practice Lead – Corporate Bankruptcy & Restructuring, ADR/Facilitation

 [ ![Peter C. Bolton, automotive supply chain and corporate finance attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/peter-c-bolton-automotive-supply-chain-corporate-finance-attorney-troy-mi-headshot.jpg "Peter C. Bolton – Automotive Supply Chain & Corporate Finance Attorney") ](https://www.wolfsonbolton.com/who-we-are/peter-c-bolton/) 

[Peter C. Bolton](https://www.wolfsonbolton.com/who-we-are/peter-c-bolton/)

Practice Lead – Automotive & Supply Chain, Finance

 [ ![Anthony J. Kochis, commercial litigation attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/anthony-j-kochis-commercial-litigation-attorney-troy-mi-headshot.jpg "Anthony J. Kochis – Commercial Litigation Attorney") ](https://www.wolfsonbolton.com/who-we-are/anthony-j-kochis/) 

[Anthony J. Kochis](https://www.wolfsonbolton.com/who-we-are/anthony-j-kochis/)

Practice Lead – Litigation

 [ ![Michelle H. Bass, consumer and business bankruptcy attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/michelle-h-bass-consumer-bankruptcy-attorney-troy-mi-headshot.jpg "Michelle H. Bass – Consumer Bankruptcy Attorney") ](https://www.wolfsonbolton.com/who-we-are/michelle-h-bass/) 

[Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass/)

Practice Lead – Consumer Bankruptcy

 [ ![Thomas “Jake” Howlett, corporate real estate attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/thomas-jake-howlett-real-estate-attorney-troy-mi-headshot.jpg "Thomas “Jake” Howlett – Real Estate Attorney") ](https://www.wolfsonbolton.com/who-we-are/thomas-j-howlett/) 

[Thomas “Jake” Howlett](https://www.wolfsonbolton.com/who-we-are/thomas-j-howlett/)

Practice Lead – Real Estate

 [ ![Amy H. Smith, corporate and mergers and acquisitions attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/amy-h-smith-corporate-ma-emerging-growth-attorney-troy-mi-headshot.jpg "Amy H. Smith – Corporate, M&A & Emerging Growth Attorney") ](https://wolfsonbolton.com/who-we-are/amy-huang-smith/) 

[Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith/)

Practice Lead – Corporate, Mergers & Acquisitions, Emerging Growth

 [ ![Jason B. Puscas, governance and public policy attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/jason-b-puscas-governance-public-policy-attorney-troy-mi-headshot.jpg "Jason B. Puscas – Governance & Public Policy Attorney") ](https://wolfsonbolton.com/who-we-are/jason-b-puscas/) 

[Jason B. Puscas](https://wolfsonbolton.com/who-we-are/jason-b-puscas/)

Governance & Public Policy

 [ ![Eric A. Zacks, corporate and mergers and acquisitions attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/eric-a-zacks-corporate-ma-emerging-growth-attorney-troy-mi-headshot.jpg "Eric A. Zacks – Corporate & M&A Attorney") ](https://www.wolfsonbolton.com/who-we-are/eric-a-zacks/) 

[Eric A. Zacks](https://www.wolfsonbolton.com/who-we-are/eric-a-zacks/)

Corporate, Mergers & Acquisitions, Emerging Growth

 [ ![Rosanna L. Ameriguian, associate attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/rosanna-l-ameriguian-associate-attorney-troy-mi-headshot.jpg "Rosanna L. Ameriguian – Associate Attorney") ](https://wolfsonbolton.com/who-we-are/rosanna-l-ameriguian/) 

[Rosanna L. Ameriguian](https://wolfsonbolton.com/who-we-are/rosanna-l-ameriguian/)

Associate Attorney

 [ ![Logan T. Grizzell, associate attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/logan-t-grizzell-associate-attorney-troy-mi-headshot.jpg "Logan T. Grizzell – Associate Attorney") ](https://www.wolfsonbolton.com/who-we-are/logan-t-grizzell/) 

[Logan T. Grizzell](https://www.wolfsonbolton.com/who-we-are/logan-t-grizzell/)

Associate Attorney

 [ ![Christopher J. Pullman, associate attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/christopher-j-pullman-associate-attorney-troy-mi-headshot.jpg "Christopher J. Pullman – Associate Attorney") ](https://wolfsonbolton.com/who-we-are/christopher-j-pullman/) 

[Christopher J. Pullman](https://wolfsonbolton.com/who-we-are/christopher-j-pullman/)

Associate Attorney

 [ ![Stephanie K. Travis, paralegal and office manager at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/stephanie-k-travis-paralegal-office-manager-troy-mi-headshot.jpg "Stephanie K. Travis – Paralegal & Office Manager") ](https://www.wolfsonbolton.com/who-we-are/stephanie-k-travis/) 

[Stephanie K. Travis](https://www.wolfsonbolton.com/who-we-are/stephanie-k-travis/)

Paralegal | Office Manager

 [ ![Madisyn M. Lloyd, administrative assistant at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/madisyn-m-lloyd-administrative-assistant-troy-mi-headshot.jpg "Madisyn M. Lloyd – Administrative Assistant") ](https://wolfsonbolton.com/who-we-are/madisyn-m-lloyd/) 

[Madisyn M. Lloyd](https://wolfsonbolton.com/who-we-are/madisyn-m-lloyd/)

Administrative Assistant

## Top-Tier Corporate Legal Counsel 

 ![Wolfson Bolton Kochis PLLC attorneys and staff serving businesses and individuals throughout Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/11/715A5012-scaled-e1765997426836.jpg "Wolfson Bolton Kochis PLLC – Michigan Law Firm Team") 

Our law firm takes immense pride in offering top-notch legal services with a strong focus on our clients’ success. In fact, we are [committed to it](https://wolfsonbolton.com/about-us/). With a talented team of experienced lawyers, we provide comprehensive legal advice and representation in a variety of areas. These areas include [corporate ](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/)and [consumer bankruptcy](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/), [disputes that end up in court](https://wolfsonbolton.com/corporate-services/litigation/), [business deals](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/), the [automotive supply chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/), and [finding solutions without going to court](https://wolfsonbolton.com/corporate-services/adr-facilitation/).

Furthermore, our extensive experience and [diverse practice](https://wolfsonbolton.com/corporate-services/) allow us to represent both businesses and individuals in complex legal battles, [financial troubles](https://wolfsonbolton.com/corporate-services/finance/), and business transactions. In other words, we handle complicated legal issues for everyone. At our firm, we understand that each client is unique and has specific needs and goals. Therefore, we work diligently to achieve positive results that align with our clients’ best interests.

---

### [Mergers & Acquisitions Attorneys](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)

**Published:** November 7, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/ "Specialized Legal Practice Areas")» Mergers & Acquisitions Attorneys 

# Mergers & Acquisitions

## Strategic Guidance for Business Acquisitions, Sales, and Complex Corporate Transactions

Wolfson Bolton Kochis advises buyers, sellers, investors, and business owners through the full lifecycle of mergers, acquisitions, divestitures, reorganizations, and corporate transactions. Our M&A and Corporate Transactions practice is led by [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/), who works closely with clients to structure and execute transactions that align with long-term business and financial objectives.

Whether a company is pursuing growth, entering a new market, planning an ownership transition, or preparing for a strategic exit, our attorneys deliver practical, business-focused guidance designed to reduce risk and promote efficient execution. We support middle-market companies, family-owned businesses, private equity groups, and strategic acquirers across a wide range of industries, working collaboratively with leadership teams and advisors from planning through post-closing integration.

## Why Clients Choose Our M&A Practice

Clients work with our M&A practice because we combine transactional precision with commercial understanding.

- ### Deal-Focused, Practical Guidance

Every transaction presents unique challenges related to valuation, structure, tax considerations, liabilities, and integration. We help clients navigate these issues with clarity and strategic foresight.

- ### Experience Across Growth Stages

Our attorneys bring experience across [corporate counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/), [commercial finance](https://wolfsonbolton.com/corporate-services/finance/), [real estate](https://wolfsonbolton.com/corporate-services/real-estate/), [regulatory consideration](https://wolfsonbolton.com/corporate-services/corporate-counseling/), and [commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/).

This integrated approach allows us to anticipate issues early, negotiate effectively, and keep transactions moving forward.

- ### Integrated Legal Perspective

Whether representing buyers or sellers, we prioritize clear communication, risk mitigation, and efficient deal management from LOI to closing.

## Buy-Side Representation

Acquirers face strategic, financial, and operational considerations throughout the transaction process. We guide buyers through each stage to support informed decision-making and smooth execution.

We assist with:

- Target identification and preliminary evaluation
- Letter of intent (LOI) negotiation
- Legal and operational due diligence
- Purchase agreement drafting and negotiation
- Financing and capital structure considerations
- Regulatory and compliance review
- Closing coordination and post-closing integration

Our goal is to ensure buyers understand risk, protect value, and execute acquisitions confidently.

## Explore Our M&A & Corporate Transaction Capabilities

   ###  Sell-Side Representation 

     Selling a business requires careful planning, documentation, and negotiation to maximize value and manage risk. We help business owners prepare for sale and guide them through each phase of the transaction.

Our sell-side services include:

- - Pre-sale planning and due diligence readiness
    - Business structure review and cleanup
    - LOI preparation and negotiation
    - Purchase agreement drafting and negotiation
    - Disclosure schedules preparation and negotiation
    - Coordination with tax advisors, accountants, and leadership teams

We help sellers understand deal terms, minimize post-closing exposure, and structure transactions aligned with financial and strategic goals.

    ###  Corporate Structuring, Governance & Transactions 

     Beyond M&A, we support clients with a broad range of corporate transactions and internal business matters. Our attorneys help companies establish governance frameworks and transaction structures that support stability and growth.

We advise on:

- - Joint ventures and strategic partnerships
    - Entity formation and reorganization
    - Shareholder and member agreements
    - Buy-sell and redemption agreements
    - Corporate governance compliance
    - Commercial contract drafting and negotiation
    - Executive and employment agreements

Our transactional work frequently intersects with our [emerging growth](https://wolfsonbolton.com/corporate-services/emerging-growth/) and [corporate counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/) practices.

    ###  Regulatory & Compliance Considerations 

     Transactions often involve industry-specific regulatory requirements. We help clients identify and address legal obligations that may affect deal structure or timing, including employment, licensing, environmental, and sector-specific compliance issues.

When disputes arise during or after a transaction, we collaborate closely with the firm’s [litigation](https://wolfsonbolton.com/corporate-services/litigation/) and [alternative dispute resolution](https://wolfsonbolton.com/corporate-services/adr-facilitation/) practices to pursue efficient resolution strategies.

    ###  Industries & Clients We Serve 

     We represent clients across:

- - Manufacturing and automotive supply chain
    - Technology and software
    - Logistics and distribution
    - Professional services
    - Real estate and development
    - Healthcare and retail
    - Family-owned and closely held businesses

Our clients range from startups preparing for their first acquisition to established companies pursuing complex, multi-entity transactions.

## Common Questions Surrounding Mergers & Acquisitions

   ###  How long does a typical M&A transaction take? 

     Most transactions take 90–180 days, depending on complexity, due diligence, and regulatory requirements.

    ###  What is due diligence? 

     Due diligence is a detailed review of financial, legal, and operational information to assess risk and valuation.

    ###  What documents are required to close a transaction? 

     Purchase agreements, disclosure schedules, corporate records, consents, and closing certificates are typically required.

    ###  Do buyers always assume the seller's liabilities? 

     No. Deal structure, such as an asset sale versus a stock sale, determines which liabilities are assumed.

    ###  When should a seller begin preparing for a sale? 

     Ideally 6–18 months in advance to maximize efficiency and valuation.

## How We Can Help

If your company is considering a merger, acquisition, sale, or strategic partnership, [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/) is available to discuss your objectives and guide you through the transaction process.

**Contact [Amy Huang Smith](https://wolfsonbolton.com/contact/) to explore practical strategies for structuring and executing your transaction with confidence.**

 [ ![Amy H. Smith, corporate and mergers and acquisitions attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/01/amy-h-smith-corporate-ma-emerging-growth-attorney-troy-mi-standing.jpg "Amy H. Smith – Corporate, M&A & Emerging Growth Attorney") ](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/) 

### [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/)

**PRACTICE LEAD** – Corporate Counseling, Mergers & Acquisitions, Emerging Growth

Amy advises clients across a range of industries with forward-thinking strategy, practical guidance, clear communication, and strong follow-through through every stage of a transaction, from early planning and due diligence to negotiation, closing, and post-closing business needs.

 [  Call 248-247-7102  ](tel:248-247-7102) 

 [  View Profile  ](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/) 

### Corporate Practice Areas

- [    Commercial Restructuring & Bankruptcy ](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)
- [    Alternative Dispute Resolution ](https://wolfsonbolton.com/corporate-services/adr-facilitation/)
- [    Automotive & Supply Chain ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/)
- [    Banking & Finance ](https://wolfsonbolton.com/corporate-services/finance/)
- [    Corporate Counseling ](https://wolfsonbolton.com/corporate-services/corporate-counseling/)
- [    Real Estate ](https://wolfsonbolton.com/corporate-services/real-estate/)

### Need Legal Assistance?

Contact our Mergers & Acquisitions team in Troy, MI.

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/)

**Categories:** Corporate Services

---

### [Commercial Real Estate Lawyers](https://wolfsonbolton.com/corporate-services/real-estate/)

**Published:** November 7, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/ "Specialized Legal Practice Areas")» Commercial Real Estate Lawyers 

# Commercial Real Estate

## Strategic Counsel for Commercial Real Estate Transactions, Development, and Disputes

Wolfson Bolton Kochis advises owners, developers, investors, landlords, tenants, and businesses across a wide range of commercial real estate matters throughout Michigan and nationwide. Our Real Estate practice lead, [Thomas “Jake” Howlett](https://wolfsonbolton.com/who-we-are/thomas-j-howlett-real-estate-attorney/), provides clear, strategic guidance through every phase of property ownership and development, from acquisition and leasing to zoning, development, and dispute resolution.

Real estate matters often involve complex financial, regulatory, and operational considerations. Our attorneys understand the pace and pressure of commercial real estate deals, including tight deadlines, shifting market conditions, due-diligence challenges, and multi-stakeholder coordination. We help clients anticipate risk, identify opportunity, and execute transactions efficiently while aligning legal strategy with long-term business goals.

## Why Clients Choose Our Real Estate Team

Clients rely on our real estate team because we combine industry knowledge with a practical, business-first approach.

- ### Experience Across Property Types

We advise clients on commercial and industrial facilities, office buildings, retail centers, mixed-use projects, and land-use matters. Our attorneys collaborate closely with developers, brokers, lenders, construction professionals, and municipalities to keep projects moving forward with clarity and momentum.

- ### Integrated Legal Perspective

Our real estate attorneys work closely with the firm’s [litigation](https://wolfsonbolton.com/corporate-services/litigation/), [corporate restructuring and bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/), and [commercial finance](https://wolfsonbolton.com/corporate-services/finance/) teams.

This multidisciplinary approach allows us to advise clients on financing, distressed assets, construction disputes, and landlord–tenant conflicts with a broader strategic lens.

## Commercial Property Acquisition, Sale & Due Diligence

Commercial real estate transactions require careful planning, clear documentation, and thoughtful risk assessment. We guide clients through every stage of the transaction so they understand their rights, obligations, and exposure before closing.

We assist with:

- Purchase and sale agreements
- Leases and leasing issues
- Title and survey review
- Land-use and zoning considerations
- Due-diligence management
- Closing preparation and documentation
- Coordination with brokers, lenders, and municipalities

Our goal is to identify potential obstacles early and structure transactions that support development, investment, and operational objectives.

## Explore Our Real Estate Capabilities & Experience

   ###  Commercial Leasing 

     Leasing arrangements shape long-term operational and financial outcomes for both landlords and tenants. We assist with drafting, reviewing, and negotiating leases across all major commercial property types.

Our experience includes:

- - Retail, industrial, office, and mixed-use leases
    - Build-to-suit and ground leases
    - Subleases and assignments
    - Renewal and expansion terms
    - Tenant-improvement provisions
    - Operating expenses, common-area costs, and maintenance obligations

We work to ensure lease terms align with our clients’ operational needs, growth plans, and risk tolerance.

    ###  Development, Construction & Land-Use 

     Development projects involve multiple phases—from planning and financing to permitting, construction, and completion. Our attorneys guide clients through each stage and help resolve challenges as they arise.

We assist with:

- - Construction contracts and development agreements
    - Zoning and land-use approvals
    - Municipal negotiation and entitlement matters
    - Environmental evaluation and compliance
    - Contractor and subcontractor disputes

When disputes arise during development, our real estate team works closely with our
[commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/) attorneys to pursue efficient and strategic resolutions.

    ###  Disputes, Litigation & Property Conflicts 

     When real estate disputes occur, we provide strong representation focused on protecting value while minimizing business disruption.

We handle disputes involving:

- - Lease enforcement and disputes
    - Purchase-agreement disputes
    - Boundary and title conflicts
    - Construction and development disputes
    - Property-access and easement issues
    - Landlord–tenant disagreements
    - Commercial eviction and possession actions
    - Zoning and land use disputes and municipal approvals and process

Our litigators partner closely with our real estate attorneys to align dispute-resolution strategy with transactional realities and business objectives.

    ###  Industries & Clients We Serve 

     Our real estate clients include:

- - Developers and property owners
    - Investors and financial institutions
    - Landlords and tenants
    - Manufacturers, transportation and logistics firms
    - Office users and professional services companies
    - Family-owned and closely held businesses

We advise clients involved in industrial, commercial, retail, residential, and mixed-use development projects.

## Common Commercial Real Estate Questions

   ###  What is involved in real estate due diligence? 

     Due diligence typically includes review of title, survey, environmental issues, zoning compliance, leases, financials, and the physical condition of the property.

    ###  Why are commercial leases so complex? 

     Commercial leases allocate long-term financial obligations, maintenance responsibilities, operating costs, and the allocation of risk between landlords and tenants.

    ###  What happens if a tenant breaches a lease? 

     Landlords may pursue negotiation, demand compliance, or initiate eviction or damages actions depending on the lease terms and circumstances.

    ###  Can zoning issues be resolved after purchase? 

     Sometimes, but zoning risks should be evaluated carefully before closing to avoid costly delays or limitations on use.

    ###  When should counsel be involved in a development project? 

     Ideally at the earliest planning stage, so potential risks can be identified and addressed proactively. Municipal approvals, special use and other permits may be required and often require counsel’s assistance.

## How We Can Help

If your organization needs assistance with real estate transactions, development projects, or property-related disputes, our Real Estate team is available to support your objectives.

**Contact [Thomas “Jake” Howlett](https://wolfsonbolton.com/contact/), Real Estate practice lead, to discuss how we can help advance your project or protect your investment.**

 [ ![Thomas “Jake” Howlett, real estate attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/thomas-jake-howlett-real-estate-attorney-troy-mi-standing.jpg "Thomas “Jake” Howlett – Real Estate Attorney") ](https://wolfsonbolton.com/who-we-are/thomas-j-howlett-real-estate-attorney/) 

### [Thomas "Jake" Howlett](https://wolfsonbolton.com/who-we-are/thomas-j-howlett-real-estate-attorney/)

**PRACTICE LEAD** – Real Estate

Jake advises business clients on real estate matters and complex commercial disputes with a practical, business-minded approach shaped by his experience as both an attorney and former real estate development executive.

 [  Call 248-247-7107  ](tel:248-247-7107) 

 [  View Profile  ](https://wolfsonbolton.com/who-we-are/thomas-j-howlett-real-estate-attorney/) 

### Corporate Practice Areas

- [    Commercial Restructuring & Bankruptcy ](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)
- [    Alternative Dispute Resolution ](https://wolfsonbolton.com/corporate-services/adr-facilitation/)
- [    Automotive & Supply Chain ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/)
- [    Banking & Finance ](https://wolfsonbolton.com/corporate-services/finance/)
- [    Emerging Growth ](https://wolfsonbolton.com/corporate-services/emerging-growth/)
- [    Mergers & Acquisitions ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)

### Need Legal Assistance?

Contact our Commercial Real Estate team in Troy, MI.

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/)

**Categories:** Corporate Services

---

### [Commercial Litigation Attorneys](https://wolfsonbolton.com/corporate-services/litigation/)

**Published:** November 7, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/ "Specialized Legal Practice Areas")» Commercial Litigation Attorneys 

# Litigation

## Strategic Commercial Litigation for Businesses, Executives, and Stakeholders

Wolfson Bolton Kochis represents businesses, executives, stakeholders, and organizations in complex commercial litigation across Michigan and nationwide. Our litigation team, led by [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/), helps clients resolve high-stakes disputes involving contracts, business relationships, supply chain disruptions, real estate, corporate governance, restructuring, and commercial torts.

We understand that litigation is not just a legal conflict; it is a business event with financial, operational, reputational, and relationship consequences. Our attorneys work closely with leadership teams to understand business objectives, evaluate risk, and pursue outcomes aligned with both immediate needs and long-term priorities. Whether through negotiation, motion practice, trial, or appeal, we provide clear, strategic guidance during periods of uncertainty.

## Why Clients Choose Our Litigation Services

Clients choose our litigation team because we combine courtroom experience with practical business judgment and industry insight.

- ### Business-Driven Litigation Strategy

We approach disputes with a focus on business impact, not just legal theory. Our attorneys work closely with our [corporate counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/) and [alternative dispute resolution](https://wolfsonbolton.com/corporate-services/adr-facilitation/) teams to tailor strategies that protect operations, preserve key relationships, and control cost and disruption wherever possible.

- ### Experience at Every Stage of Litigation

Our team handles matters from emergency injunctions and accelerated business cases through bench and jury trials, arbitration, and appeals. We routinely litigate matters that intersect with [corporate restructuring and bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/), allowing us to manage disputes involving financially distressed counterparties.

- ### Industry Knowledge

We regularly represent clients in manufacturing, the [automotive supply chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain-lawyers/), [real estate](https://wolfsonbolton.com/corporate-services/real-estate/), professional services, technology, and financial services – industries where litigation often moves quickly and carries significant operational risk.

## Commercial & Contract Disputes

Commercial disputes often involve high-value relationships, time-sensitive obligations, and significant financial exposure. We work to resolve these matters efficiently while protecting our clients’ core business interests.

We assist with:

- Breach of contract claims
- Warranty, indemnity, and pricing disputes
- Vendor, supplier, and customer conflicts
- Purchase order and terms and conditions enforcement
- Business torts, including fraud and misrepresentation
- Payment, delivery, and performance disputes

Our litigators collaborate closely with our [commercial finance](https://wolfsonbolton.com/corporate-services/finance/) and [mergers & acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) teams when disputes arise from transactional relationships.

## Explore Our Litigation Capabilities & Experience

   ###  Supply Chain & Manufacturing Litigation 

     With deep experience in automotive and manufacturing matters, we regularly litigate disputes involving critical production relationships. Our attorneys understand the urgency, regulatory considerations, and commercial pressures that shape supply chain litigation.

We handle matters involving:

- - Tooling ownership and possession
    - Temporary restraining orders (TROs) to protect supply continuity
    - Distressed supplier disputes tied to [restructuring and insolvency](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)
    - Warranty allocation and quality claims
    - Program transition conflicts
    - Resourcing and capacity disputes
    - Raw material, pricing, and production interruption issues

We work closely with executives, engineers, and operations teams to prevent shutdowns and protect continuity.

    ###  Shareholder, Partnership & Governance Litigation 

     Internal business disputes can threaten organizational stability and long-term value. We help clients resolve conflicts involving management, ownership, fiduciary duties, and strategic direction.

We represent clients in:

- - Shareholder and member disputes
    - Business divorce matters
    - Breach of fiduciary duty claims
    - Deadlock and governance breakdowns
    - Books and records demands

These matters often overlap with our [corporate counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/), governance, and risk-management work.

    ###  Real Estate & Property Litigation 

     Commercial real-estate disputes frequently involve significant financial and operational stakes. We represent owners, landlords, developers, tenants, and investors in litigation involving:

- - Lease disputes
    - Property damage claims
    - Construction and development conflicts
    - Contractor and subcontractor disputes
    - Easement and access issues

Our litigators collaborate with the firm’s [real estate practice](https://wolfsonbolton.com/corporate-services/real-estate/) to align litigation strategy with transactional realities.

    ###  Creditors’ Rights & Financial Litigation 

     Our litigation practice works closely with our [restructuring](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/) and [finance](https://wolfsonbolton.com/corporate-services/finance/) teams, allowing us to represent lenders and creditors in disputes involving financially distressed businesses.

We assist with:

- - UCC Article 9 enforcement
    - Secured party disputes
    - Collections and judgment enforcement
    - Fraudulent transfer and preference litigation
    - Receiverships
    - Loan document enforcement

This multidisciplinary approach strengthens our ability to navigate complex financial litigation efficiently.

    ###  Industries & Clients We Serve 

     We represent clients across:

- - Manufacturing and automotive supply chain
    - Real estate
    - Logistics and transportation
    - Technology and professional services
    - Financial services and lending
    - Family-owned and closely held businesses

Our clients include corporations, executives, shareholders, landlords, lenders, suppliers, and privately held organizations.

## Common Questions Surrounding Commercial Litigation Matters

   ###  When should a business involve litigation counsel? 

     As early as possible. Early involvement reduces risk, preserves evidence, and helps shape strategy.

    ###  How long do commercial disputes typically last? 

     Timelines vary widely, but many matters resolve within 6–18 months.

    ###  Can disputes be resolved without trial? 

     Yes. Many disputes settle through negotiation, mediation, or other forms of alternative dispute resolution.

    ###  What is a TRO, and when is it used? 

     A temporary restraining order is an emergency court order designed to prevent immediate harm—often used in supply chain or property disputes.

    ###  Can litigation continue during restructuring or bankruptcy? 

     Yes, although certain actions may require court approval or compliance with the automatic stay.

## How We Can Help

If your organization is facing a commercial dispute or litigation challenge, [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/) and our Litigation team are available to evaluate your situation and discuss strategic next steps.

**Contact** [**Anthony J. Kochis**](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/)**, Litigation practice lead**, **to discuss how we can help.**

 [ ![Anthony J. Kochis, commercial litigation and bankruptcy attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/anthony-j-kochis-commercial-litigation-attorney-troy-mi-sitting.jpg "Anthony J. Kochis – Commercial Litigation Attorney") ](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/) 

### [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/)

**PRACTICE LEAD** – Litigation

Anthony has successfully represented Fortune 10 companies, closely held businesses, and individuals in state, federal, and out-of-court matters involving complex and diverse disputes. He brings experience across high-stakes commercial matters and financially distressed situations, including litigation strategy, creditor/debtor issues, and supply chain disputes.

 [  Call 248-247-7105  ](tel:248-247-7105) 

 [  View Profile  ](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/) 

### Practice Areas

- [    Commercial Restructuring & Bankruptcy ](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)
- [    Alternative Dispute Resolution ](https://wolfsonbolton.com/corporate-services/adr-facilitation/)
- [    Automotive & Supply Chain ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/)
- [    Banking & Finance ](https://wolfsonbolton.com/corporate-services/finance/)
- [    Corporate & M&A ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)
- [    Real Estate ](https://wolfsonbolton.com/corporate-services/real-estate/)

### Need Legal Assistance?

Contact our Litigation team in Troy, MI.

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/)

**Categories:** Corporate Services

---

### [Alternative Dispute Resolution](https://wolfsonbolton.com/corporate-services/adr-facilitation/)

**Published:** May 11, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/ "Specialized Legal Practice Areas")» Alternative Dispute Resolution 

# Alternative Dispute Resolution & Facilitation

## Efficient, Confidential, and Business-Focused Resolution Strategies

Wolfson Bolton Kochis provides strategic alternative dispute resolution (ADR) services, including mediation, facilitation, and arbitration, for businesses seeking efficient and cost-effective resolution of commercial disputes in a confidential setting.

Our ADR practice is led by [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/), whose extensive experience in high-stakes commercial litigation and restructuring informs a practical, business-oriented approach to conflict resolution. Scott is a certified, business-minded mediator appointed by numerous courts throughout Michigan and a member of the [American Arbitration Association’s (AAA) National Commercial Panel](https://wolfsonbolton.com/news-updates/2019/october/scott-a-wolfson-appointed-to-american-arbitration-associations-national-roster-of-commercial-arbitrators/). His background enables him to quickly assess risk, identify leverage points, and guide parties toward workable resolutions.

[Litigation](https://wolfsonbolton.com/corporate-services/litigation/) can be disruptive, expensive, and time-consuming. We offer a more strategic, out-of-court path to help preserve relationships and achieve outcomes aligned with the parties’ objectives. Whether pre-litigation or during active proceedings, we help parties move toward resolution with efficiency, confidentiality, and control.

## Why Businesses Choose ADR with Wolfson Bolton Kochis

Clients choose us for ADR because we combine deep dispute resolution experience with a business-oriented mindset.

- ### Practical, Business-First Perspective

Commercial disputes are rarely just legal issues – they impact relationships, operations, and financial stability. We understand these pressures and guide parties toward solutions that minimize disruption while protecting mutual long-term interests.

- ### Litigation-Informed Neutrality

Our work in [commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/) and [corporate restructuring and bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/) gives us a clear understanding of the risks, costs, and uncertainties of formal proceedings. We use that perspective to help parties realistically evaluate outcomes and identify opportunities for resolution.

- ### Structured, Fair, and Confidential Processes

We bring a disciplined, neutral framework to negotiations, helping parties identify underlying interests, narrow key issues, and reach practical agreements that resolve disputes and support ongoing business objectives.

## Mediation & Structured Negotiation Services

Mediation provides a confidential, structured process for resolving disputes through guided, non-binding negotiation. We help parties clarify objectives, assess risk, evaluate settlement options, and develop practical terms that avoid prolonged and costly litigation.

We regularly mediate disputes involving:

- Commercial contracts
- Business torts and fraud-based claims
- Shareholder and member disagreements, including minority oppression
- Automotive and manufacturing supply chain matters
- Real estate and leasing
- Vendor and customer agreements
- Stock and asset purchase agreements
- Bankruptcy matters including preferences, fraudulent conveyance and voidable transactions, and Chapter 11 plan disputes
- Secured lender disputes

Each mediation is tailored to the dispute, the stakeholders involved, and the business considerations driving decision-making.

## Explore Our ADR & Facilitation Capabilities

   ###  Arbitration & Private Adjudication 

     For disputes requiring final, binding decisions, arbitration offers a confidential and efficient alternative to traditional litigation. We serve as arbitrators in AAA and privately administered proceedings, particularly in matters requiring industry-specific knowledge.

Our arbitration experience includes:

- - Commercial contract disputes
    - Supply chain and manufacturing matters
    - Automotive warranty and defect claims
    - Business tort and fiduciary duty claims
    - Healthcare and governance disputes
    - Secured lender enforcement matters
    - Fraudulent conveyance and other voidable transaction claims
    - Alter ego claims and corporate veil-piercing claims

- - Shareholder and member disagreements, including minority oppression

We manage proceedings efficiently, streamline discovery where appropriate, and ensure a fair, well-structured adjudicative process.

    ###  Industries We Serve in Commercial ADR, Mediation, and Arbitration 

     We provide ADR services, including mediation and arbitration to businesses throughout Michigan and nationwide across a range of industries, including:

- - Manufacturing and automotive supply chain
    - Real estate
    - Financial institutions, lenders, and secured creditors
    - Professional services firms
    - Private equity sponsors, investors, and portfolio companies
    - Healthcare providers and medical practices
    - Family-owned businesses, closely held companies, and partnerships
    - Technology and other service-based companies

Our industry experience, combined with our background in commercial litigation and restructuring, allows us to tailor mediation and arbitration processes to the operational realities, financial pressures, and decision-making dynamics unique to each business.

## Common Questions in Alternative Dispute Resolution Matters

   ###  What is the difference between mediation and arbitration? 

     Mediation is non-binding and focuses on negotiated resolution. Arbitration is binding and results in a final decision issued by an arbitrator.

    ###  When should a dispute be mediated versus arbitrated? 

     Mediation is often appropriate when parties want to preserve relationships, maintain flexibility, or explore business-driven solutions. Arbitration is typically used when a binding decision is required, particularly in complex commercial disputes where parties seek a more efficient alternative to court litigation.

    ###  Is ADR confidential? 

     ADR proceedings are generally private and, in many cases, confidential. This allows parties to address disputes without public exposure and with greater control over sensitive business information.

    ###  Can ADR be used before a lawsuit is filed? 

     Yes. Engaging in ADR early – before a formal complaint has been filed – can often prevent escalation, reduce costs, and lead to faster resolution. Our attorneys have successfully resolved disputes and eliminated the need for a lawsuit.

    ###  How long does mediation typically take? 

     Many mediations resolve in a single session, although complex matters may require additional sessions or follow-up negotiations.

    ###  Does ADR eliminate the need for litigation entirely? 

     Not always. However, it often leads to full resolution or significantly narrows the issues in dispute, reducing the scope, cost, and duration of any remaining litigation. Even where a dispute is not immediately resolved, ADR frequently advances negotiations and creates a foundation for later settlement.

## How We Can Help

[**Scott A. Wolfson**](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/) is available for appointment as a mediator or arbitrator in commercial disputes. Counsel and parties regularly engage him to facilitate resolution through mediation or to serve as a neutral decision-maker in arbitration.

**Contact [Scott A. Wolfson](https://wolfsonbolton.com/contact/) regarding his availability to serve as a mediator or arbitrator.**

 ![Scott A. Wolfson, corporate bankruptcy and restructuring attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/scott-a-wolfson-corporate-bankruptcy-restructuring-attorney-troy-mi-standing.jpg "Scott A. Wolfson – Bankruptcy, Restructuring & ADR Attorney") 

### [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/)

**PRACTICE LEAD** – ADR / Facilitation

Scott is a certified mediator with an excellent track record of helping parties resolve their disputes without the necessity of a trial. He combines his extensive experience with his practical communication style to effectively mediate business disputes.

 [  Call 248-247-7103  ](tel:248-247-7103) 

 [  View Profile  ](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/) 

### Practice Areas

- [    Commercial Restructuring & Bankruptcy ](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)
- [    Automotive & Supply Chain ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/)
- [    Banking & Finance ](https://wolfsonbolton.com/corporate-services/finance/)
- [    Commercial Litigation ](https://wolfsonbolton.com/corporate-services/litigation/)
- [    Corporate & M&A ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)
- [    Real Estate ](https://wolfsonbolton.com/corporate-services/real-estate/)

### Need Legal Assistance?

Contact our Alternative Dispute Resolution and Facilitation team in Troy, MI.

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/)

**Categories:** Corporate Services

---

### [Automotive & Supply Chain Lawyers](https://wolfsonbolton.com/corporate-services/automotive-supply-chain-lawyers/)

**Published:** May 11, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/ "Specialized Legal Practice Areas")» Automotive & Supply Chain Lawyers 

# Automotive & Supply Chain

## Strategic Legal Support for Supplier Distress, Contracting, and Advanced Automotive Technologies

Wolfson Bolton Kochis provides strategic legal counsel to OEMs, suppliers, and purchasing organizations navigating complex automotive and supply-chain challenges. With nearly three decades of experience addressing supplier distress and supply-chain disruption, our Automotive & Supply Chain practice is led by [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/), who brings deep insight into both the legal and operational realities faced by purchasing and sourcing teams.

Our team includes professionals with firsthand experience leading supplier-risk management efforts for major tier-one automotive suppliers. This perspective allows us to assess supplier financial and operational health quickly, protect supply continuity, and guide clients through high-pressure situations, both in and out of court.

## Why Clients Choose Our Automotive & Supply Chain Practice

Clients rely on our Automotive & Supply Chain practice because we combine industry-specific knowledge with practical legal execution.

- ### Deep Understanding of Supplier Distress

We understand the demands placed on purchasing organizations when suppliers face financial or operational distress. Our attorneys regularly evaluate supplier viability, identify risk early, and implement strategies designed to maintain continuity and minimize disruption.

- ### Litigation-Ready, Business-Focused Approach

When disputes escalate, our attorneys bring significant experience litigating automotive matters in federal and state courts nationwide. We routinely work alongside our [commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/) and [corporate restructuring and bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) practices to pursue outcomes that protect operations while managing risk.

- ### Proactive, Practical Solutions

From contract structuring to emergency injunctive relief, we help clients move decisively in fast-changing supply-chain environments.

## Supplier Distress, Risk Management & Continuity Protection

Supplier instability can threaten production schedules, contractual obligations, and customer relationships. We help clients assess risk and implement strategies to protect continuity.

We assist with:

- Financial and operational assessment of distressed suppliers
- Adequate-assurance demands under the UCC
- Drafting and negotiation of accommodation, access, and resourcing agreements
- Obtaining possession of tooling and access to supplier facilities
- Temporary restraining orders (TROs) and injunctive relief
- Coordination with restructuring and insolvency proceedings

Our experience allows us to act quickly and decisively when supply chains are threatened.

## Explore Our Automotive & Supply Chain Capabilities

   ###  Purchasing & Supply Chain Contracting 

     We advise clients on all aspects of purchasing and supply-chain contracting, helping organizations manage risk, enforce rights, and maintain flexibility across long-term commercial relationships.

We provide guidance on:

- - Drafting and negotiating standard terms and conditions
    - Quoting procedures and purchase orders
    - Long-term supply agreements
    - Currency and materials-indexing agreements
    - Warranty-sharing arrangements
    - Multi-party and distribution agreements
    - Bailment, warehousing, and tooling agreements
    - Shipping, logistics, and equipment-leasing agreements
    - Management and outsourcing agreements

Our attorneys also provide **training and strategic guidance** to purchasing teams on contracting best practices and risk mitigation.

    ###  Dispute Resolution & Enforcement 

     When supply-chain disputes arise, we help clients resolve conflicts efficiently while protecting operational priorities.

Our work often intersects with:

- - [alternative dispute resolution](https://wolfsonbolton.com/corporate-services/adr-facilitation/)
    - [commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/)
    - [restructuring and insolvency proceedings](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/)

We are prepared to pursue negotiated resolutions or aggressive enforcement as the circumstances dictate.

    ###  Industries & Clients We Serve 

     We represent:

- - OEMs and tier-one, tier-two, and tier-three suppliers
    - Purchasing and sourcing organizations
    - Logistics and supply-chain operators

Our clients operate across the full automotive ecosystem.

## Common Questions in Supply Chain Matters

   ###  What should a company do when a supplier shows signs of financial distress? 

     Early assessment and legal involvement are critical. Proactive action can preserve supply continuity and contractual rights.

    ###  Can buyers access tooling if a supplier defaults? 

     Often yes, depending on contract terms and applicable law. We help clients enforce tooling and access rights.

    ###  When are TROs used in supply-chain disputes? 

     TROs are often used to prevent shutdowns, protect tooling, or preserve access during urgent disputes.

    ###  How do adequate-assurance letters work? 

     They require a supplier to demonstrate its ability to perform contractual obligations when performance is in doubt.

    ###  Can supply-chain disputes be resolved without litigation? 

     Yes. Many disputes are resolved through negotiation, facilitation, or structured agreements.

## How We Can Help

If your organization is managing supplier risk, negotiating complex supply-chain agreements, or responding to a distressed-supplier situation, [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/) is available to discuss strategies for protecting continuity and minimizing disruption.

**Contact [Pete Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/) to explore practical legal solutions for today’s automotive and supply-chain challenges.**

 [ ![Peter C. Bolton, automotive supply chain and corporate attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/peter-c-bolton-automotive-supply-chain-corporate-attorney-troy-mi-sitting.jpg "Peter C. Bolton – Supply Chain & Corporate Finance Attorney") ](https://wolfsonbolton.com/who-we-are/peter-c-bolton/) 

### [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/)

**PRACTICE LEAD** – Automotive & Supply Chain

Pete is Practice Lead for Automotive & Supply Chain and Finance at Wolfson Bolton Kochis. He has a diverse national business law practice focused on purchasing and supply chain management, finance, and mergers and acquisitions, particularly in distressed scenarios.

 [  Call 248-247-7104  ](tel:248-247-7104) 

 [  View Profile  ](https://wolfsonbolton.com/who-we-are/peter-c-bolton/) 

### Practice Areas

- [    Corporate Restructuring & Bankruptcy ](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)
- [    Alternative Dispute Resolution ](https://wolfsonbolton.com/corporate-services/adr-facilitation/)
- [    Banking & Finance ](https://wolfsonbolton.com/corporate-services/finance/)
- [    Commercial Litigation ](https://wolfsonbolton.com/corporate-services/litigation/)
- [    Corporate & M&A ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)
- [    Real Estate ](https://wolfsonbolton.com/corporate-services/real-estate/)

### Need Legal Assistance?

Contact our Automotive & Supply Chain team in Troy, MI.

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/)

**Categories:** Corporate Services

---

### [Corporate Finance Attorneys](https://wolfsonbolton.com/corporate-services/finance/)

**Published:** May 11, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/ "Specialized Legal Practice Areas")» Corporate Finance Attorneys 

# Commercial Finance

## Strategic Counsel for Commercial Lending, Structured Finance, and Complex Credit Transactions

Wolfson Bolton Kochis provides comprehensive finance counsel to lenders, borrowers, private equity sponsors, family offices, investors, and businesses engaged in complex commercial lending and financial transactions. Our Finance practice is led by [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/), who advises clients on structuring, documenting, and negotiating financing arrangements that support operations, growth, and strategic transactions.

We assist with secured and unsecured lending, asset-based facilities, acquisition financing, intercreditor arrangements, and sophisticated deal structures across a wide range of industries. Whether guiding lenders through credit transactions or assisting borrowers with capital needs, our attorneys deliver practical, commercially focused advice grounded in a deep understanding of financial markets and business realities.

## Why Clients Choose Our Finance Practice

Clients rely on our Finance practice because we combine technical lending experience with strategic commercial insight.

- ### Practical, Transaction-Focused Advice

We work closely with financial institutions, private lenders, investors, and business leadership to understand the purpose of each transaction and tailor solutions to operational and strategic objectives.

- ### Experience Across Credit Cycles

Our attorneys regularly advise on both standard lending transactions and distressed-credit situations, including workouts and restructurings. This experience, shared with our [corporate restructuring and bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) and [commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/) practices, allows us to anticipate risk, draft effective protections, and negotiate from a position of strength.

- ### Integrated Legal Perspective

Our finance work intersects with [mergers & acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/), [corporate counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/), and [real estate](https://wolfsonbolton.com/corporate-services/real-estate/) matters, enabling us to support financing arrangements tied to growth, transactions, and asset ownership.

## Commercial Lending & Structured Finance

We represent lenders and borrowers in a broad range of commercial and structured finance transactions. Each deal presents unique considerations related to collateral, cash flow, covenants, and operational obligations.

We assist with:

- Secured and unsecured commercial loans
- Asset-based lending (ABL)
- Term loans and revolving credit facilities
- Working-capital lines of credit
- Equipment financing and leasing
- Inventory and receivables financing
- Multi-lender and syndicated credit facilities

Our focus is on clear documentation, thoughtful risk allocation, and efficient execution.

## Explore Our Finance Capabilities & Experience

   ###  Acquisition Financing & Growth Capital 

     Businesses pursuing acquisitions, expansions, or investments often require specialized financing structures. We advise on financing arrangements that support strategic growth without creating unnecessary constraints.

We assist with:

- - Acquisition loans
    - Subordinated debt and mezzanine financing
    - Equity and hybrid financing structures
    - Growth-capital and expansion financing
    - Investor and lender negotiations
    - Financing arrangements tied to M&A transactions

Our finance team works closely with our [**M&A**](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) and [**emerging growth**](https://wolfsonbolton.com/corporate-services/emerging-growth/) practices to align capital strategy with business objectives.

    ###  Intercreditor Relationships & Priority Issues 

     Multi-lender transactions require clear definition of rights, remedies, and priorities. We negotiate and draft intercreditor agreements designed to reduce conflict and clarify expectations.

We assist with:

- - Intercreditor agreements
    - Subordination agreements
    - Priority and lien-ranking disputes
    - Cross-collateralization arrangements
    - Participation agreements

Clear intercreditor frameworks help prevent disputes during default, enforcement, or restructuring events.

    ###  Distressed Lending, Enforcement & Workouts 

     When borrowers face financial distress, our attorneys guide lenders and businesses through enforcement, restructuring, and negotiated resolutions designed to preserve value.

We assist with:

- - Loan modifications and extensions
    - Forbearance agreements
    - UCC Article 9 enforcement
    - Receiverships and foreclosure proceedings
    - Out-of-court restructurings
    - Collateral recovery strategies

Our close coordination with the firm’s [restructuring and bankruptcy ](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)practice allows us to anticipate issues and pursue efficient outcomes.

    ###  Industries & Clients We Serve 

     We represent:

- - Private lenders and financial institutions
    - Borrowers
    - Private equity sponsors
    - Family-owned enterprises
    - Real-estate developers
    - Manufacturers, technology companies, and logistics firms

Our clients range from small businesses seeking growth capital to multi-billion dollar organizations engaged in multi-layered credit transactions.

## Common Questions in Corporate Finance Matters

   ###  What is mezzanine financing? 

     A hybrid structure combining debt and equity features, often used to support acquisitions or expansion.

    ###  Can financing terms be renegotiated during financial distress? 

     Yes. Modifications, forbearance agreements, and negotiated restructurings can help stabilize operations.

    ###  Why are intercreditor agreements important? 

     They clarify lender priorities and rights, reducing disputes during enforcement or restructuring.

## How We Can Help

If your organization is evaluating financing options, negotiating lending relationships, or navigating a distressed-credit situation, [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/) is available to discuss your transaction and strategic objectives.

**Contact [Pete Bolton ](https://wolfsonbolton.com/contact/)to explore financing structures that support your business while managing risk effectively.**

 [ ![Peter C. Bolton, automotive supply chain and corporate attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/peter-c-bolton-automotive-supply-chain-corporate-attorney-troy-mi-sitting.jpg "Peter C. Bolton – Supply Chain & Corporate Finance Attorney") ](https://wolfsonbolton.com/who-we-are/peter-c-bolton/) 

### [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/)

**PRACTICE LEAD** – Finance

Pete is Practice Lead for Automotive & Supply Chain and Finance at Wolfson Bolton Kochis. He has a diverse national business law practice focused on purchasing and supply chain management, finance, and mergers and acquisitions, particularly in distressed scenarios.

 [  Call 248-247-7104  ](tel:248-247-7104) 

 [  View Profile  ](https://wolfsonbolton.com/who-we-are/peter-c-bolton/) 

### Practice Areas

- [    Commercial Restructuring & Bankruptcy ](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)
- [    Alternative Dispute Resolution ](https://wolfsonbolton.com/corporate-services/adr-facilitation/)
- [    Automotive & Supply Chain ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain-lawyers/)
- [    Commercial Litigation ](https://wolfsonbolton.com/corporate-services/litigation/)
- [    Corporate & M&A ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)
- [    Real Estate ](https://wolfsonbolton.com/corporate-services/real-estate/)

### Need Legal Assistance?

Contact our Finance team in Troy, MI.

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/)

**Categories:** Corporate Services

---

### [Emerging Growth Attorneys](https://wolfsonbolton.com/corporate-services/emerging-growth/)

**Published:** November 21, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/ "Specialized Legal Practice Areas")» Emerging Growth Attorneys 

# Emerging Growth

## Strategic Legal Guidance for Startups, Founders, and High-Growth Companies

Wolfson Bolton Kochis supports founders, early-stage companies, investors, and emerging ventures as they navigate the formative and rapidly evolving stages of business growth. Our Emerging Growth practice is led by [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/), who advises clients from initial formation through financing, scaling, and exit planning.

Emerging businesses operate in environments defined by innovation, market pressure, and limited resources—requiring legal strategies that are both protective and flexible. We help startups and growth-stage companies make informed decisions around structure, capital, governance, and risk, ensuring legal foundations support long-term sustainability and business objectives.

## Why Early-Stage Companies Choose Our Emerging Growth Practice

Clients work with our Emerging Growth practice because we combine legal insight with practical business understanding.

- ### Startup-Focused, Practical Guidance

Early-stage companies need clear, efficient advice that keeps pace with rapid decision-making. We focus on helping founders move forward with confidence while managing risk thoughtfully.

- ### Experience Across Growth Stages

We advise companies from inception through seed and venture funding, strategic partnerships, scaling operations, and eventual liquidity events.

- ### Integrated Legal Perspective

Our emerging growth work is informed by the firm’s experience in [corporate counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/), [commercial finance](https://wolfsonbolton.com/corporate-services/finance/), [mergers & acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/), and [commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/).

This integrated approach helps founders anticipate issues before they become obstacles to growth or investment.

## Formation, Structure & Foundational Agreements

Choosing the right legal structure early is critical for protecting intellectual property, issuing equity, attracting investors, and maintaining operational flexibility. We guide founders through entity formation and governance decisions that support growth and scalability.

We assist with:

- Entity selection (LLC, corporation, partnership)
- Operating agreements, bylaws, and shareholder agreements
- Founder agreements and equity allocation
- Vesting schedules and buy-back provisions
- Organizational documents and corporate formalities
- Early-stage risk assessment

Strong foundations help prevent disputes, preserve flexibility, and prepare companies for investment and expansion.

## Explore Our Emerging Growth Capabilities & Experience

   ###  Financing, Capital Strategy & Investor Relations 

     Raising capital is often one of the most complex challenges for emerging companies. We advise founders and investors on financing structures and help clients understand how each option affects control, valuation, and long-term strategy.

We support clients with:

- - Seed, angel, and venture financing
    - SAFE and convertible note offerings
    - Preferred equity structures
    - Investor negotiations
    - Due diligence preparation
    - Disclosure and compliance considerations

Our goal is to help companies raise capital in ways that fuel growth while protecting founder and investor interests.

    ###  Commercial Agreements & Operational Support 

     As companies grow, day-to-day operations require increasingly sophisticated contractual frameworks. We assist with drafting, reviewing, and negotiating agreements that support innovation while reducing operational risk.

We assist with:

- - Vendor, supplier, and customer contracts
    - Licensing and intellectual-property considerations
    - Employment and contractor agreements
    - Strategic partnership agreements
    - Confidentiality and nondisclosure agreements
    - Technology development and collaboration contracts

These agreements help companies scale responsibly while protecting core assets.

    ###  Scaling, Strategic Planning & Exit Readiness 

     Growth introduces new complexities related to governance, financing, and long-term planning. We advise clients as they prepare for expansion and major transitions.

Our services include:

- - Series-level financing and investor negotiations
    - Organizational restructuring and governance updates
    - Talent and contractor expansion considerations
    - Exit-strategy planning
    - Acquisition or liquidity-event readiness

We help companies position themselves for sustainable growth and successful outcomes.

    ###  Industries & Clients We Serve 

     We represent startups and emerging ventures across:

- - Technology and software
    - Manufacturing and logistics
    - Consumer products and brands
    - Professional services
    - Life sciences and healthcare innovation
    - Real estate and development

Our clients include founders, investors, startup teams, and small but rapidly scaling organizations.

## Common Emerging Growth Questions

   ###  When should founders formalize equity arrangements? 

     Immediately. Early clarity helps prevent disputes and supports future fundraising.

    ###  Do startups need formal governance structures? 

     Yes. Investors and partners expect clear decision-making authority and accountability.

    ###  How should startups evaluate financing options? 

     Companies should consider growth stage, dilution tolerance, investor expectations, and long-term strategy.

    ###  What agreements should startups prioritize first? 

     Founder agreements, IP assignments, operating agreements, and nondisclosure agreements.

    ###  Can legal counsel help prepare for a future exit? 

     Yes. Early planning helps ensure governance, records, and contracts support due diligence and maximize value.

## How We Can Help

If your emerging company needs guidance on formation, financing, or growth strategy, [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/) is available to discuss how thoughtful legal planning can support your business objectives.

**Contact [Amy Huang Smith](https://wolfsonbolton.com/contact/) to explore strategies that help your company grow, scale, and prepare for future opportunities.**

 [ ![Amy H. Smith, corporate and mergers and acquisitions attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/01/amy-h-smith-corporate-ma-emerging-growth-attorney-troy-mi-standing.jpg "Amy H. Smith – Corporate, M&A & Emerging Growth Attorney") ](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/) 

### [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/)

**PRACTICE LEAD** – Corporate Counseling, Mergers & Acquisitions, Emerging Growth

Amy advises clients across a range of industries with forward-thinking strategy, practical guidance, clear communication, and strong follow-through through every stage of a transaction, from early planning and due diligence to negotiation, closing, and post-closing business needs.

 [  Call 248-247-7102  ](tel:248-247-7102) 

 [  View Profile  ](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/) 

### Corporate Practice Areas

- [    Commercial Restructuring & Bankruptcy ](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)
- [    Alternative Dispute Resolution ](https://wolfsonbolton.com/corporate-services/adr-facilitation/)
- [    Automotive & Supply Chain ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/)
- [    Banking & Finance ](https://wolfsonbolton.com/corporate-services/finance/)
- [    Mergers & Acquisitions ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)
- [    Real Estate ](https://wolfsonbolton.com/corporate-services/real-estate/)

### Need Legal Assistance?

Contact our Corporate Counseling team in Troy, MI.

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/)

**Categories:** Corporate Services

---

### [Corporate Counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/)

**Published:** December 29, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/ "Specialized Legal Practice Areas")» Corporate Counseling 

# Corporate Counseling

## Strategic Legal Guidance for Governance, Operations, and Long-Term Business Planning

Wolfson Bolton Kochis provides comprehensive corporate counseling services to support businesses throughout their lifecycle—from formation and growth to governance, compliance, operations, and strategic decision-making. Our corporate counseling practice works closely with executives, boards, and founders and is guided in part by [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/), who advises organizations on aligning legal strategy with business objectives.

Today’s companies operate in increasingly complex legal, regulatory, and operational environments. We help leadership teams navigate these challenges with clarity, precision, and a pragmatic understanding of how legal decisions affect day-to-day operations and long-term value. Whether advising on governance frameworks, fiduciary responsibilities, or commercial decision-making, our focus is on practical solutions that support stability and growth.

## Why Businesses Work With Our Corporate Counseling Practice

Clients rely on our corporate counseling practice because we combine legal insight with real-world business understanding.

- ### Practical, Executive-Focused Advice

Many corporate counseling matters require clear, actionable guidance—not abstract legal theory. We work closely with executives and boards to provide advice that supports timely, informed decision-making.

- ### Proactive Risk Management

We help businesses identify risk early, address issues before they escalate, and implement policies and governance structures that reduce exposure over time.

- ### Integrated Legal Perspective

Our corporate counseling work is informed by the firm’s experience in [emerging growth](https://wolfsonbolton.com/corporate-services/emerging-growth/), commercial litigation, [real estate](https://wolfsonbolton.com/corporate-services/real-estate/), and [corporate restructuring and bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/).

This cross-disciplinary perspective allows us to anticipate issues, avoid disputes, and support informed governance and operational planning.

## Governance, Board Support & Strategic Planning

Strong governance is the foundation of a resilient organization. We advise boards, officers, and management teams on their legal obligations and governance responsibilities to promote transparency, accountability, and effective leadership.

We assist with:

- Board governance structure and best practices
- Fiduciary duties and officer responsibilities
- Corporate formalities and recordkeeping
- Conflict-of-interest analysis
- Leadership and board transitions
- Crisis-management planning
- Long-term strategic planning and risk assessment

We help companies periodically evaluate governance structures to ensure they align with business goals and regulatory expectations.

## Explore Our Corporate Counseling Capabilities & Experience

   ###  Operational and Commercial Support 

     Day-to-day operations often involve decisions with significant legal implications. We help businesses establish processes, policies, and documentation that support operational efficiency while reducing risk.

We assist with:

- Vendor and customer contracts
- Employment and contractor considerations
- Policy development and compliance review
- Operational risk management
- Licensing and regulatory needs
- Supply-chain and vendor relationships

When operational disputes arise, we work closely with our [litigation](https://wolfsonbolton.com/corporate-services/litigation/) and [alternative dispute resolution](https://wolfsonbolton.com/corporate-services/adr-facilitation/) practices to pursue efficient resolutions.

    ###  Business Transitions, Succession & Growth 

     As organizations evolve, leadership and ownership transitions require thoughtful planning. We advise businesses on growth strategies and structural changes that support continuity and long-term success.

We advise on:

- Succession planning and ownership transitions
- Founder and family-business planning
- Management restructuring
- Shareholder and member agreements
- Buy-sell agreements
- Governance changes during mergers, acquisitions, or divestitures

Our counseling work frequently intersects with the firm’s [mergers & acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) and [commercial finance](https://wolfsonbolton.com/corporate-services/finance/) practices.

    ###  Industries & Clients We Serve 

     We advise businesses across:

- Manufacturing and logistics
- Professional services
- Technology and software
- Real estate development
- Retail and healthcare
- Family-owned and closely held enterprises

Our clients range from emerging companies to established organizations with national operations.

## Common Questions Regarding Corporate Counseling

   ###  When should a company reevaluate its governance structure? 

     Companies should reassess governance during periods of growth, leadership change, regulatory shifts, or operational challenge.

    ###  Do small businesses need formal governance? 

     Yes. Even small organizations benefit from documented decision-making processes and risk-management frameworks.

    ###  How can corporate counseling help prevent disputes? 

     Clear governance, strong contracts, and early issue-spotting help reduce exposure to litigation and disruption.

    ###  What is the role of corporate counsel during a crisis? 

     Corporate counsel assists with communication planning, compliance evaluation, risk management, and leadership decision-making.

## How We Can Help

If your business needs strategic legal guidance, governance support, or ongoing corporate counseling, [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/) is available to discuss how proactive legal planning can support your operational and long-term objectives.

**Contact [Amy Huang Smith](https://wolfsonbolton.com/contact/) to explore practical strategies that help your organization operate confidently and plan for sustainable growth.**

 [ ![Amy H. Smith, corporate and mergers and acquisitions attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/01/amy-h-smith-corporate-ma-emerging-growth-attorney-troy-mi-standing.jpg "Amy H. Smith – Corporate, M&A & Emerging Growth Attorney") ](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/) 

### [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/)

**PRACTICE LEAD** – Corporate Counseling, Mergers & Acquisitions, Emerging Growth

Amy advises clients across a range of industries with forward-thinking strategy, practical guidance, clear communication, and strong follow-through through every stage of a transaction, from early planning and due diligence to negotiation, closing, and post-closing business needs.

 [  Call 248-247-7102  ](tel:248-247-7102) 

 [  View Profile  ](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/) 

### Corporate Practice Areas

- [    Commercial Restructuring & Bankruptcy ](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)
- [    Alternative Dispute Resolution ](https://wolfsonbolton.com/corporate-services/adr-facilitation/)
- [    Automotive & Supply Chain ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/)
- [    Banking & Finance ](https://wolfsonbolton.com/corporate-services/finance/)
- [    Mergers & Acquisitions ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)
- [    Real Estate ](https://wolfsonbolton.com/corporate-services/real-estate/)

### Need Legal Assistance?

Contact our Corporate Counseling team in Troy, MI.

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/)

**Categories:** Corporate Services

---

### [Contact Us for a Consultation Today](https://wolfsonbolton.com/contact/)

**Published:** November 5, 2024
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» Contact Us for a Consultation Today 

# Contact Wolfson Bolton Kochis

## Wolfson Bolton Kochis stands ready to assist you with your legal needs in Michigan and beyond.

## Our Location

880 W. Long Lake Rd. | Suite 420 | Troy, MI 48098

 [ ![Map to the offices of Wolfson Bolton Kochis](https://wolfsonbolton.com/wp-content/uploads/2026/06/wolfson-bolton-kochis-contact-us-office-location-map-trpy-mi.jpg "wolfson-bolton-kochis-contact-us-office-location-map-trpy-mi") ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

Click image to view on Google Maps

## Contact Us Today

Main Office Number: 248-247-7100

## Email to Schedule a Consultation

       First Name   

  Last Name   

  Phone   

  Email   

  How can we help you?   

  Are you a new client?  I am a potential new client. I am a returning client.

   Submit Information   

Contacting us through this webpage does not establish an attorney-client relationship. Consequently, no attorney-client privilege applies to any communications sent through this platform. Additionally, information provided here will not be considered confidential. Please refrain from sharing any details related to current or potential legal matters unless we have a formal, written agreement establishing us as your legal counsel.

---

### [Christopher J. Pullman](https://wolfsonbolton.com/who-we-are/christopher-j-pullman/)

**Published:** April 6, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Christopher J. Pullman 

 ![Christopher J. Pullman Corporate Attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/christopher-j-pullman-wolfson-bolton-kochis-troy-mi-attorney-headshot.jpg "Christopher J. Pullman | Wolfson Bolton Kochis PLLC Attorney") 

# Christopher J. Pullman

## Corporate Restructuring & Bankruptcy, [Litigation](https://wolfsonbolton.com/corporate-services/litigation/) 

 [     Call Now  ](tel:248-247-7109) 

 [     Email  ](mailto:cpullman@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/christopher-j-p-9063b930/) 

Location:

Troy, MI

Admissions:

Illinois, Michigan

## Legal Expertise

 [  Litigation  ](https://wolfsonbolton.com/corporate-services/litigation/) 

 [  Corporate Restructuring & Bankruptcy  ](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) 

 [  Finance  ](https://wolfsonbolton.com/corporate-services/finance/) 

## About Christopher

Christopher J. Pullman is an associate attorney in the firm’s [**Corporate Bankruptcy & Restructuring**](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) practice area. He brings meaningful bankruptcy-court and trustee-related exposure, litigation experience, and a compliance-forward perspective from earlier work in retirement plan administration and related financial services roles.

Christopher has served as a law clerk to multiple judges of the U.S. Bankruptcy Court for the Northern District of Illinois and worked as an associate attorney in litigation.

   ##  Experience & Focus Areas 

     - Bankruptcy and restructuring matter support
- Litigation support for contested and motion-driven disputes
- Court-facing experience and practical matter management
- Compliance-forward approach informed by financial services background

    ##  Education 

     - **Boston College Law School**
    - Juris Doctor
- **Indiana University**
    - Master of Music in Composition
    - BSOF in Music and Japanese Language & Literature

    ##  Prior Work Experience 

     - **The Honorable Donald R. Cassling; The Honorable Janet S. Baer; The Honorable Timothy A. Barnes, U.S. Bankruptcy Court for the Northern District of Illinois**, Law Clerk and Extern (2023-2025 & 2015-2017)
- **D’Amura & Zaidman, PLLC**, Associate (2022-2023)
- **Optum**, Payer Market Specialist (2017-2022)
- **Chapter 13 Trustee of Boston**, Intern (2014)
- **The Honorable Peter Cary, U.S. Bankruptcy Court for the District of Maine**, Intern (2014)
- **State Street Global Advisors**, Intern (2013)
- **Nova 401(k) Associates**, Account Manager (2011-2012)
- **Loren D. Stark Company, Inc.**, Compliance Consultant (2009-2011)
- **TDH Personalized Pensions**, Plan Administrator (2007-2009)
- **The Vanguard Group**, Client Relationship Associate (2005-2007)

## Recent News & Articles

## [Wolfson Bolton Kochis Welcomes Christopher J. Pullman as Associate Attorney](https://wolfsonbolton.com/news-updates/2025/november/wolfson-bolton-kochis-welcomes-christopher-j-pullman-as-associate-attorney/)

- November 12, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/november/wolfson-bolton-kochis-welcomes-christopher-j-pullman-as-associate-attorney/) 

## [Third Circuit Reinforces Finality of Bankruptcy Confirmation Orders](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/)

- September 28, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/) 

## [Court of Appeals Confirms Trial Standard for Attorney Fees in Commercial Lease Disputes](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/)

- August 6, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/) 

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-247-7109](tel:2482477109)

 [  ](tel:248-717-9835) 

###  [ Mobile ](tel:248-717-9835) 

 [248-717-9835](tel:2487179835)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

## Bar Admissions

- Illinois
- Michigan
- Texas (Inactive)

**Tags:** Staff

---

### [Madisyn Lloyd](https://wolfsonbolton.com/who-we-are/madisyn-m-lloyd/)

**Published:** April 6, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Madisyn Lloyd 

 ![Madisyn M. Lloyd Administrative Assistant at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/madisyn-m-lloyd-wolfson-bolton-kochis-troy-mi-administrative-assistant-headshot.jpg "Madisyn M. Lloyd | Wolfson Bolton Kochis PLLC Administrative Assistant") 

# Madisyn M. Lloyd

## Administrative Assistant

 [     Call Now  ](tel:248-266-4752) 

 [     Email  ](mailto:mlloyd@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/madisyn-lloyd-517bb1268) 

Location:

Troy, MI

## Role Focus

   Administrative Support   

   Scheduling & Coordination   

   Client Communication   

   Document Handling   

## About Madisyn

Madisyn M. Lloyd is an Administrative Assistant at Wolfson Bolton Kochis. She graduated from Wayne State University with a B.A. in Political Science, cum laude, and was a member of the Irvin D. Reid Honors College. She also received the Irvin D. Reid Finish Line Award recognizing scholastic achievement.

## Honors

  Wayne State University — Irving D. Reid Finish Line Award (2025)

   ##  Experience & Focus Areas 

     - Front-line administrative and scheduling support
- Client communications and coordination
- Document handling and office process support

    ##  Education 

     - **Wayne State University**
    - B.A., Cum Laude
    - Dean’s List
    - Political Science Honors

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-266-4752](tel:2482664752)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

**Tags:** Staff

---

### [Stephanie K. Travis](https://wolfsonbolton.com/who-we-are/stephanie-k-travis/)

**Published:** April 6, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Stephanie K. Travis 

 ![Stephanie K. Travis Paralegal at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/stephanie-k-travis-wolfson-bolton-kochis-troy-mi-paralegal-headshot.jpg "Stephanie K. Travis | Wolfson Bolton Kochis PLLC Paralegal") 

# Stephanie K. Travis

## Paralegal / Office Manager

 [     Call Now  ](tel:248-247-7106) 

 [     Email  ](mailto:stravis@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/stephanie-k-travis-00b86888/) 

With Firm:

Since 2010

Location:

Troy, MI

## Role Focus

   Operations Support   

   Paralegal Support   

   Client Coordination   

   Process & Records   

   Accounts Payable and Receivable   

## About Stephanie

Stephanie K. Travis is [Wolfson Bolton Kochis PLLC](https://wolfsonbolton.com)’s **Paralegal and Office Manager** and has been with the firm since **2010**. She supports attorney workflows and firm operations with a detail-driven, client-service approach.

Stephanie is a graduate of Madonna University, where she obtained her Bachelor of Science Degree, majoring in Paralegal Studies. While attending Madonna University, she studied abroad in Paris and London. She also obtained her Associate Degree in Applied Science and Paralegal Certificate from Oakland Community College

## Honors

  Michigan Lawyers Weekly — Unsung Heroes, Class of 2024

   ##  Experience & Focus Areas 

     - Paralegal support across firm matters
- Office operations and coordination
- Documentation, organization, and process consistency
- Client-facing support and internal workflow management

    ##  Education 

     - **Madonna University**
    - B.S. Paralegal Studies
    - Dean’s List
    - Paralegal Internship supervised by an Attorney at Booth Patterson, P.C.
- **Oakland Community College**
    - Associate Degree – Applied Science, Major – Paralegal Studies
    - Dean’s List
    - Recipient of the Denny Williams Memorial Scholarship
    - Paralegal Internship supervised by an ABA Certified Paralegal at Howard & Howard PLLC

    ##  Professional Involvement 

     - **State Bar of Michigan**, Paralegal Section
- **Oakland Bar Association**, Paralegal Section
- **Federal Bar Association**, Eastern District of Michigan Chapter

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-247-7106](tel:2482477106)

 [  ](tel:248-247-7103) 

###  [ Mobile ](tel:248-247-7103) 

 [248-941-8778](tel:2489418778)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

## Certifications

- American Bar Association Paralegal Certification
- QuickBooks Certified
- Notary Public

**Tags:** Staff

---

### [Logan T. Grizzell](https://wolfsonbolton.com/who-we-are/logan-t-grizzell/)

**Published:** April 6, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Logan T. Grizzell 

 ![Logan T. Grizzell Corporate Attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/logan-t-grizzell-wolfson-bolton-kochis-troy-mi-attorney-headshot.jpg "Logan T. Grizzell | Wolfson Bolton Kochis PLLC Attorney") 

# Logan T. Grizzell

## [Litigation](https://wolfsonbolton.com/corporate-services/litigation/) 

 [     Call Now  ](tel:248-247-7098) 

 [     Email  ](mailto:lgrizzell@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/logan-grizzell-985894158) 

Location:

Troy, MI

Admissions:

Michigan

## Legal Expertise

 [  Litigation  ](https://wolfsonbolton.com/corporate-services/litigation/) 

 [  Corporate Restructuring & Bankruptcy  ](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) 

 [  Real Estate  ](https://wolfsonbolton.com/corporate-services/real-estate/) 

## About Logan

Logan T. Grizzell is an associate attorney at Wolfson Bolton Kochis. Logan’s practice focuses on commercial and [real estate litigation](https://wolfsonbolton.com/corporate-services/real-estate/), [bankruptcy and insolvency](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/), and [business disputes](https://wolfsonbolton.com/corporate-services/litigation/). He earned his J.D. from Michigan State University College of Law, where he served as an Editor of the Michigan State Law Review and prosecuted cases as an intern with the District Attorney’s Office in Colorado Springs, CO. He also holds a B.S. in Business Administration from Lawrence Technological University, where he was a student athlete, the Vice President of Finance (student government), and graduated summa cum laude.

## Awards & Recognitions

  Best Lawyers: Ones to Watch® in America (2026, 2027)

  **Michigan Super Lawyers** — Rising Star (2026)

   ##  Experience & Focus Areas 

     - Litigation for business, commercial, and real estate matters
- Strategy and case development informed by business background
- Bankruptcy litigation and corporate restructuring support

    ##  Education 

     - **Michigan State University College of Law**
    - Cum Laude Graduate
    - Michigan State Law Review
    - Dean’s List
- **Lawrence Technological University**
    - B.S., Summa Cum Laude Graduate
    - All-Conference Academic Team (Varsity Baseball)
    - Alpha Beta Gamma Honors Society

    ##  Publications & Speaking 

     ### **Selected Publications**

- [“Equitable Subrogation in Bankruptcy: A Potential Lifeline for Unsecured Creditors,”](https://businesslawtoday.org/2026/02/equitable-subrogation-in-bankruptcy-a-potential-lifeline-for-unsecured-creditors/) – *ABA Business Law Today* (February 2026)

    ##  Professional Involvement 

     - **State Bar of Michigan**
    - Litigation Section – Council Member (Term 2025-2028)

## Recent News & Articles

## [Third Circuit Reinforces Finality of Bankruptcy Confirmation Orders](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/)

- September 28, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/) 

## [Court of Appeals Confirms Trial Standard for Attorney Fees in Commercial Lease Disputes](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/)

- August 6, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/) 

## [Wolfson Bolton Kochis Secures Dismissal for Client in Complex Cross-Border Commercial Dispute](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-secures-dismissal-for-client-in-complex-cross-border-commercial-dispute/)

- July 30, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-secures-dismissal-for-client-in-complex-cross-border-commercial-dispute/) 

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-247-7098](tel:2482477098)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

## Bar Admissions

- Michigan
- U.S. District Court,Eastern District of Michigan
- U.S. District Court, Western District of Michigan
- U.S. Bankruptcy Court for the Eastern District of Michigan
- U.S. Bankruptcy Court for the Western District of Michigan

**Tags:** Staff

---

### [Rosanna-L-Ameriguian](https://wolfsonbolton.com/who-we-are/rosanna-l-ameriguian/)

**Published:** April 6, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Rosanna-L-Ameriguian 

 ![Rosanna L. Ameriguian Corporate Attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/rosanna-l-ameriguian-wolfson-bolton-kochis-troy-mi-attorney-headshot.jpg "Rosanna L. Ameriguian | Wolfson Bolton Kochis PLLC Attorney") 

# Rosanna L. Ameriguian

## [Corporate Counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/), [Real Estate](https://wolfsonbolton.com/corporate-services/real-estate//), [Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)

 [     Call Now  ](tel:248-781-8106) 

 [     Email  ](mailto:rameriguian@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/rosanna-ameriguian/) 

Location:

Troy, MI

Admissions:

Michigan

## Legal Expertise

 [  Corporate Counseling  ](https://wolfsonbolton.com/corporate-services/corporate-counseling/) 

 [  Real Estate  ](https://wolfsonbolton.com/corporate-services/real-estate/) 

 [  Mergers & Acquisitions  ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) 

## About Rosanna

Rosanna L. Ameriguian is an associate attorney supporting the firm’s [**Corporate Counseling**](https://wolfsonbolton.com/corporate-services/corporate-counseling/), [**Real Estate**](https://wolfsonbolton.com/corporate-services/real-estate/), and [**Mergers & Acquisitions**](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) practice areas

She is a graduate of University of Detroit Mercy School of Law (J.D., cum laude) and the University of Michigan (B.A., with honors). In law school, Rosanna earned multiple academic distinctions and served as a student attorney in the Environmental Law Clinic. She also was the recipient of a selective, full-tuition fellowship awarded to students demonstrating academic excellence, leadership, and service.

Leveraging her background in commercial and construction litigation, real estate law, and intellectual property law, Rosanna brings an insightful and well-rounded approach to her transactional practice.

## Awards & Recognitions

  **Women Lawyers Association of Michigan** — Leadership Class (2023)

  **Evereg-Fenesse Educational Society** — Seven-time Grant Recipient (2017-2024), Kaylian Grant Recipient (2024)

   ##  Experience & Focus Areas 

     - Corporate and real estate support for business clients
- Transactional guidance informed by dispute and project-risk exposure
- Practical issue-spotting and deal support aligned with business goals

    ##  Education 

     - **University of Detroit Mercy School of Law**
    - J.D., Cum Laude
    - Dean’s Fellowship and Full-Tuition Scholarship Recipient
    - Dean’s List
    - CALI Book Award, Highest Grade in Estates & Trusts
    - Environment Law Clinic, Student Attorney
    - Moot Court Junior Competition, First Runner-Up
- **University of Michigan**
    - B.A. with Honors, Political Science

    ##  Publications & Speaking 

     ### **Selected Publications**

- [*Supreme Court Voids the Concept of Void Judgments*,](https://wolfsonbolton.com/news-updates/2026/march/supreme-court-voids-the-concept-of-void-judgments/) (March 3, 2026)
- [*Should They Stay or Should They Go? SCOTUS Resolves the Circuit ‘Clash’ on the Fate of Arbitrable Claims*, ](https://www.dri.org/newsletters/brief-case/2024/nov-dec)Defense Research Institute (November/December 2024, vol. 3, no. 10)

- State-by-State Guide to Architect, Engineer, and Contractor Licensing, Second Edition, Author Michigan Chapter

**Selected Speacking Engagements**

- “Legal Update for Building Owners and Managers”, BOMA Metro Detroit (May 2025)
- “Distressed Companies and Receiverships”, Detroit Bar Association Inn of Court (March 2025)

    ##  Professional Involvement 

     - **Detroit Bar Association**
- **Oakland County Bar Association**
- **Women Lawyers Association of Michigan**

## Recent News & Articles

## [Third Circuit Reinforces Finality of Bankruptcy Confirmation Orders](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/)

- September 28, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/) 

## [Court of Appeals Confirms Trial Standard for Attorney Fees in Commercial Lease Disputes](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/)

- August 6, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/) 

## [Wolfson Bolton Kochis Secures Dismissal for Client in Complex Cross-Border Commercial Dispute](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-secures-dismissal-for-client-in-complex-cross-border-commercial-dispute/)

- July 30, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-secures-dismissal-for-client-in-complex-cross-border-commercial-dispute/) 

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-781-8106](tel:2487818106)

 [  ](tel:248-247-7103) 

###  [ Mobile ](tel:248-247-7103) 

 [248-840-5092](tel:2488405092)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

## Bar Admissions

- Michigan
- U.S. District Court,Eastern District of Michigan
- U.S. District Court, Western District of Michigan

**Tags:** Staff

---

### [Eric A. Zacks](https://wolfsonbolton.com/who-we-are/eric-a-zacks/)

**Published:** April 6, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Eric A. Zacks 

 ![Erik A. Zacks Corporate Attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/eric-a-zacks-wolfson-bolton-kochis-troy-mi-attorney-headshot.jpg "Erik A. Zacks | Wolfson Bolton Kochis PLLC Attorney") 

# Eric A. Zacks

## [Corporate Counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/), [Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/), [Emerging Growth](https://wolfsonbolton.com/corporate-services/emerging-growth/), [Finance](https://wolfsonbolton.com/corporate-services/finance/)

 [     Call Now  ](tel:248-672-7181) 

 [     Email  ](mailto:ezacks@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/eric-zacks-a0b73114/) 

Experience:

23+ Years in M&A and Finance

Location:

Troy, MI

Admissions:

Michigan

## Legal Expertise

 [  Mergers & Acquisitions  ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) 

 [  Emerging Growth  ](https://wolfsonbolton.com/corporate-services/emerging-growth/) 

 [  Finance  ](https://wolfsonbolton.com/corporate-services/finance/) 

 [  Corporate Counseling  ](https://wolfsonbolton.com/corporate-services/corporate-counseling/) 

## About Eric

Eric A. Zacks advises private businesses, investors, and individuals on **mergers and acquisitions**, **debt and equity financings**, and core corporate matters. He supports transactions and operational needs, including acquisitions/divestitures, management equity and employment arrangements, and various other corporate/operations agreements.

Eric is also a tenured faculty member at Wayne State University Law School, teaching mergers & acquisitions, corporate finance, and other transactional law courses. His scholarship focuses on contract law and, in particular, contract drafting practices and their implications for contract law development.

## Awards & Recognitions

  **Wayne State University Law School®** — Donald H. Gordon Award for Excellence in Teaching (2013), Professor of the Year (2012-2013)

   ##  Experience & Focus Areas 

     - Mergers & acquisitions: deal strategy, negotiation, and execution
- Finance: debt and equity financings
- Corporate counseling for privately-held businesses and investors
- Contracting and commercial agreements, including supplier and sales rep agreements
- Management equity and employment arrangement support

    ##  Education 

     - **Harvard Law School**
    - Juris Doctor
    - Honors: Magna Cum Laude
- **University of Michigan**
    - B.A. in Political Science
    - Honors: Graduated with High Distinction
    - Pi Sigma Alpha, Political Science Honor Society
    - Sigma lota Rho, Honor Society for International Studies
    - Phi Beta Kappa

    ##  Publications & Speaking 

     ### **Selected Publications**

- Contract and Fraud, 26 U. PA. J. BUS. L. 570 (2024)
- Contract Consentability: Autonomy Threats, Benefits, and Framing, 65 LOY. L. REV. 103 (2020)
- The Restatement (Second) of Contracts §211: Unfulfilled Expectations and the Future of Modern Standardized Consumer Contracts, 7 WM. & MARY BUS. L. REV 733 (2016)
- The Moral Hazard of Contract Drafting, 42 FLA. ST. U. L. REV. 991 (2015)
- A Standing Question: Mortgages, Assignment and Foreclosure, 40 J. CORP. L. 705 (2015) (with Dustin A. Zacks)
- Contract Review: Cognitive Bias, Moral Hazard, and Situational Pressure, 9 OHIO ST. ENTREPREN. BUS. L.J. 379 (2015)
- Shame, Regret, and Contract Design, 97 MARQ. L. REV. 695 (2014)
- Contracting Blame, 15 U. PA. J. BUS. L. 169 (2012)

    ##  Professional Involvement 

     - **Oakland County Bar Association**
- **MCHS Family of Services**, Director
- **Pembroke Academy**, Director (2018-2025)
- **Detroit Institute of Arts**, Founders Junior Council (2019-2023)
- **Michigan Board of Nursing**, Board Member (2018-2022)
- **Pope Francis Center**, Director (2018-2021)

    ##  Prior Employment 

     - **Honigman Miller Schwartz and Cohn LLP
    
    - Corporate and Securities Department, Partner (January 2007 – June 2010)
    - Associate (September 2002 – December 2006)

## Recent News & Articles

## [Third Circuit Reinforces Finality of Bankruptcy Confirmation Orders](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/)

- September 28, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/) 

## [Court of Appeals Confirms Trial Standard for Attorney Fees in Commercial Lease Disputes](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/)

- August 6, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/) 

## [Wolfson Bolton Kochis Secures Dismissal for Client in Complex Cross-Border Commercial Dispute](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-secures-dismissal-for-client-in-complex-cross-border-commercial-dispute/)

- July 30, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-secures-dismissal-for-client-in-complex-cross-border-commercial-dispute/) 

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-672-7181](tel:2486727181)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

## Bar Admissions

- Michigan

**Tags:** Staff

---

### [Jason B. Puscas](https://wolfsonbolton.com/who-we-are/jason-b-puscas/)

**Published:** April 5, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Jason B. Puscas 

 ![Jason B. Puscas, Corporate Attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/jason-b-puscas-wolfson-bolton-kochis-troy-mi-attorney-headshot.jpg "Jason B. Puscas | Wolfson Bolton Kochis PLLC Attorney") 

# Jason B. Puscas

## Of Counsel — Corporate Counseling, Regulatory Compliance, Public Policy & Governance

 [     Call Now  ](tel:248-709-4866) 

 [     Email  ](mailto:jpuscas@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/jasonpuscas/) 

Experience:

10+ Years

Location:

Troy, MI

Admissions:

Michigan

## Legal Expertise

 [  Corporate Counseling  ](https://wolfsonbolton.com/corporate-services/corporate-counseling/) 

 [  Regulatory Compliance  ](https://wolfsonbolton.com/corporate-services/regulatory-compliance/) 

 [  Emerging Growth  ](https://wolfsonbolton.com/corporate-services/emerging-growth/) 

 [  Mergers & Acquisitions  ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) 

## About Jason

Jason B. Puscas is Of Counsel at Wolfson Bolton Kochis. Based in Troy, Michigan, he supports clients with corporate and nonprofit governance, corporate transactions, employment matters, and regulatory compliance, and assists clients in fundraising, investments, and capital rounds, and with other matters involving SEC-related considerations. His background spans corporate, government, and nonprofit environments, helping him translate complex legal and regulatory issues into practical business decisions.

Jason has successfully shaped and implemented policy strategies at the local, state, and federal levels, leveraging skills in legal research, grant and incentive acquisition, and public-private collaboration. Jason is an experienced communicator and project manager, comfortable engaging stakeholders from the boardroom to the community, with a talent for translating complex legal issues into actionable business insights.

   ##  Experience & Focus Areas 

     - Corporate counseling, governance support, and policy-aligned strategy
- Contract drafting and negotiation for business operations
- Employment-related guidance and workplace issue support
- Regulatory compliance counseling, including risk and ethics considerations
- Financing transactions and SEC compliance support
- Stakeholder strategy informed by legislative and public policy experience

    ##  Education 

     - **Western Michigan University Cooley Law School**
    - Juris Doctor
    - Honors: Cum Laude
    - Senior Associate Editor, Law Review
- **Grand Valley State University**
    - B.S. in Political Science

    ##  Publications & Speaking 

     ### **Selected Speaking Engagements**

- “100 Days and Beyond: Presidential Policy Shifts Impacting Automotive”. Society of Automotive Analysts, Panel Discussion (March 2025)
- “The Road Ahead: 7 Technologies Poised to Transform Michigan’s Mobility Industry”, Global Epicenter of Mobility (GEM) Panel Discussion (January 6, 2025)

    ##  Professional Involvement 

     - **Oakland County Bar Association**
- **MCHS Family of Services**, Director
- **Forgotten Harvest**, Director
- **Pembroke Academy**, Director (2018-2025)
- **Detroit Institute of Arts**, Founders Junior Council (2019-2023)
- **Michigan Board of Nursing**, Board Member (2018-2022)
- **Pope Francis Center**, Director (2018-2021)

    ##  Prior Employment 

     - **Bollinger Motors, Inc.**
    - Chief Administrative Officer, General Counsel & Corporate Secretary (2021–2025)
- **MichAuto**
    - Director, Government & Community Affairs (2018–2021)
- **Detroit Regional Chamber**
    - Director, Government Relations (2014–2019)
- **Michigan House of Representatives**
    - Legislative Director (2011–2014)
- **Frank Foster for State Representative**
    - Campaign Manager (2009–2010)

## Recent News & Articles

## [Third Circuit Reinforces Finality of Bankruptcy Confirmation Orders](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/)

- September 28, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/) 

## [Court of Appeals Confirms Trial Standard for Attorney Fees in Commercial Lease Disputes](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/)

- August 6, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/) 

## [Wolfson Bolton Kochis Secures Dismissal for Client in Complex Cross-Border Commercial Dispute](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-secures-dismissal-for-client-in-complex-cross-border-commercial-dispute/)

- July 30, 2025

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-secures-dismissal-for-client-in-complex-cross-border-commercial-dispute/) 

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-709-4866](tel:2487094866)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

## Bar Admissions

- Michigan
- U.S. District Court, Eastern District of Michigan

**Tags:** Staff

---

### [Thomas J. Howlett](https://wolfsonbolton.com/who-we-are/thomas-j-howlett-real-estate-attorney/)

**Published:** April 1, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Thomas J. Howlett 

 ![Thomas J. Howlett, Attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/thomas-j-howlett-wolfson-bolton-kochis-troy-mi-attorney-headshot.jpg "Thomas "Jake" Howlett | Wolfson Bolton Kochis PLLC Attorney") 

# Thomas J. "Jake" Howlett

## Practice Lead — [Corporate Real Estate](https://wolfsonbolton.com/corporate-services/real-estate/)
Commercial Litigation 

 [     Call Now  ](tel:248-247-7107) 

 [     Email  ](mailto:thowlett@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/jake-howlett-82247437/) 

Location:

Troy, MI

Admissions:

Michigan & Federal Court

## Legal Expertise

 [  Real Estate  ](https://wolfsonbolton.com/corporate-services/real-estate/) 

 [  Litigation  ](https://wolfsonbolton.com/corporate-services/litigation/) 

 [  Land Use & Development  ](https://wolfsonbolton.com/corporate-services/real-estate/) 

 [  Commercial Lending  ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/) 

 [  Real Estate Acquisition & Disposition  ](https://wolfsonbolton.com/corporate-services/real-estate/) 

 [  Real Estate Disputes  ](https://wolfsonbolton.com/corporate-services/real-estate/) 

## About Jake

Thomas J. “Jake” Howlett is Practice Lead for **Real Estate** at Wolfson Bolton Kochis. Based in **Troy, Michigan**, Jake represents business clients in **real estate** and complex **commercial litigation** matters. He leverages his experience as an attorney and former executive with a major real estate development company to evaluate disputes and transactions from both a business and legal perspective, aiming to resolve issues efficiently and with minimal disruption to operations.

Jake serves as real estate counsel on transactions and development projects involving significant commercial, industrial, and office properties across the United States, including land use and development matters, sales, and leasing. Jake also handles [real estate](https://wolfsonbolton.com/corporate-services/real-estate/) disputes and [litigation](https://wolfsonbolton.com/corporate-services/litigation/).

## Awards & Recognitions

  **The Best Lawyers in America®** — Real Estate Law (2022-2023, 2025-2027)

  **Michigan Super Lawyer**s — Real Estate (2025, 2026)

  **DBusiness Magazine "Top Lawyers"** — Real Estate Law 2024); Municipal Law (2021)

## When to Contact Jake

- You’re buying, selling, developing, or leasing commercial or industrial property (see [Real Estate](https://wolfsonbolton.com/corporate-services/real-estate/))
- A land use or development issue is delaying a project or requires municipal approval (see [Real Estate](https://wolfsonbolton.com/corporate-services/real-estate/))
- A real estate dispute is escalating and needs litigation-ready counsel (see [Litigation](https://wolfsonbolton.com/corporate-services/litigation/))
- You want a business-forward approach to reduce disruption and move matters to resolution

   ##  Experience & Focus Areas 

     **Real estate transactions & development**

- Commercial, industrial, and office projects
- Sales, acquisitions and project support

 **Land use & development**

- Strategy and execution for development approvals and issues
- Zoning, municipal approval, and government negotiation and strategy

 **Leasing**

- Commercial leasing transactions and dispute prevention

 **Real estate disputes & commercial litigation**

- Representation in commercial matters with a focus on real estate disputes

    ##  Education 

     - **Washington University in St. Louis School of Law** — J.D. Internship with U.S. Senator Carl Levin (Permanent Subcommittee on Investigations)
- **Duke University** — B.A.

    ##  Professional Involvement 

     - **State Bar of Michigan** — ADR, Government Law, Real Property Law, and Litigation Sections
- **Macomb County Bar Association**
- **Macomb County Chamber of Commerce**

    ##  Civic & Community Work 

     - **Grosse Pointe Foundation for Public Education** — Board of Directors Advisory Board
- **Former City Attorney** — Grosse Pointe Park, Macomb Township, and Center Line
- **St. Paul on the Lake** Athletics/Coach

    ##  Prior Employment 

     - **Bodman PLC** — Partner
- **Crown Enterprises, LLC** — President
- **Viviano, Pagano and Howlett PLLC** — Partner

## Recent News & Articles

## [Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/)

- August 26, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

## [Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2027 Edition; Scott A. Wolfson named a “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/)

- August 20, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

## [Wolfson Family Resilience Scholarship Announces 2026 Recipients](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/)

- June 15, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/) 

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-247-7107](tel:2482477107)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

## Bar Admissions

- Michigan
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Western District of Michigan

**Tags:** Staff

---

### [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/)

**Published:** April 1, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Peter C. Bolton 

 ![Peter C. Bolton, Managing Partner at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/peter-c-bolton-wolfson-bolton-kochis-troy-mi-attorney-headshot.jpg "Peter C. Bolton | Wolfson Bolton Kochis PLLC Attorney") 

# Peter C. Bolton

Practice Lead — [Automotive & Supply Chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/)
Practice Lead — [Finance](https://wolfsonbolton.com/corporate-services/finance/)

 [     Call Now  ](tel:248-247-7104) 

 [     Email  ](mailto:pbolton@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/peter-bolton-a2b29622/) 

Experience:

29 Years

Location:

Troy, MI

Admissions:

Michigan & Federal Court

## Legal Expertise

 [  Automotive Supply Chain  ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/) 

 [  Finance  ](https://wolfsonbolton.com/corporate-services/finance/) 

 [  Mergers & Acquisitions  ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) 

 [  Distressed M&A / Asset Purchases (363 / Article 9)  ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) 

 [  Loan Workouts & Restructuring  ](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) 

 [  Bankruptcy & Insolvency Counsel  ](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) 

 [  Supplier Continuity & Risk Management  ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/) 

 [  Private Equity / Emerging Growth  ](https://wolfsonbolton.com/corporate-services/emerging-growth/) 

## About Pete

Peter C. Bolton is Practice Lead for **Automotive & Supply Chain** and **Finance** at Wolfson Bolton Kochis. He has a diverse national business law practice focused on purchasing and supply chain management, finance, and mergers and acquisitions—particularly in **distressed scenarios**. Drawing on significant experience across the financial and automotive industries, Pete counsels original equipment manufacturers, automotive suppliers, lenders, private equity groups, family offices, and publicly and privately held businesses on complex commercial matters.

Pete advises debtors and creditors on bankruptcy and insolvency issues, including **continuity-of-supply** strategies involving non-performing, financially distressed, or bankrupt automotive and other suppliers. He also represents buyers and stakeholders in acquiring assets through **receivership**, **bankruptcy sales under § 363**, and **Article 9 sales**, and he serves as outside general counsel for many clients, counseling them on purchase order terms and conditions and other contractual matters. Related practices include [Automotive & Supply Chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/), [Finance](https://wolfsonbolton.com/corporate-services/finance/), [Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/), and [Corporate Bankruptcy & Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com).

## Awards & Recognitions

  **The Best Lawyers in America®** (2016-2018, 2021, 2023-2027)

  **Michigan Super Lawyer**s (2012, 2020-2026)

## When to Contact Pete

- You need counsel on **supplier distress** and continuity-of-supply risk (see [Automotive & Supply Chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/))
- You are pursuing or defending a **loan workout, restructuring, or enforcement strategy** (see [Corporate Bankruptcy & Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com))
- You’re evaluating a **distressed acquisition** (receivership, § 363, or Article 9 sale) (see [Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/))
- A supplier/customer is financially distressed or entering **bankruptcy/insolvency** (see [Corporate Bankruptcy & Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com))
- Your business is involved in a **major commercial dispute** with significant exposure (see [Litigation](https://wolfsonbolton.com/corporate-services/litigation/))
- You need a pragmatic outside counsel partner for ongoing business/legal strategy (see [Corporate Counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/))

   ##  Experience & Focus Areas 

     **Automotive & supply chain counseling**

- Purchasing and supply chain management counseling for OEMs and suppliers
- Continuity-of-supply strategy when a supplier is distressed, non-performing, or bankrupt (related: [Automotive & Supply Chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/))
- Practical risk-management guidance informed by his role as the global supplier risk manager for a tier one automotive supplier

 **Finance, workouts, and restructuring**

- Representation of major corporations, including financial institutions, in multi-million-dollar business disputes (related: [Litigation](https://wolfsonbolton.com/corporate-services/litigation/))
- Loan workouts, restructurings, and enforcement strategy in distressed situations (related: [Finance](https://wolfsonbolton.com/corporate-services/finance/))
- Counseling debtors and creditors on bankruptcy and insolvency-related issues (related: [Corporate Bankruptcy & Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com))

 **Distressed M&A and asset purchases**

- Asset purchases out of receivership and insolvency proceedings
- Bankruptcy asset acquisitions pursuant to **§ 363** of the Bankruptcy Code (related: [Corporate Bankruptcy & Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com))
- Asset purchases through **Article 9 sales** and other distressed transaction pathways (related: [Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/))

 **Mergers & acquisitions and private capital transactions**

- Representation of private equity groups and family offices (related: [Emerging Growth](https://wolfsonbolton.com/corporate-services/emerging-growth/))
- Mergers, acquisitions, divestitures, and related commercial transactions (related: [Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/))
- Financing matters and restructuring of debt in performing and financially distressed scenarios (related: [Finance](https://wolfsonbolton.com/corporate-services/finance/) and [Corporate Bankruptcy & Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com))

 **Common issues Pete is brought in to address**

- A key supplier is failing and continuity-of-supply needs to be protected
- A company is pursuing a distressed buy-side opportunity (363/receivership/Article 9)
- A lender or borrower needs a path through a workout or restructure
- A dispute involves complex commercial exposure and business-critical outcomes
- A business wants outside general counsel support with practical, industry-informed guidance

    ##  Education 

     - **University of Detroit Mercy School of Law** — J.D., Summa Cum Laude; Associate Editor, Law Review
- **Michigan State University** — B.A., Financial Administration; Highest Honors

    ##  Publications & Speaking 

     ### **Selected Publications**

- [“Back to the Future – Reviving Customer Groups in Automotive Supplier Workouts”](https://www.tmajcr.org/journalofcorporaterenewal/november_2025/MobilePagedReplica.action?pm=2&folio=6#pg8), *Journal of Corporate Renewal,* November 2025
- “Insurance Law, Michigan Insurance Statute, A Bank May Own an Insurance Agency Provided it Employs Proper Safeguards”, *University of Detroit Mercy Law Review*, Volume 73, Issue 1, Fall 1995

### **Selected Presentation**

- “Asset Purchases in Distressed Situations,” University of Detroit Mercy School of Law (March 7, 2011)

    ##  Professional Involvement 

     - ****Turnaround Management Association****
- **Shrine Catholic Schools Unified School Board**, Past Chairperson

    ##  Prior Employment 

     - **NBD Bank / First Chicago Capital Markets** — Commercial Lender (1990–1995); Director, Syndications Department (1995–1997)
- **Honigman Miller Schwartz and Cohn LLP** — Associate (1997–2001); Partner (2002–2005)
- **Foley & Lardner LLP** — Associate (2001–2002)
- **Compliance Systems, Inc.** — Lending Product Manager/Team Leader (2005–2007)
- **Visteon Corporation** — Associate Director, Global Supplier Risk Management (2007–2009)

## Recent News & Articles

## [Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/)

- August 26, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

## [Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2027 Edition; Scott A. Wolfson named a “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/)

- August 20, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

## [Wolfson Bolton Kochis Recognized in TMA Detroit Transaction of the Year Award](https://wolfsonbolton.com/news-updates/2026/march/wolfson-bolton-kochis-recognized-in-tma-detroit-transaction-of-the-year-award/)

- March 26, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/march/wolfson-bolton-kochis-recognized-in-tma-detroit-transaction-of-the-year-award/) 

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-247-7104](tel:2482477104)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](tel:248-703-1281) 

###  [ Mobile ](tel:248-703-1281) 

 [248-703-1917](tel:2470319171)

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

## Bar Admissions

- Michigan
- U.S. District Court, Eastern District of Michigan

**Tags:** Staff

---

### [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/)

**Published:** April 1, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Anthony J. Kochis 

 ![Anthony J. Kochis | Wolfson Bolton Kochis PLLC Attorney](https://wolfsonbolton.com/wp-content/uploads/2026/04/anthony-j-kochis-wolfson-bolton-kochis-troy-mi-attorney-headshot.jpg "anthony-j-kochis-wolfson-bolton-kochis-troy-mi-attorney-headshot") 

# Anthony J. Kochis

Practice Lead — Litigation
Commercial Litigation, [Bankruptcy & Insolvency](https://www.wolfsonbolton.com/corporate-services/corporate-restructuring-and-bankruptcy), [Automotive Supply Chain](https://www.wolfsonbolton.com/corporate-services/automotive-supply-chain)

 [     Call Now  ](tel:248-247-7105) 

 [     Email  ](mailto:akochis@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/anthony-kochis-2335578/) 

Location:

Troy, MI

Admissions:

Michigan & Federal Court

## Legal Expertise

 [  Litigation  ](https://wolfsonbolton.com/corporate-services/litigation/) 

 [  Corporate Restructuring & Bankruptcy  ](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) 

 [  Business Disputes  ](https://wolfsonbolton.com/corporate-services/adr-facilitation/) 

 [  Automotive & Supply Chain  ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/) 

 [  Receivership & Insolvency Strategy  ](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) 

 [  Creditor / Debtor Rights  ](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) 

 [  Dispute Resolution Strategy  ](https://wolfsonbolton.com/corporate-services/litigation/) 

## About Anthony

Anthony J. Kochis is Practice Lead for [**Litigation**](https://wolfsonbolton.com/corporate-services/litigation/) at Wolfson Bolton Kochis. Based in **Troy, Michigan**, his practice focuses on [commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/), [bankruptcy and insolvency](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/), business disputes, and [automotive supply chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain-lawyers/) issues. Anthony has successfully represented Fortune 10 companies, closely held businesses, and individuals in state, federal, and out-of-court matters involving complex and diverse disputes.

Anthony brings experience across high-stakes commercial matters and financially distressed situations, including litigation strategy, creditor/debtor issues, and supply chain disputes. Related practices include [Litigation](https://wolfsonbolton.com/corporate-services/litigation/), [Corporate Bankruptcy & Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com), and [Automotive & Supply Chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/).

**Judicial experience:** Judicial Intern to the Hon. Robert H. Cleland, U.S. District Court for the Eastern District of Michigan (2007).

## Awards & Recognitions

  **The Best Lawyers in America®** (2024–2027)

  **DBusiness Magazine’s Top Lawyers** — Bankruptcy & Creditor/Debtor Rights Law (2026)

  **Michigan Lawyers Weekly** — Go To Lawyer for Business Litigation (2025), UP & Coming Lawyer Award (2016)

  **Michigan Super Lawyer**s — Debtor / Creditor Rights (2022-2026), Rising Stars (2010-2021)

  **TMA Detroit** — nextGen Top of the Class Award (2016)

## When to Contact Anthony

- You are facing a high-stakes **commercial dispute** and need an efficient litigation strategy (see [Litigation](https://wolfsonbolton.com/corporate-services/litigation/))
- A customer, supplier, or counterparty is distressed and litigation risk is increasing (see [Corporate Bankruptcy & Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com))
- You need guidance on **creditor/debtor rights** or insolvency-related litigation (see [Corporate Bankruptcy & Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com))
- A supply chain dispute is impacting operations, pricing, performance, or continuity-of-supply (see [Automotive & Supply Chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/))
- A receivership or distressed asset scenario is developing and you need court-ready counsel (see [Corporate Bankruptcy & Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com))

   ##  Experience & Focus Areas 

     **Commercial litigation and business disputes**

- Litigation strategy and representation in complex commercial disputes in state and federal courts
- Representation of Fortune 10 companies, closely held businesses, and individuals in diverse litigation matters
- Practical case planning designed to reduce risk, expense, and operational distraction (related: [Litigation](https://wolfsonbolton.com/corporate-services/litigation/))

 **Bankruptcy and insolvency-related litigation**

- Creditor/debtor disputes and litigation involving insolvency issues
- Litigation strategy in matters connected to financially distressed counterparties
- Counsel in disputes where bankruptcy, insolvency, or restructuring issues are driving leverage (related: [Corporate Bankruptcy & Restructuring](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com))

 **Automotive supply chain disputes**

- Disputes and counseling involving automotive and supply chain risk
- Strategy for supplier/customer distress scenarios that impact operations and continuity
- Commercial solutions aligned with business realities (related: [Automotive & Supply Chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/))

 **Common issues Anthony is brought in to address**

- A high-exposure business dispute requires aggressive but practical litigation strategy
- A financially distressed counterparty is increasing litigation risk or leverage dynamics
- A company needs to protect contract rights in a supply chain disruption scenario
- A creditor/debtor dispute is headed toward bankruptcy litigation or receivership
- A matter requires coordinated strategy across litigation and insolvency considerations

    ##  Education 

     - **Wayne State University Law School** — J.D.; Magna Cum Laude; Order of the Coif
- **University of Michigan–Dearborn** — B.A.; Distinguished Scholar with High Distinction; Honor’s Scholar Award (Political Science)

    ##  Publications & Speaking 

     ### **Recent Publications**

- [“Avoiding the “Harmless” Transfers”](https://wolfsonbolton.com/wp-content/uploads/2025/08/Kochis-Last-in-Line-Article-2025.pdf), *American Bankruptcy Institute Journal*, August 2025
- “Give Me Back My Stuff! Mere Retention of Property Does Not Violate the Bankruptcy Code”, *State Bar of Michigan Litigation Newslette*r, Summer 2021
- [“Testing the Waters of the Safe Harbor”](https://www.wolfsonbolton.com/documents/staff/Testingthewaters.1).pdf), *American Bar Association – Business Law Today*, January 2017
- [“Golden Guernsey: A WARNing to Directors and Officers”](https://www.wolfsonbolton.com/documents/staff/news_04-16.1).pdf), *American Bankruptcy Institute Journal*, April 2016
- [“Unflopping the Debtor: Finding Fairness in Financing”](https://www.wolfsonbolton.com/documents/staff/lastinline.1).pdf), *American Bankruptcy Institute Journal*, November 2013
- [“Defending Against Preferential Transfers Post-BAPCPA: Understanding The ‘Ordinary Business Terms’ Defense”](https://www.wolfsonbolton.com/documents/staff/Spring2010.pdf), *The Michigan Business Law Journal*, Volume 30, Issue 1 (Spring 2010)

### **Selected Speaking Engagements**

- Unpacking Merchant Cash Advances: Priority, Pitfalls, and Practice in Bankruptcy (2025)
- Receivership, TMA Mid-America Regional Conference (2024)
- Section 523 Nondischargeability Litigation: Plaintiff and Defense Strategies,
    Strafford Publications, Inc. (2020)
- Small Business Reorganization Act of 2019, American Bankruptcy Institute’s
    Central States Virtual Conference (2020)
- Shapero Cup Regional Moot Court Competition and Symposium, Presenter (2019)
- Defending § 523 Adversary Proceedings, Hon. Steven W. Rhodes Consumer Bankruptcy Conference (2018)
- Limited Liability Companies & Fiduciary Duties: For Better or For Worse in
    Sickness & in Health, Western District of Michigan’s 30th Annual Bankruptcy Seminar (2018)
- Chapter 7 Issues and Hot Topics, American Bankruptcy Institute’s Central States
    Conference (June 2017)

    ##  Professional Involvement 

     - **American Bankruptcy Institute**
- **Turnaround Management Association**
- **State Bar of Michigan — Litigation Section**
    - Chair (2024–2025)
    - Chair Elect (2023–2024)
    - Secretary (2022–2023)
    - Treasurer (2021–2022)
    - Governing Council (2016–2021)
- **State Bar of Michigan** — Representative Assembly (2015–2018)
- **U.S. Bankruptcy Court for the Eastern District of Michigan**, Pro Bono Attorney Volunteer (2012–present)

## Recent News & Articles

## [Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/)

- August 26, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

## [Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2027 Edition; Scott A. Wolfson named a “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/)

- August 20, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

## [Wolfson Family Resilience Scholarship Announces 2026 Recipients](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/)

- June 15, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/) 

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-247-7105](tel:2482477105)

 [  ](tel:248-703-1281) 

###  [ Mobile ](tel:248-703-1281) 

 [248-835-2166](tel:2488352166)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

## Bar Admissions

- Michigan
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Western District of Michigan
- U.S. Court of Appeals for the Sixth Circuit

**Tags:** Staff

---

### [Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/)

**Published:** April 5, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Michelle H. Bass 

 ![Michelle H. Bass, Consumer Bankruptcy Attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/michelle-h-bass-wolfson-bolton-kochis-troy-mi-attorney-headshot.jpg "Michelle H. Bass | Wolfson Bolton Kochis PLLC Attorney") 

# Michelle H. Bass

## Practice Lead — [Consumer Bankruptcy](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/)

 [     Call Now  ](tel:248-247-7070) 

 [     Email  ](mailto:mbass@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/scott-wolfson-49630b7) 

Experience:

**Nearly Two Decades of Consumer and Small Business Restructuring**

Location:

Troy, MI

## Legal Expertise

 [  Consumer Bankruptcy  ](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/) 

 [  Small Business Owner Restructuring  ](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) 

 [  High-Net-Worth Individual Reorganization  ](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/) 

 [  Debt Resolution  ](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/) 

 [  Workouts  ](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/) 

 [  Creditor / Debtor Rights  ](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/) 

 [  Foreclosure & Repossession Prevention  ](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/) 

## About Michelle

Michelle H. Bass is a partner at Wolfson Bolton Kochis PLLC and Practice Lead for **Consumer Bankruptcy**. Based in **Troy, Michigan**, she manages the firm’s consumer bankruptcy practice and represents both **debtors and creditors** in consumer bankruptcy proceedings. As an **American Board Certified Consumer Bankruptcy Attorney**, Michelle is known for practical, results-driven strategies for individuals and families navigating complex financial issues.

Michelle primarily represents individual consumer debtors in **Chapter 7 liquidations** and **Chapter 13**, **Chapter 11**, and **Chapter 11 Subchapter V** reorganizations. Her clients range from small business owners and high-net-worth/high-income individuals to individuals seeking to prevent foreclosure or repossession of secured collateral. She also represents parties in divorce-related bankruptcy matters and frequently speaks on the intersection of bankruptcy and family law disputes.

## Awards & Recognitions

  **American College of Bankruptcy** — Fellow (37th Class) 2026

  **The Best Lawyers in America®** — Bankruptcy & Creditor/Debtor Rights (2010-2027); Bankruptcy Litigation (2026, 2027)

  **Michigan Super Lawyer**s — Bankruptcy (2023-2026); Rising Stars (2014-2022)

  **DBusiness Magazine's Top Lawyers** — Bankruptcy & Creditor/Debtor Rights Law (2025)

  **Leading Lawyers** (2023-2026)

  **American Board of Certification** — Board Certified in Consumer Bankruptcy Law (Sept. 2021)

  **Michigan Lawyers Weekly** — Women in the Law (2019)

  **Crain's Detroit** — 2021 Notable Women in the Law

## When to Contact Michelle

- You need help deciding whether **Chapter 7, Chapter 13, or Chapter 11/Subchapter V** is the right path
- You want to **stop a foreclosure** or prevent **repossession** of secured collateral
- You need to **restructure debt** while protecting a business, income, or assets
- You require pre-divorce planning and the contemplation of joint debt in light of a potential separation or divorce
- You need a strategic plan for reorganizing your debts: Cram down **secured liens, obtain modified loan treatment, and treat income tax liability over time**
- You are facing an appeal or complex contested matter in bankruptcy court

   ##  Experience & Focus Areas 

     **Consumer debtor representation (Ch. 7, 13, 11 & Subchapter V)**

- Chapter 7 liquidations and Chapter 13 reorganizations for individuals
- Chapter 11 and **Subchapter V** reorganizations for qualifying individuals and small business owners
- Strategy tailored for high-income and high-net-worth individuals with complex financial profiles

 **Foreclosure and repossession prevention**

- Stop foreclosures in process through bankruptcy and court protection
- Reorganization strategies to preserve secured collateral
- Practical guidance in time-sensitive, high-pressure situations

 **Reorganization tools: lien stripping and loan cramdowns**

- Proven experience stripping secured liens and **cramming down loans** on collateral in Chapters 13 and 11
- **Pre-bankruptcy asset protection planning** designed to maximize available relief within the Bankruptcy Code

 **Divorce-related bankruptcy matters**

- Representation of debtors and creditors in bankruptcy proceedings involving divorce-related obligations
- Frequent speaker on the intersection of **bankruptcy and family law disputes**

 **Appeals and complex contested matters**

- Successfully defended appeals in the U.S. District Court for the Eastern District of Michigan and the Sixth Circuit Court of Appeals
- Litigation-ready strategy for contested matters involving consumer and small business bankruptcy issues

 **Common issues Michelle is brought in to address**

- “Which chapter is appropriate: Chapter 7, 13, or 11/Subchapter V?”
- Imminent foreclosure or repossession risk requiring immediate action
- A reorganization plan providing more favorable treatment of secured debts
- Divorce, support obligations, or property division issues complicating bankruptcy strategy
- A contested matter or appeal requires experienced bankruptcy litigation counsel

    ##  Education 

     - **University of Detroit Mercy School of Law, J.D.**
- **University of Michigan, B.A.**
    - Undergraduate Thesis completed in Contemporary American History

    ##  Publications & Speaking 

     ### **Recent Publications**

- [*“Good Faith Conversion Results in Retention of Post-Petition Appreciation*](https://www.wolfsonbolton.com/documents/last_07-22.pdf)*[”](https://www.wolfsonbolton.com/documents/last_07-22.pdf)*, American Bankruptcy Institute Journal, July 2025
- [“*Granting a Discharge to the Dishonest and Fortunate Debtor? Fraud, Fairness and Finality in Chapter 13*”](https://www.wolfsonbolton.com/documents/last_07-22.pdf), American Bankruptcy Institute Journal, July 2022 and [Best of ABI 2022: The Year in Consumer Bankruptcy](file://wb-try-dc01v/RedirectedFolders/stravis/Desktop/Filings/Best_of_ABI_2022_The_Year_in_Consumer_Bankruptcy.pdf)
- “*Dealing with Collections and Mounting Debts in Divorce Cases*” ICLE’s Top Tips in Ten Minutes, ICLE 2021
- Co-Author of “*Thorny Issues in Consumer Bankruptcy Cases*”, Second Edition, American Bankruptcy Institute, Alexandria, VA, 2020
- [“*Uncodified Best Practices in the Digital Age: Expectations Regarding the Reasonable Use of Technology*](https://www.wolfsonbolton.com/documents/staff/practice_10-19.pdf)“, American Bankruptcy Institute Journal, October 2019
- [“*Fail to Make Direct Payments to Secured Creditors? No Discharge*”](https://www.wolfsonbolton.com/documents/staff/consumerpt_05-19.pdf)
- *[“A Fresh Start With Flexibility”](https://www.wolfsonbolton.com/documents/staff/American-Bankruptcy-Institute.pdf)*, American Bankruptcy Institute Journal, August 2018

###  **Selected Speaking Engagements**

- “Navigating Personal Injury Suits in Consumer Bankruptcy Matters,” ABI Consumer Practice Extravaganza (May, 2026)
- “Chapter 7 Best Practices,” Steven W. Rhodes Consumer Bankruptcy Association Veterans Day Conference, Troy, November 11, 2025
- “UCC Liens in Consumer Bankruptcy,” American Bankruptcy Institute’s Winter Leadership Conference, December 2025
- “Elder Abuse and Senior Scams: Take the Sting Out of Catfishing and Other Scams”, Panelist, Federal Bar Associate for the Western District of Michigan’s 37th Annual Bankruptcy Section Seminar, July 26, 2025
- “Lien on Me”, Panelist, American Bankruptcy Institute’s Annual Spring Meeting, April 2025
- “Pre-Confirmation Chapter 13 Issues”, Panelist, Consumer Bankruptcy Association Detroit, November 2024
- “No Bankruptcy For You! Alternatives for Dealing with Student Loans”, Panelist, Federal Bar Association for the Western District of Michigan’s 35th Annual Bankruptcy Section Seminar, July 29, 2023
- “Ethical Dilemmas in Consumer Practice and How to Handle Them: Where Do You Draw the Line?” American Bankruptcy Institute’s Winter Leadership Conference, December 2022

    ##  Professional Involvement 

     - **American College of Bankruptcy** Fellow, Class 37, Inducted 2026
- **Access to Bankruptcy Court** Ex-Officio Board Member (2026)
- **American Bankruptcy Institute:** Ethics & Professional Compensation Committee Education Director (2025–Present); 40 Under 40 Steering Committee Member (2023-2025); Consumer Bankruptcy Committee Co-Chair (2021–2023); Newsletter Editor (2020–2021); Membership Relations Director (2019–2020).
- **Steven W. Rhodes Consumer Bankruptcy Association** Veterans Day Conference Planning Committee Member (2026)
- **Western District Federal Bar Association** Bankruptcy Seminar Planning Committee Member, (2024-Present)
- **Oakland County Bar Association** Debtor/Creditor Committee Chair (2021 – 2023); Professional Development Committee liaison to the Debtor/Creditor Committee (2020-2021)
- **International Women’s Insolvency and Restructuring Confederation** (MI-IWIRC) Michigan Network Co-Chair (2017 – 2021)
- **Consumer Bankruptcy Association**, Member (2008 – Present)
- **Oakland County Bar Association**, Member

    ##  Pro Bono 

     - **Temple Israel**, Board of Trustees (2023-Present)
- **Tamarack Camps**
    - Vice President Board of Directors (2020 – 2024)
    - Board Secretary (2014 – 2017)
    - Board Member (2010 – Present)
- **JARC**, Board Member (2012 – 2018)
- **Kadima**, Board Member (2011 – 2014)

    ##  Prior Employment 

     - **Gold, Lange & Majoros, P.C.** (2008-2017)
- **Giarmarco, Mullins & Horton, P.C.,** Law Clerk (2007)
- **Honorable Chief Judge Bernard A. Friedman, U.S. District Court (EDMI),** Judicial Intern (2006)

## Recent News & Articles

## [Michelle Bass Featured in Bloomberg Law on Higher Bankruptcy Debt Limits](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/)

- October 1, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/) 

## [Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/)

- August 26, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

## [Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2027 Edition; Scott A. Wolfson named a “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/)

- August 20, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-247-7070](tel:2482477070)

 [  ](tel:248-703-1281) 

###  [ Mobile ](tel:248-703-1281) 

 [248-210-3876](tel:2482103876)

 [  ](tel:248-703-1281) 

###  [ Fax ](tel:248-703-1281) 

 [248-247-7099](tel:2482477099)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/) 

## Bar Admissions

- Michigan
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Western District of Michigan
- U.S. Court of Appeals, Sixth Circuit

## Certifications

- American Board of Certification - Bankruptcy

 ![](https://wolfsonbolton.com/wp-content/uploads/2023/11/aboc-logo.2112140801550-150x150.png "aboc-logo.2112140801550")

**Categories:** People

**Tags:** Staff

---

### [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/)

**Published:** April 1, 2026
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Amy Huang Smith 

 ![Amy Huang Smith, Corporate Attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/amy-huang-smith-wolfson-bolton-kochis-troy-mi-attorney-headshot.jpg "Amy Huang Smith | Wolfson Bolton Kochis PLLC Attorney") 

# Amy Huang Smith

## Practice Lead — [Corporate](https://wolfsonbolton.com/corporate-services/corporate-counseling/), [Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/), Emerging Growth

 [     Call Now  ](tel:248-247-7102) 

 [     Email  ](mailto:asmith@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/amyhuang17/) 

Location:

Troy, MI

Admissions:

Michigan

## Legal Expertise

 [  Mergers & Acquisitions  ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) 

 [  Emerging Growth  ](https://wolfsonbolton.com/corporate-services/emerging-growth/) 

 [  Corporate Counseling  ](https://wolfsonbolton.com/corporate-services/corporate-counseling/) 

 [  Finance  ](https://wolfsonbolton.com/corporate-services/finance/) 

## About Amy

Amy Huang Smith is Practice Lead for **[Corporate](https://wolfsonbolton.com/corporate-services/corporate-counseling/), [Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/), and [Emerging Growth](https://wolfsonbolton.com/corporate-services/emerging-growth/)** at Wolfson Bolton Kochis. Based in **Troy, Michigan**, Amy focuses her practice on **M&A**, [**financing transactions**](https://wolfsonbolton.com/corporate-services/finance/), and general corporate matters. She manages transactions across a range of industries, including manufacturing, building products, professional and financial services, healthcare, education, and technology.

Clients rely on Amy for forward-thinking strategy and a practical approach, valuing clear guidance, strong follow-through, and consistent service.

## Awards & Recognitions

  **The Best Lawyers in America®** — Ones to Watch (2021-2027)

  **Michigan Super Lawyer**s — Rising Stars (2023-2026)

  **ABA Moot Court** — National Best Brief Award (2017)

## When to Contact Amy

- You’re buying or selling a business, or planning an acquisition strategy (see [Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/))
- You need startup-to-scale counsel, investor readiness, or growth planning (see [Emerging Growth](https://wolfsonbolton.com/corporate-services/emerging-growth/))
- You need ongoing corporate guidance that is practical and execution-focused (see [Corporate Counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/))
- You’re structuring or negotiating a financing transaction (see [Finance](https://wolfsonbolton.com/corporate-services/finance/))

   ##  Expertise & Focus Areas 

     **Mergers & acquisitions**

- Deal strategy, negotiation, and execution

 **Financing transactions**

- Negotiation, execution, and compliance

 **General corporate**

- Day-to-day legal guidance aligned with business goals

 **Industry experience**

- Manufacturing, building products, professional/financial services, healthcare, education, and technology

    ##  Education 

     - **Wayne State University Law School**
    - J.D., Cum Laude
    - Order of the Coif
    - Alan Schenk Business Planning Award
    - Dean’s Scholar
    - Wayne Law Review (Production Editor)
    - Moot Court (ABA National Team Brief Writer)
    - Women’s Law Caucus (President)
- **Oakland University**
    - M.A., Teaching Secondary Math
    - Summa Cum Laude
- **University of Southern California**
    - B.A., Cum Laude
    - Order of Troy

    ##  Professional Involvement 

     - **Michigan Asian Pacific American Bar Association**
- - President (2020-2021)
    - Vice President (2019)
    - Treasurer (2018)

    ##  Prior Employment 

     - **Honigman LLP**
    - Partner (2022-2024)
    - Associate (2017-2021)
    - Summer Associate (2016)
- **Pitt McGehee Palmer & Rivers, PC**
    - Legal Intern (2015)
- **Honorable Mark A. Goldsmith (U.S. District Court, EDMI)**
    - Legal Intern (2015)
- **Teach for America (Detroit)**
    - Corps Member at Mumford High School (2012-2014)

## Recent News & Articles

## [Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/)

- August 26, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

## [Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2027 Edition; Scott A. Wolfson named a “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/)

- August 20, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

## [Wolfson Bolton Kochis Recognized in TMA Detroit Transaction of the Year Award](https://wolfsonbolton.com/news-updates/2026/march/wolfson-bolton-kochis-recognized-in-tma-detroit-transaction-of-the-year-award/)

- March 26, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/march/wolfson-bolton-kochis-recognized-in-tma-detroit-transaction-of-the-year-award/) 

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-247-7102](tel:2482477102)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

## Bar Admissions

- Michigan

**Tags:** Staff

---

### [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/)

**Published:** November 7, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/ "Our Corporate Legal Team")» Scott A. Wolfson 

 [ ![Scott A. Wolfson, Managing Partner at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2026/04/scott-a-wolfson-wolfson-bolton-kochis-troy-mi-attorney-headshot.jpg "Scott A. Wolfson | Wolfson Bolton Kochis PLLC Attorney") ](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/) 

# Scott A. Wolfson

## Practice Lead — [Corporate Restructuring & Bankruptcy ](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/)
Practice Lead - [ADR / Facilitation](https://www.wolfsonbolton.com/corporate-services/adr-facilitation/)

 [     Call Now  ](tel:248-247-7103) 

 [     Email  ](mailto:swolfson@wolfsonbolton.com) 

 [     LinkedIn  ](https://www.linkedin.com/in/scott-wolfson-49630b7) 

Experience:

30+ Years in Restructuring & Insolvency

Location:

Troy, MI

Admissions:

Michigan & Federal Court

## Legal Expertise

 [  Corporate Restructuring & Bankruptcy  ](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/) 

 [  Litigation  ](https://wolfsonbolton.com/corporate-services/litigation/) 

 [  ADR / Facilitation  ](https://wolfsonbolton.com/corporate-services/adr-facilitation/) 

 [  Automotive Supply Chain  ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/) 

 [  Mergers & Acquisitions  ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) 

 [  Distressed M&A / § 363 Sales  ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) 

 [  Corporate Counseling  ](https://wolfsonbolton.com/corporate-services/corporate-counseling/) 

## About Scott

Scott A. Wolfson is a **Founder** at Wolfson Bolton Kochis and serves as Practice Lead for **Corporate Restructuring & Bankruptcy** and **ADR / Facilitation**. He represents businesses, creditors, lenders, fiduciaries, and buyers and sellers of assets in complex financial distress matters throughout Metro Detroit and across the country, both **in and out of court**, including Chapter 11 proceedings, bankruptcy litigation, receiverships, and distressed transactions.

Scott’s practice is national in scope and includes significant experience advising **automotive companies and suppliers** on supply chain contract issues and continuity-of-supply challenges involving distressed, non-performing, or bankrupt counterparties. He also serves as a **certified mediator** and **commercial arbitrator** for the American Arbitration Association, helping parties resolve high-stakes disputes efficiently and strategically. His related practices include [Corporate Restructuring & Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com), [ADR / Facilitation](https://wolfsonbolton.com/corporate-services/adr-facilitation/?utm_source=chatgpt.com), [Automotive Supply Chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/), [Litigation](https://wolfsonbolton.com/corporate-services/litigation/), [Distressed M&A / § 363 Sales](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com), and [Corporate Counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/).

He is particularly known for advising in high-stakes automotive and supply chain restructurings where operational continuity is critical. Scott has also served in **fiduciary roles** involving complex stakeholder and claims administration matters, including as Liquidating Trustee of the Boyce Hydro Liquidating Trust following the devastating Midland-area floods, where he oversaw the collection and distribution of millions of dollars to thousands of flood survivors and creditors, and serving as a **court-appointed receiver**.

## Awards & Recognitions

  **The Best Lawyers in America®** (2010–2027); Litigation–Bankruptcy “Lawyer of the Year” (Troy) (2017, 2022, 2024, 2026, 2027)

  **American College of Bankruptcy** — Fellow (31st Class); Director, ACB Foundation (2022–present; Secretary 2026-present)

  **Chambers USA** — Bankruptcy/Restructuring (Michigan) (2022–2026)

  **Michigan Super Lawyer**s — Top 100 / Bankruptcy: Business (multiple years)

  **The M&A Advisor Turnaround Awards**, Winner “Cross-Border Restructuring of the Year (Up to $100MM),” March 2026

  **American Bar Association Foundation** Fellow

  **Martindale-Hubbell AV® Preeminent™** Peer Review Rated

## When to Contact Scott

- Your business is facing creditor pressure, liquidity issues, or financial distress (see [Corporate Restructuring & Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com))
- A customer or supplier is distressed—or a bankruptcy filing is likely—and operations are at risk (see [Automotive Supply Chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/))
- You received a preference demand or adversary complaint (see [Corporate Restructuring & Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com), [Litigation](https://wolfsonbolton.com/corporate-services/litigation/))
- You are pursuing or defending contested bankruptcy litigation (see [Corporate Restructuring & Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com), [Litigation](https://wolfsonbolton.com/corporate-services/litigation/))
- You’re evaluating a distressed acquisition or asset sale (including § 363) (see [Mergers & Acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/), [Distressed M&A / § 363 Sales](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com), and [Corporate Restructuring & Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-bankruptcy-restructuring/?utm_source=chatgpt.com))
- A dispute would benefit from mediation or arbitration instead of trial (see [ADR / Facilitation](https://wolfsonbolton.com/corporate-services/adr-facilitation/?utm_source=chatgpt.com))
- You are a party to an arbitration before the American Arbitration Association (AAA) who must select an arbitrator with automotive industry expertise (see [ADR / Facilitation](https://wolfsonbolton.com/corporate-services/adr-facilitation/?utm_source=chatgpt.com))
- You are a creditor seeking to appoint a trusted fiduciary as a trustee or receiver (see[ Corporate Restructuring & Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/), [Litigation](https://wolfsonbolton.com/corporate-services/litigation/))

   ##  Representative Matters 

     - **Wrena, LLC** — Lead Debtor Counsel to tier-one and tier-two automotive supplier in Chapter 11 bankruptcy; successful going concern sale necessary following significant adverse jury verdict
- **Heritage Collegiate Apparel (f/k/a M-Den, Inc.)** — Lead Committee Counsel in retail Chapter 11 bankruptcy
- **Gissing North America** — Lead Debtor Counsel in eight-debtor Chapter 11 bankruptcy; successful going concern sale under Section 363 of the Bankruptcy Code
- **LightRx Face & Body** — Lead Debtor Counsel in 28-debtor med-spa Chapter 11 bankruptcy; successful going concern sale under Section 363 of the Bankruptcy Code
- **VPH Pharmacy, Inc.** — Lead Committee Counsel in closed-door pharmacy Chapter 11 bankruptcy
- **Frank W. Kerr Company** — Successfully prosecuted involuntary petition; Michigan Counsel to Official Committee of Unsecured Creditors in converted Chapter 11 bankruptcy
- **Lee Steel Corporation** — Lead Committee Counsel in Chapter 11 bankruptcy of steel producer
- **Richfield Equities, L.L.C.** — Lead Committee Counsel in Chapter 11 bankruptcy of solid waste disposal and recycling company

 **Additional representative matters**

- **Trans-Industries, Inc. and affiliates** — Lead Committee Counsel
- **Hog Brothers Recycling, LLC** — Lead Committee Counsel
- **Steel Parts Corporation** — Lead Committee Counsel
- **Waste Reduction by Waste Reduction** — Lead Committee Counsel
- **DriveSol Worldwide, Inc. / DriveSol Global Steering, Inc.** — Lead Counsel for Informal Committee in out-of-court liquidation
- **Empire Coach Enterprises** — Lead Committee Counsel
- **Billy Bob’s Gameroom Furnishings** — Lead Michigan Committee Counsel

    ##  Case Experience 

     **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*](https://wolfsonbolton.com/corporate-services/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*](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)*)*

 **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*](https://wolfsonbolton.com/corporate-services/adr-facilitation/?utm_source=chatgpt.com)*)*

 **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

    ##  Education 

     - **University of Minnesota Law School** — J.D., Cum Laude; Managing Editor, *Law and Inequality Journal*
- **Michigan State University, James Madison College** — B.A., With High Honors; Phi Beta Kappa; Mortar Board

    ##  Publications & Speaking 

     ### **Recent Publications**

- [“Equitable Subrogation in Bankruptcy: A Potential Lifeline for Unsecured Creditors,”](https://businesslawtoday.org/2026/02/equitable-subrogation-in-bankruptcy-a-potential-lifeline-for-unsecured-creditors/) *ABA Business Law Today*, February 2026
- [“Pier 1: Do Claims Agents Make Neglect Less Excusable?”](https://www.wolfsonbolton.com/wp-content/uploads/2024/06/last_06-24.pdf), *ABI Journal* (June 2024)
- “[Critically Thinking About Your Critical-Vendor Status,](https://s3.amazonaws.com/abi-org-corp/journals/last_07-23.pdf)” *ABI Journal* (July 2023)
- “[Unsecured Claim for Post-Petition Contractual Attorneys’ Fees? File It,](https://www.wolfsonbolton.com/documents/staff/last_05-19.pdf)” *ABI Journal* (May 2019)

### **Selected Speaking Engagements**

- “Driving the Future: Navigating the Automotive Industry’s Crossroads, Market Shifts, and Supply Chains”, Panelist, M1 Concourse Automotive Industry Panel Event (April 2026)
- “Beneath the Hood: Automotive Distress and Contract Disputes,” Panelist, State Bar of Michigan Debtor/Creditor Rights Committee of the Business Law Section (January 2026)
- “Advising Suppliers Pre-Bankruptcy,” Panelist — FBA (WD MI) Bankruptcy Seminar (July 2025)
- “Intersection of Bankruptcy and Landlord/Tenant Law,” OCBA (April 2025)
- “Bankruptcy Overview for Landlords,” State Bar of Michigan Real Property Law Section (2024)
- Mock Sale Hearing (Debtor’s Counsel) — ABI Central States (June 2024)
- “Retail Cases from Coast to Coast,” ABI Central States Conference (June 2023)
- “Supply Chain Instability and Disruption,” ABI Winter Leadership Conference (Dec. 2022)

    ##  Professional Involvement 

     - **American College of Bankruptcy** Fellow, Foundation Director (2022–present); Secretary (2026–present)
- **American Bar Association,** Business Bankruptcy Committee (2014–present)
- **Michigan Attorney Discipline Board** Hearing Panelist (2017–present)
- **American Bar Association** Fellow

## Recent News & Articles

## [Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/)

- August 26, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

## [Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2027 Edition; Scott A. Wolfson named a “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/)

- August 20, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

## [Wolfson Family Resilience Scholarship Announces 2026 Recipients](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/)

- June 15, 2026

 [  READ MORE >>  ](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/) 

## Contact Information

 [  ](tel:248-247-7103) 

###  [ Direct ](tel:248-247-7103) 

 [248-247-7103](tel:2482477103)

 [  ](tel:248-703-1281) 

###  [ Mobile ](tel:248-703-1281) 

 [248-703-1281](tel:2487031281)

 [  ](mailto:swolfson@wolfsonbolton.com) 

###  [ Email ](mailto:swolfson@wolfsonbolton.com) 

 [  ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

###  [ Office ](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D) 

 [Troy, MI](https://www.google.com/maps/place/Troy+Corporate+Center+II,+880+W+Long+Lake+Rd,+Troy,+MI+48098/@42.5931066,-83.168311,18z/data=!3m1!4b1!4m6!3m5!1s0x8824c1583662867d:0xeff09e788798d7d!8m2!3d42.5931066!4d-83.1670209!16s%2Fg%2F11h11f23h?entry=ttu&g_ep=EgoyMDI1MDIxOC4wIKXMDSoASAFQAw%3D%3D)

## Bar Admissions

- 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

## Certifications

- Certified Mediator
- AAA — National Roster of Commercial Arbitrators
- NAM — Hearing Officer (Arbitration)

**Tags:** Staff

---

### [Consumer Bankruptcy Attorneys in Detroit](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/)

**Published:** November 7, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/ "Specialized Legal Practice Areas")» Consumer Bankruptcy Attorneys in Detroit 

# Consumer Bankruptcy

## Compassionate Guidance and Practical Solutions for Individuals and Families Facing Financial Distress

Wolfson Bolton Kochis assists individuals and families navigating serious financial challenges through compassionate, strategic, and effective consumer bankruptcy counsel. Our Consumer Bankruptcy practice is led by [Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/), who works closely with clients facing job loss, medical expenses, business failure, credit-card debt, mortgage arrears, or other unexpected life events.

Bankruptcy is often a tool that provides immediate relief, protects essential assets, and creates a path toward financial stability and long-term recovery. Our attorneys help clients understand their options under **Chapter 7 and Chapter 13 of the Bankruptcy Code**, providing clear explanations, realistic expectations, and practical guidance at every stage of the process. From eligibility analysis to filing to creditor communication, we ensure clients feel supported, informed, and respected throughout their case.

## Why Individuals Work With Our Consumer Bankruptcy Team

Clients choose our Consumer Bankruptcy team because we combine legal experience with empathy and a commitment to helping people regain control of their financial lives.

- ### Compassionate, Client-Focused Representation

Bankruptcy is not just a legal issue; it affects personal well-being, family stability, and future planning. We take the time to understand each client’s circumstances and tailor solutions that provide meaningful, lasting relief.

- ### Clear Guidance and Practical Advice

Our attorneys explain the process in plain language, outline realistic outcomes, and help clients make informed decisions with confidence.

- ### Broad Financial Perspective

Our consumer bankruptcy practice benefits from the firm’s experience in [corporate restructuring and bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/), creditor negotiations, and [financial disputes](https://wolfsonbolton.com/corporate-services/finance/).

This broader perspective helps us anticipate creditor behavior and resolve issues efficiently.

## Explore Your Bankruptcy Options & Protections

   ###  Chapter 7 Bankruptcy (Debt Elimination) 

     Chapter 7 bankruptcy is often the most appropriate option for individuals seeking a fresh financial start. It allows eligible debtors to discharge most unsecured debts and move forward with reduced financial burden.

We assist clients with:

- - Determining eligibility through the means test
    - Preparing and filing required documentation
    - Protecting exempt property
    - Stopping creditor harassment and collection efforts
    - Addressing unsecured debt, including credit cards and medical bills
    - Responding to trustee inquiries

Most Chapter 7 cases conclude within a few months, allowing clients to begin rebuilding credit sooner.

    ###  Chapter 13 Bankruptcy (Repayment Plans) 

     Chapter 13 may be appropriate for individuals with steady income who want to restructure debt, stop foreclosure, or protect valuable assets. We help clients develop repayment plans that are manageable, compliant, and designed to support long-term financial stability.

Our Chapter 13 representation includes:

- - Preparing court-approved repayment plans
    - Negotiating with secured and unsecured creditors
    - Addressing mortgage arrears, tax debt, and vehicle loans
    - Resolving wage and bank-account garnishments
    - Protecting property from foreclosure or repossession
    - Managing court-mandated payments

We work closely with clients throughout the repayment period to help them complete their plans successfully.

    ###  Stopping Foreclosures, Garnishments & Creditor Actions 

     Filing for bankruptcy triggers an **automatic stay**, which can immediately stop aggressive creditor actions. We act quickly to ensure these protections take effect.

We assist with:

- - Foreclosure defense and mortgage arrears
    - Wage and bank-account garnishments
    - Collection lawsuits
    - Vehicle repossessions
    - Utility shutoff notices

Our goal is to help clients regain breathing room while stabilizing their financial situation.

    ###  Life After Bankruptcy 

     A successful bankruptcy filing is the beginning of financial recovery—not the end. We help clients understand how to rebuild credit and make informed financial decisions after their case concludes.

We provide guidance on:

- - Reestablishing credit responsibly
    - Monitoring credit reports
    - Budgeting and financial planning strategies
    - Managing new credit wisely
    - Avoiding predatory lending and high-risk debt

We want clients to leave the process with confidence and a clear plan for the future.

    ###  Individuals We Serve 

     We represent:

- - Individuals and families
    - Wage earners
    - Independent contractors
    - Small-business owners

Our clients come from a wide range of industries, including manufacturing, healthcare, education, logistics, and professional services.

## Frequent Questions Surrounding Consumer Bankruptcy

   ###  Is bankruptcy the right solution for everyone? 

     Not always. We discuss alternatives and help clients choose the best path forward.

    ###  Which chapter of bankruptcy should I file? 

     That depends on income, assets, debt type, and goals. We help clients evaluate all available options.

    ###  Will I lose my home or car if I file for bankruptcy? 

     Often no. Bankruptcy exemptions and repayment plans frequently allow clients to keep essential property.

    ###  Can bankruptcy stop foreclosure or garnishments? 

     Yes. Filing bankruptcy immediately triggers an automatic stay that halts most collection actions.

    ###  How long does bankruptcy stay on a credit report? 

     Typically 7–10 years, but many clients begin rebuilding credit within 1–3 years.

## How We Can Help

If you are facing financial hardship and need guidance on rebuilding your financial future, our Consumer Bankruptcy team is here to help.

**Contact our [Consumer Bankruptcy](https://wolfsonbolton.com/contact/) practice or connect with[ Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/) to discuss your options and take the first step toward financial stability.**

 [ ![Michelle H. Bass, consumer and small business bankruptcy attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/michelle-h-bass-consumer-business-bankruptcy-attorney-troy-mi-sitting.jpg "Michelle H. Bass – Consumer Bankruptcy Attorney") ](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/) 

### [Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/)

**PRACTICE LEAD** – Consumer Bankruptcy

Michelle helps individuals, families, business owners, and creditors navigate consumer bankruptcy matters with practical, results-driven guidance. As an American Board Certified Consumer Bankruptcy Attorney, she works with clients facing complex financial challenges.

 [  Call 248-247-7070  ](tel:248-247-7070) 

 [  View Profile  ](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/) 

### Our Consumer Bankruptcy Sites

 [ ![WBK Bankruptcy logo, powered by Wolfson Bolton Kochis, consumer bankruptcy attorneys serving Metro Detroit.](https://wolfsonbolton.com/wp-content/uploads/2023/11/wbk-bankruptcy-300x144.png "wbk-bankruptcy") ](https://www.wbkbankruptcy.com) 

Serving Metro Detroit & Southeastern Michigan

 [ ![906 Bankruptcy logo, powered by Wolfson Bolton Kochis, consumer bankruptcy attorneys serving Northern Michigan's Upper Peninsula.](https://wolfsonbolton.com/wp-content/uploads/2023/11/906-bankruptcy-300x144.png "906-bankruptcy") ](https://www.906bankruptcy.com) 

Serving Northern Michigan & the Upper Peninsula

### Need Legal Assistance?

Contact our Consumer Bankruptcy team in Troy, MI.

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/)

**Categories:** Corporate Services

---

### [Corporate Restructuring & Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)

**Published:** November 7, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/ "Specialized Legal Practice Areas")» Corporate Restructuring & Bankruptcy 

# Corporate Restructuring & Bankruptcy

## Strategic Counsel for Businesses, Creditors, and Stakeholders Facing Financial Distress

Wolfson Bolton Kochis advises businesses, creditors, and stakeholders navigating financial distress, bankruptcy, and complex restructuring matters. Our Corporate Restructuring & Bankruptcy practice is led by [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/), a Fellow in the American College of Bankruptcy. Scott brings decades of experience guiding companies through Chapter 11 reorganizations, out-of-court restructurings, distressed transactions, and related litigation.

Financial distress is not just a legal issue; it is a business crisis with operational, financial, and reputational implications. We work closely with leadership teams, boards, lenders, and advisors to stabilize operations, preserve value, and develop strategies aligned with long-term business objectives. Whether restructuring debt, enforcing creditor rights, or navigating bankruptcy proceedings, we deliver practical, business-focused guidance at critical moments.

## Why Clients Choose Our Corporate Restructuring & Bankruptcy Practice

Clients rely on our corporate restructuring and bankruptcy practice because we bring experience representing both companies and creditors, combined with practical business judgment and a clear understanding of how distressed situations evolve.

- ### Business-First Restructuring Strategy:
    
     We approach restructuring matters with a focus on operational realities, not just legal outcomes. Our goal is to preserve value, protect continuity, and guide clients through the practical and financial decisions required in distressed situations.
- ### Experience Across Bankruptcy Chapters & Distress Scenarios:
    
     We regularly represent debtors, secured and unsecured creditors, committees, purchasers, and other stakeholders in out-of-court workouts, Chapter 11 and Chapter 7 proceedings, receiverships, assignments for the benefit of creditors (ABCs), and other distressed situations.
- ### Integrated Legal Perspective:

Our restructuring work is closely integrated with the firm’s [finance](https://wolfsonbolton.com/corporate-services/finance/), [commercial litigation](https://wolfsonbolton.com/corporate-services/litigation/), [automotive & supply chain](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/), and [corporate counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/) practices—allowing us to anticipate issues, coordinate strategy across disciplines, and manage risk holistically.

## Corporate Restructuring & Bankruptcy Services

We represent clients in a broad range of bankruptcy and insolvency matters, tailoring strategy to each client’s role, objectives, and industry context.

We assist clients across the country with:

- Out-of-court restructurings and forbearance agreements
- Distressed supplier workouts and automotive supply chain accommodation agreements
- Chapter 11 reorganizations, including asset sales under Section 363 of the Bankruptcy Code
- Receiverships
- Assignments for the benefit of creditors
- Chapter 7 proceedings
- Creditor committee representation
- Secured creditor representation
- Landlord representation in tenant bankruptcies
- Board, shareholder, and management representation in distressed situations
- Distressed asset acquisitions and related transactions
- Debtor-in-possession (DIP) financing
- Use of cash collateral
- Plan negotiation and confirmation
- Preference defense and avoidance actions
- Fraudulent conveyance and other voidable transaction litigation
- Breach of fiduciary duty and related claims
- Critical vendor issues and related relief
- Proofs of claim and claims administration

Our attorneys guide clients through complex proceedings with clarity and efficiency.

## Explore Our Corporate Restructuring & Bankruptcy Capabilities

   ###  Out-of-Court Workouts & Financial Restructuring 

     Not all distressed situations require a bankruptcy filing. We help clients evaluate and implement out-of-court solutions designed to stabilize operations and preserve value.

We assist with:

- - Loan workouts and restructurings
    - Forbearance agreements
    - Capital-structure realignment
    - Negotiations with lenders and stakeholders
    - Distressed-debt strategies

These approaches can often resolve issues more efficiently and avoid the cost and disruption of formal insolvency proceedings.

    ###  Creditor Rights, Enforcement & Litigation 

     We represent secured and unsecured creditors in enforcing and protecting their rights in distressed situations.

Our work includes:

- - UCC Article 9 enforcement of secured creditor rights
    - Adequate assurance of future performance demands and responses
    - Relief from the automatic stay
    - Claims objections and related litigation
    - Preference and other avoidance actions
    - Receiverships and collateral recovery
    - Assignments for the benefit of creditors

This work is closely integrated with our **[litigation](https://wolfsonbolton.com/corporate-services/litigation/), [finance,](https://wolfsonbolton.com/corporate-services/finance/) [mergers & acquisitions](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)**, and **[corporate counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/)** and practices, allowing us to manage disputes efficiently and pursue practical outcomes.

    ###  Distressed M&A & Asset Sales 

     We advise buyers, sellers, and lenders in distressed acquisitions and asset sales, including transactions conducted through bankruptcy proceedings.

We assist with:

- - Section 363 sales
    - Distressed asset acquisitions in and out of court
    - Stalking-horse transactions
    - Sale approval and related litigation
    - Post-closing disputes

Our restructuring team works closely with our [**M&A** ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)and [**finance**](https://wolfsonbolton.com/corporate-services/finance/) practices to coordinate transaction strategy with the legal, financial, and operational considerations shaping each deal.

    ###  Industry-Focused Restructuring Experience 

     We bring deep industry knowledge to restructuring matters, including:

- - Manufacturing and automotive supply chain
    - Real estate, construction, and development
    - Logistics, distribution, and transportation
    - Retail and consumer-facing businesses
    - Healthcare providers and medical practices
    - Professional services firms
    - Technology and other service-based businesses
    - Family-owned and middle-market companies
    - Financial institutions, lenders, and secured creditors

This experience allows us to tailor restructuring strategies to operational realities, financial pressures, and stakeholder dynamics unique to each situation.

## Common Questions in Restructuring Matters

   ###  When should a business consider filing for Chapter 11? 

     When liquidity constraints, creditor pressure, or operational challenges cannot be resolved through out-of-court solutions, Chapter 11 may provide a structured process to stabilize operations and restructure obligations.

    ###  Do all distressed businesses need to file for bankruptcy? 

     No. Many distressed situations can be resolved through negotiated workouts, forbearance agreements, or other out-of-court restructuring solutions, depending on liquidity, creditor dynamics, and business objectives.

    ###  What is the automatic stay? 

     The automatic stay is an injunction that halts most collection and enforcement actions against a debtor upon the filing of a bankruptcy case.

    ###  Can a business continue operating during Chapter 11? 

     Yes. In most cases, the debtor continues operating as a “debtor in possession,” subject to court oversight, reporting obligations, and financial and operational constraints. For example, a Chapter 11 debtor must obtain court approval for transactions outside the ordinary course of business.

    ###  What is a Section 363 sale? 

     A Section 363 sale is a court-approved sale of assets in bankruptcy that allows the buyer to acquire assets free and clear of liens, claims, and encumbrances, subject to court approval and competitive bidding procedures.

    ###  What happens to contracts in bankruptcy? 

     Certain contracts may be assumed, assigned, or rejected in bankruptcy, subject to court approval. These decisions can significantly impact counterparties, including vendors, landlords, and customers.

    ###  When should creditors involve restructuring counsel? 

     As early as possible. Early involvement allows creditors to assess risk, preserve rights, and improve leverage in negotiations or formal proceedings.

    ###  What rights do secured creditors have in bankruptcy? 

     Secured creditors generally have rights to their collateral, including the ability to seek relief from the automatic stay or adequate protection of their interests.

    ###  Can litigation continue during bankruptcy? 

     In most cases, the automatic stay halts litigation against the debtor. Certain actions may proceed with court approval or fall within exceptions, depending on the nature of the claim.

    ###  What are preference claims? 

     Preference claims are actions to recover payments made to creditors before a bankruptcy filing that may be deemed to unfairly favor one creditor over others.

    ###  How long does a Chapter 11 case typically last? 

     Timelines vary depending on the complexity of the case, but Chapter 11 proceedings typically last from several months to over a year, with some cases extending longer.

## How We Can Help

[Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/) advises businesses, creditors, and other stakeholders in financial distress, creditor disputes, and restructuring matters. He is available to discuss practical strategies and next steps in complex situations.

**[Contact Scott A. Wolfson regarding your situation](https://wolfsonbolton.com/contact/).**

 ![Scott A. Wolfson, corporate bankruptcy and restructuring attorney at Wolfson Bolton Kochis PLLC in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/scott-a-wolfson-corporate-bankruptcy-restructuring-attorney-troy-mi-standing.jpg "Scott A. Wolfson – Bankruptcy, Restructuring & ADR Attorney") 

### [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/)

**PRACTICE LEAD** – Corporate Restructuring & Bankruptcy

Scott brings decades of experience guiding companies through Chapter 11 reorganizations, out-of-court restructurings, distressed transactions, and related litigation. He advises businesses, creditors, and stakeholders navigating financial distress and complex insolvency matters.

 [  Call 248-247-7103  ](tel:248-247-7103) 

 [  View Profile  ](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/) 

### Practice Areas

- [    Alternative Dispute Resolution ](https://wolfsonbolton.com/corporate-services/adr-facilitation/)
- [    Automotive & Supply Chain ](https://wolfsonbolton.com/corporate-services/automotive-supply-chain/)
- [    Banking & Finance ](https://wolfsonbolton.com/corporate-services/finance/)
- [    Commercial Litigation ](https://wolfsonbolton.com/corporate-services/litigation/)
- [    Corporate & M&A ](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)
- [    Real Estate ](https://wolfsonbolton.com/corporate-services/real-estate/)

### Need Legal Assistance?

Contact our Corporate Restructuring & Bankruptcy team in Troy, MI.

 [  Schedule Consultation  ](https://wolfsonbolton.com/contact/)

**Categories:** Corporate Services

---

### [About Us](https://wolfsonbolton.com/about-us/)

**Published:** November 3, 2023
**Author:** wbkadmin

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» About Us 

# About Us

 ![Interior of the Wolfson Bolton Kochis PLLC office in Troy, Michigan](https://wolfsonbolton.com/wp-content/uploads/2025/12/wolfson-bolton-kochis-about-us-office-interior-troy-mi.jpg "Wolfson Bolton Kochis PLLC Office – Troy, Michigan") 

## Our History

[Scott Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/) and [Peter Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/) are experienced attorneys who partnered in 2009 to establish Wolfson Bolton PLLC. Their legal practice has grown over the years to become a highly skilled team of attorneys with offices located in Metro Detroit and Marquette, Michigan.

The team at Wolfson Bolton Kochis is characterized by a culture of collaboration and mutual respect for each other’s input. The firm is known for its inclusivity and supportive environment that nurtures the growth of each team member. We have earned an excellent reputation as a reliable partner to our clients, offering top-quality legal services from both of our Michigan offices.

## Our Core Principles

###   One Firm  

 We expect each team member to strengthen our Core Focus.

###   Stewardship  

 We responsibly manage our business for long-term growth.

###   Ethics  

 We hold ourselves to the highest ethical standard.

###   Consistency  

 We stake our reputation on every service we provide.

###   Responsibility  

 We do what we say we are going to do when we say we are going to do it.

###   Respect  

 We treat our clients and each other with respect.

## Community Involvement

Wolfson Bolton Kochis is committed to giving back to the community. Each year, we contribute to a wide range of causes. Recent examples include:

- American Red Cross
- American Foundation for Suicide Prevention
- Australian Red Cross
- Brookdale Hospice
- Boys Hope Girls Hope
- Children’s Hospital of Michigan
- Crossroads of Michigan
- Community Housing Network
- First Book
- Freedom House Detroit
- Gleaners Community Food Bank
- Gilda’s Club Detroit
- The Greening of Detroit
- Heart 2 Hart
- Kids Kicking Cancer
- LGBT Detroit
- Mental Health America
- Michigan Paralyzed Veterans of America
- Moonbeams for Sweet Dreams
- Operation Good Cheer
- Save the Children
- Stage Nature Center
- United Way
- Waterford Youth Assistance

 ![](https://wolfsonbolton.com/wp-content/uploads/2023/12/shutterstock_1077028331-1024x1024.jpg "Community Service")

---

### [News & Legal Updates](https://wolfsonbolton.com/about-us/news-and-legal-updates/)

**Published:** November 7, 2023
**Author:** wbkadmin

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [About Us](https://wolfsonbolton.com/about-us/ "About Us")» News & Legal Updates 

# News & Legal Updates

## Stay informed on firm news, industry insights, and thought leadership from the attorneys at Wolfson Bolton Kochis.

 ###  [ Michelle Bass Featured in Bloomberg Law on Higher Bankruptcy Debt Limits ](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/) 

  ###  [ Presidential Pardon Does Not Prevent Subordination of Claim By Bankruptcy Court ](https://wolfsonbolton.com/news-updates/2026/september/presidential-pardon-does-not-prevent-subordination-of-claim-by-bankruptcy-court/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/september/presidential-pardon-does-not-prevent-subordination-of-claim-by-bankruptcy-court/) 

  ###  [ Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100 ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

  ###  [ Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2027 Edition; Scott A. Wolfson named a “Lawyer of the Year” ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

  ###  [ Supreme Court Rejects Mechanical Use of Judicial Estoppel for Undisclosed Bankruptcy Claims ](https://wolfsonbolton.com/news-updates/2026/july/supreme-court-rejects-mechanical-use-of-judicial-estoppel-for-undisclosed-bankruptcy-claims/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/july/supreme-court-rejects-mechanical-use-of-judicial-estoppel-for-undisclosed-bankruptcy-claims/) 

  ###  [ Wolfson Family Resilience Scholarship Announces 2026 Recipients ](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/) 

  ###  [ Wolfson Bolton Kochis Earns Chambers USA 2026 Band 1 Ranking; Scott A. Wolfson Individually Recognized ](https://wolfsonbolton.com/news-updates/2026/june/wolfson-bolton-kochis-earns-chambers-usa-2026-band-1-ranking-scott-a-wolfson-individually-recognized/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/june/wolfson-bolton-kochis-earns-chambers-usa-2026-band-1-ranking-scott-a-wolfson-individually-recognized/) 

  ###  [ Scott A. Wolfson Appointed Receiver Over Stewart Knives, LLC Assets ](https://wolfsonbolton.com/news-updates/2026/may/scott-a-wolfson-appointed-receiver-over-stewart-knives-llc-assets/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/may/scott-a-wolfson-appointed-receiver-over-stewart-knives-llc-assets/) 

  ###  [ Releases vs. Reality: How Post-Confirmation Actions Can Undermine Chapter 11 Finality ](https://wolfsonbolton.com/news-updates/2026/may/releases-vs-reality-how-post-confirmation-actions-can-undermine-chapter-11-finality/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/may/releases-vs-reality-how-post-confirmation-actions-can-undermine-chapter-11-finality/) 

  ###  [ Michelle H. Bass Inducted as Fellow in the American College of Bankruptcy’s 37th Class ](https://wolfsonbolton.com/news-updates/2026/march/michelle-h-bass-inducted-as-fellow-in-the-american-college-of-bankruptcys-37th-class/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/march/michelle-h-bass-inducted-as-fellow-in-the-american-college-of-bankruptcys-37th-class/) 

  ###  [ Shielding Commercial Speech: Michigan’s New Anti-SLAPP Law Takes Effect ](https://wolfsonbolton.com/news-updates/2026/march/shielding-commercial-speech-michigans-new-anti-slapp-law-takes-effect/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/march/shielding-commercial-speech-michigans-new-anti-slapp-law-takes-effect/) 

  ###  [ Wolfson Bolton Kochis Recognized in TMA Detroit Transaction of the Year Award ](https://wolfsonbolton.com/news-updates/2026/march/wolfson-bolton-kochis-recognized-in-tma-detroit-transaction-of-the-year-award/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/march/wolfson-bolton-kochis-recognized-in-tma-detroit-transaction-of-the-year-award/) 

   Load More

---

### [Disclaimer](https://wolfsonbolton.com/terms-of-use/)

**Published:** November 15, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

# Disclaimer

The information on this website is intended for general informational purposes only and is not intended to provide legal advice.

Wolfson Bolton Kochis PLLC assumes no responsibility for the accuracy or timeliness of any information provided on this website. The information contained herein is not a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. The information on this website is provided “as is” without warranty of any kind, and no warranties, promises, and/or representations of any kind, express or implied, are given as to the accuracy, completeness, or timeliness of the information provided by way of this website. Wolfson Bolton Kochis PLLC disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site to the fullest extent permitted by law.

This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. By accessing, viewing, and interacting with this website, you agree that there is no attorney-client relationship between you and Wolfson Bolton Kochis PLLC or any Wolfson Bolton Kochis PLLC attorney. We welcome you to contact us, but please note that we cannot represent you until we know that doing so will not create a conflict of interest; therefore, please do not use any of the supplied e-mail interfaces to send us any confidential information until you speak with one of our attorneys and receive our authorization to send that information to us.

Sites listed as hypertext links are not under the control of Wolfson Bolton Kochis PLLC. Accordingly, we can make no representation concerning the quality, safety, or suitability of the content of these sites, nor does the fact that we have included a link serve as an endorsement by Wolfson Bolton Kochis LLP of any of these sites. Wolfson Bolton Kochis PLLC is providing this site, the information, the listings, and the links contained on this website only as a convenience to you.

The representative matters and other experience included herein may date from periods before an individual lawyer joined Wolfson Bolton Kochis PLLC, may not contain full or complete client or entity name references, and may contain colloquial rather than client or entity-specific name references. Any representative matters and other experience included herein should not imply current or former client status. You should not rely on any information contained herein, in particular any reference to representative matters and other experience, in making any decision, taking any action, or refraining from taking any action.

The information on this website should not be interpreted to indicate certain results will occur in a specific legal situation. Any case summaries, representative matters, reports of past results, and individual attorney biographies contained on this website are intended to provide information about the past activities and experiences of our attorneys. This information is not intended to guarantee a similar result in your legal situation or in any other situation.

Some content on this website may be considered advertising material under the applicable rules of certain states. The content, original images, and their arrangement herein are protected and owned or licensed by Wolfson Bolton Kochis PLLC.

---

### [Site Map](https://wolfsonbolton.com/site-map/)

**Published:** November 16, 2023
**Author:** Wolfson Bolton Kochis

**Content:**

# Site Map

## Pages

- [HOME](https://wolfsonbolton.com/)
- [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/)
    - [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/)
    - [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/)
    - [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/)
    - [Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/)
    - [Thomas J. Howlett](https://wolfsonbolton.com/who-we-are/thomas-j-howlett-real-estate-attorney/)
    - [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/)
    - [Jason B. Puscas](https://wolfsonbolton.com/who-we-are/jason-b-puscas/)
    - [Eric A. Zacks](https://wolfsonbolton.com/who-we-are/eric-a-zacks/)
    - [Rosanna-L-Ameriguian](https://wolfsonbolton.com/who-we-are/rosanna-l-ameriguian/)
    - [Logan T. Grizzell](https://wolfsonbolton.com/who-we-are/logan-t-grizzell/)
    - [Christopher J. Pullman](https://wolfsonbolton.com/who-we-are/christopher-j-pullman/)
    - [Stephanie K. Travis](https://wolfsonbolton.com/who-we-are/stephanie-k-travis/)
    - [Madisyn Lloyd](https://wolfsonbolton.com/who-we-are/madisyn-m-lloyd/)
- [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/)
    - [Corporate Restructuring & Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/)
    - [Automotive & Supply Chain Lawyers](https://wolfsonbolton.com/corporate-services/automotive-supply-chain-lawyers/)
    - [Alternative Dispute Resolution](https://wolfsonbolton.com/corporate-services/adr-facilitation/)
    - [Corporate Finance Attorneys](https://wolfsonbolton.com/corporate-services/finance/)
    - [Commercial Litigation Attorneys](https://wolfsonbolton.com/corporate-services/litigation/)
    - [Mergers & Acquisitions Attorneys](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/)
    - [Corporate Counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/)
    - [Emerging Growth Attorneys](https://wolfsonbolton.com/corporate-services/emerging-growth/)
    - [Commercial Real Estate Lawyers](https://wolfsonbolton.com/corporate-services/real-estate/)
    - [Consumer Bankruptcy Attorneys in Detroit](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/)
- [About Us](https://wolfsonbolton.com/about-us/)
    - [News & Legal Updates](https://wolfsonbolton.com/about-us/news-and-legal-updates/)
    - [Careers](https://wolfsonbolton.com/about-us/careers/)
- [Contact Us for a Consultation Today](https://wolfsonbolton.com/contact/)
- [Our Website Privacy Policy](https://wolfsonbolton.com/privacy-policy/)
- [Disclaimer](https://wolfsonbolton.com/terms-of-use/)
- [Site Map](https://wolfsonbolton.com/site-map/)

## Posts

- [Michelle Bass Featured in Bloomberg Law on Higher Bankruptcy Debt Limits](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/)
- [Presidential Pardon Does Not Prevent Subordination of Claim By Bankruptcy Court](https://wolfsonbolton.com/news-updates/2026/september/presidential-pardon-does-not-prevent-subordination-of-claim-by-bankruptcy-court/)
- [Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/)
- [Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2027 Edition; Scott A. Wolfson named a “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/)
- [Supreme Court Rejects Mechanical Use of Judicial Estoppel for Undisclosed Bankruptcy Claims](https://wolfsonbolton.com/news-updates/2026/july/supreme-court-rejects-mechanical-use-of-judicial-estoppel-for-undisclosed-bankruptcy-claims/)
- [Wolfson Family Resilience Scholarship Announces 2026 Recipients](https://wolfsonbolton.com/news-updates/2026/june/wolfson-family-resilience-scholarship-announces-2026-recipients/)
- [Wolfson Bolton Kochis Earns Chambers USA 2026 Band 1 Ranking; Scott A. Wolfson Individually Recognized ](https://wolfsonbolton.com/news-updates/2026/june/wolfson-bolton-kochis-earns-chambers-usa-2026-band-1-ranking-scott-a-wolfson-individually-recognized/)
- [Scott A. Wolfson Appointed Receiver Over Stewart Knives, LLC Assets](https://wolfsonbolton.com/news-updates/2026/may/scott-a-wolfson-appointed-receiver-over-stewart-knives-llc-assets/)
- [Releases vs. Reality: How Post-Confirmation Actions Can Undermine Chapter 11 Finality](https://wolfsonbolton.com/news-updates/2026/may/releases-vs-reality-how-post-confirmation-actions-can-undermine-chapter-11-finality/)
- [Michelle H. Bass Inducted as Fellow in the American College of Bankruptcy’s 37th Class](https://wolfsonbolton.com/news-updates/2026/march/michelle-h-bass-inducted-as-fellow-in-the-american-college-of-bankruptcys-37th-class/)
- [Shielding Commercial Speech: Michigan’s New Anti-SLAPP Law Takes Effect](https://wolfsonbolton.com/news-updates/2026/march/shielding-commercial-speech-michigans-new-anti-slapp-law-takes-effect/)
- [Wolfson Bolton Kochis Recognized in TMA Detroit Transaction of the Year Award](https://wolfsonbolton.com/news-updates/2026/march/wolfson-bolton-kochis-recognized-in-tma-detroit-transaction-of-the-year-award/)
- [Amy Huang Smith Recognized as Rising Star of the Year by ACG Detroit](https://wolfsonbolton.com/news-updates/2026/march/amy-huang-smith-recognized-as-rising-star-of-the-year-by-acg-detroit/)
- [Supreme Court Voids the Concept of Void Judgments](https://wolfsonbolton.com/news-updates/2026/march/supreme-court-voids-the-concept-of-void-judgments/)
- [Wolfson Bolton Kochis PLLC Recognized by The M&A Advisor in 20th Annual Turnaround Awards](https://wolfsonbolton.com/news-updates/2026/march/wolfson-bolton-kochis-pllc-recognized-by-the-ma-advisor-in-20th-annual-turnaround-awards/)
- [Wolfson Bolton Kochis PLLC Attorneys Published in ABA Business Law Today on Equitable Subrogation in Bankruptcy](https://wolfsonbolton.com/news-updates/2026/february/wolfson-bolton-kochis-pllc-attorneys-published-in-aba-business-law-today-on-equitable-subrogation-in-bankruptcy/)
- [Wolfson Bolton Kochis Welcomes Christopher J. Pullman as Associate Attorney](https://wolfsonbolton.com/news-updates/2025/november/wolfson-bolton-kochis-welcomes-christopher-j-pullman-as-associate-attorney/)
- [Buyer Beware: Sixth Circuit Affirms Purchaser Does Not Take Collateral Free of Security Interest](https://wolfsonbolton.com/news-updates/2025/november/buyer-beware-sixth-circuit-affirms-purchaser-does-not-take-collateral-free-of-security-interest/)
- [Wolfson Bolton Kochis Earns Multiple Tier 1 Rankings in 2026 Edition of Best Law Firms®](https://wolfsonbolton.com/news-updates/2025/november/wolfson-bolton-kochis-earns-multiple-tier-1-rankings-in-2026-edition-of-best-law-firms/)
- [Peter Bolton Authors Cover Story in Journal of Corporate Renewal](https://wolfsonbolton.com/news-updates/2025/november/peter-bolton-authors-cover-story-in-journal-of-corporate-renewal/)
- [Reconsidering Specific Performance in Troubled Company Acquisition Agreements](https://wolfsonbolton.com/news-updates/2025/october/reconsidering-specific-performance-in-troubled-company-acquisition-agreements/)
- [Wolfson Bolton Kochis Represents Creditors in First Brands Group Bankruptcy](https://wolfsonbolton.com/news-updates/2025/september/wolfson-bolton-kochis-represents-creditors-in-first-brands-group-bankruptcy/)
- [Third Circuit Reinforces Finality of Bankruptcy Confirmation Orders](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/)
- [Michelle Bass Featured in Bloomberg Law on Raising Chapter 13 Bankruptcy Debt Limits](https://wolfsonbolton.com/news-updates/2025/september/michelle-bass-featured-in-bloomberg-law-on-raising-chapter-13-debt-limits/)
- [Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2026 Edition; Scott A. Wolfson named a “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2025/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2026-edition-scott-a-wolfson-named-a-lawyer-of-the-year/)
- [Wolfson Bolton Kochis Attorneys Recognized in 2025 Super Lawyers and Rising Stars Lists; Scott A. Wolfson named to Top 100](https://wolfsonbolton.com/news-updates/2025/august/wolfson-bolton-kochis-attorneys-recognized-in-2025-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/)
- [Anthony J. Kochis Recognized As Go To Lawyer For Business Litigation](https://wolfsonbolton.com/news-updates/2025/august/anthony-j-kochis-recognized-as-go-to-lawyer-for-business-litigation/)
- [Court of Appeals Confirms Trial Standard for Attorney Fees in Commercial Lease Disputes](https://wolfsonbolton.com/news-updates/2025/august/court-of-appeals-confirms-trial-standard-for-attorney-fees-in-commercial-lease-disputes/)
- [Wolfson Bolton Kochis Secures Dismissal for Client in Complex Cross-Border Commercial Dispute](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-secures-dismissal-for-client-in-complex-cross-border-commercial-dispute/)
- [Wolfson Bolton Kochis Sponsors and Participates in Annual Bankruptcy Seminar](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-sponsors-and-participates-in-annual-bankruptcy-seminar/)
- [Wolfson Bolton Kochis PLLC Guides Successful § 363 Bankruptcy Acquisition of Lonero Engineering Co., Inc.](https://wolfsonbolton.com/news-updates/2025/july/wolfson-bolton-kochis-pllc-guides-successful-363-bankruptcy-acquisition-of-lonero-engineering-co-inc/)
- [Wolfson Bolton Kochis Represents Suppliers in Marelli Bankruptcy](https://wolfsonbolton.com/news-updates/2025/june/wolfson-bolton-kochis-represents-suppliers-in-marelli-bankruptcy/)
- [Wolfson Bolton Kochis Welcomes Jason B. Puscas as Of Counsel](https://wolfsonbolton.com/news-updates/2025/june/wolfson-bolton-kochis-welcomes-jason-b-puscas-as-of-counsel/)
- [Wolfson Bolton Kochis Earns Band 1 in Chambers USA 2025; Scott A. Wolfson Also Ranked](https://wolfsonbolton.com/news-updates/2025/june/wolfson-bolton-kochis-earns-band-1-in-chambers-usa-2025-scott-a-wolfson-also-ranked/)
- [The Corporate Transparency Act, as of May 2025](https://wolfsonbolton.com/news-updates/2025/may/the-corporate-transparency-act-as-of-may-2025/)
- [Announcing the 2025 Wolfson Family Resilience Scholarship Recipients](https://wolfsonbolton.com/news-updates/2025/may/announcing-the-2025-wolfson-family-resilience-scholarship-recipients/)
- [Michelle Bass Featured in Bloomberg Law on Student Loan Bankruptcy Impact](https://wolfsonbolton.com/news-updates/2025/may/michelle-bass-featured-in-bloomberg-law-on-student-loan-bankruptcy-impact/)
- [Scott A. Wolfson Joins National Arbitration and Mediation (NAM) as Hearing Officer](https://wolfsonbolton.com/news-updates/2025/april/scott-a-wolfson-joins-national-arbitration-and-mediation-nam-as-hearing-officer/)
- [Michigan Supreme Court: Good Faith Covenant Cannot Override Clear Contract Terms](https://wolfsonbolton.com/news-updates/2025/april/michigan-supreme-court-good-faith-covenant-cannot-override-clear-contract-terms/)
- [Supreme Court Holds Statutory Waiver of Sovereign Immunity is Jurisdictional, Resolving Circuit Split](https://wolfsonbolton.com/news-updates/2025/april/supreme-court-holds-statutory-waiver-of-sovereign-immunity-is-jurisdictional-resolving-circuit-split/)
- [Illinois Bankruptcy Court Holds Pre-Petition Waivers of Automatic Stay Per Se Unenforceable.](https://wolfsonbolton.com/news-updates/2025/march/illinois-bankruptcy-court-holds-pre-petition-waivers-of-automatic-stay-per-se-unenforceable/)
- [FinCEN Pauses Corporate Transparency Act Enforcement](https://wolfsonbolton.com/news-updates/2025/march/fincen-pauses-corporate-transparency-act-enforcement/)
- [Corporate Transparency Act Reinstated (Again); FinCEN Extends Reporting Deadlines](https://wolfsonbolton.com/news-updates/2025/february/corporate-transparency-act-reinstated-again-fincen-extends-reporting-deadlines/)
- [Wolfson Bolton Kochis Objects to Confirmation of Heritage Collegiate Apparel Bankruptcy Plan](https://wolfsonbolton.com/news-updates/2025/february/wolfson-bolton-kochis-objects-to-confirmation-of-heritage-collegiate-apparel-bankruptcy-plan/)
- [Michigan Federal Judge Holds Automatic Stay Does Not Apply to Non-Debtor, Trumping Texas Bankruptcy Court](https://wolfsonbolton.com/news-updates/2025/february/michigan-federal-judge-holds-automatic-stay-does-not-apply-to-non-debtor-trumping-texas-bankruptcy-court/)
- [Stephanie Travis named to 2024 Unsung Heroes List](https://wolfsonbolton.com/news-updates/2025/february/stephanie-travis-named-to-2024-unsung-heroes-list/)
- [Wolfson Bolton Kochis PLLC Guides Successful § 363 Bankruptcy Sale of Wrena, LLC](https://wolfsonbolton.com/news-updates/2025/january/wolfson-bolton-kochis-pllc-guides-successful-363-bankruptcy-sale-of-wrena-llc/)
- [Whiplash Continues on Corporate Transparency Act; Injunction Reinstated](https://wolfsonbolton.com/news-updates/2024/december/whiplash-continues-on-corporate-transparency-act-injunction-reinstated/)
- [Fifth Circuit Lifts Injunction on Corporate Transparency Act; FinCEN Extends Reporting Deadlines](https://wolfsonbolton.com/news-updates/2024/december/fifth-circuit-lifts-injunction-on-corporate-transparency-act-fincen-extends-reporting-deadlines/)
- [Sixth Circuit Reinforces the Importance of Prompt Objections in Bankruptcy Proceedings](https://wolfsonbolton.com/news-updates/2024/december/even-a-blatant-misrepresentation-will-not-save-a-challenger-that-fails-to-timely-object-in-bankruptcy-proceedings/)
- [Corporate Transparency Act Temporarily Blocked Nationwide](https://wolfsonbolton.com/news-updates/2024/december/corporate-transparency-act-temporarily-blocked-nationwide/)
- [Bass & Wolfson Named to DBusiness 2025 Top Lawyers List](https://wolfsonbolton.com/news-updates/2024/november/bass-wolfson-named-to-dbusiness-2025-top-lawyers-list/)
- [Two Recent Delaware Opinions Rule on Preference Litigation Issues](https://wolfsonbolton.com/news-updates/2024/november/two-recent-delaware-opinions-rule-on-preference-litigation-issues/)
- [Wolfson Bolton Kochis Earns Tier 1 Rankings in the 15th Edition of Best Lawyers® “Best Law Firms” List](https://wolfsonbolton.com/news-updates/2024/november/wolfson-bolton-kochis-earns-tier-1-rankings-in-the-15th-edition-of-best-lawyers-best-law-firms-list/)
- [NCAA Football Player’s Bankruptcy Highlights Importance of Dischargeability Considerations](https://wolfsonbolton.com/news-updates/2024/october/ncaa-football-players-bankruptcy-highlights-importance-of-dischargeability-considerations/)
- [Deadline Extended: Michigan Marketable Record Title Act Extends Deadline to Protect Property Interests](https://wolfsonbolton.com/news-updates/2024/september/deadline-extended-michigan-marketable-title-act-extends-deadline-to-protect-property-interests/)
- [Wolfson Bolton Kochis Files Automotive Supplier for Chapter 11 to Pursue Sale](https://wolfsonbolton.com/news-updates/2024/september/wolfson-bolton-kochis-files-automotive-supplier-for-chapter-11-to-pursue-sale/)
- [Wolfson Bolton Kochis Selected as Unsecured Creditors’ Committee Counsel in Heritage Collegiate Apparel Bankruptcy](https://wolfsonbolton.com/news-updates/2024/september/wolfson-bolton-kochis-selected-as-unsecured-creditors-committee-counsel-in-heritage-collegiate-apparel-bankruptcy/)
- [Chapter 13 Leads to Settlement of $1.2m Judgment for Small Business Owner](https://wolfsonbolton.com/news-updates/2024/august/chapter-13-leads-to-settlement-of-1-2m-judgment-for-small-business-owner/)
- [Wolfson Bolton Kochis is Proud to Have Five Attorneys Recognized by Best Lawyers®](https://wolfsonbolton.com/news-updates/2024/august/wolfson-bolton-kochis-is-proud-to-have-five-attorneys-recognized-by-best-lawyers/)
- [Wolfson Bolton Kochis Earns Recognition in 2024 Super Lawyers List](https://wolfsonbolton.com/news-updates/2024/august/wolfson-bolton-kochis-earns-recognition-in-2024-super-lawyers-list/)
- [Drafting Precisely to Diminish Fraud Claims](https://wolfsonbolton.com/news-updates/2024/july/drafting-precisely-to-diminish-fraud-claims/)
- [Wolfson Bolton Kochis Sponsors/Scott A. Wolfson Speaks at ABI Central States Bankruptcy Workshop](https://wolfsonbolton.com/news-updates/2024/june/wolfson-bolton-kochis-sponsors-abi-central-states-bankruptcy-workshop/)
- [Wolfson Bolton Kochis PLLC Earns Recognition in Chambers and Partners 2024 Guide](https://wolfsonbolton.com/news-updates/2024/june/wolfson-bolton-kochis-pllc-earns-recognition-in-chambers-and-partners-2024-guide-2/)
- [Scott A. Wolfson Authors Article in June 2024 American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2024/june/scott-a-wolfson-authors-article-in-june-2024-american-bankruptcy-institute-journal/)
- [Celebrating Resilience and Achievement – The Wolfson Family Resilience Scholarship](https://wolfsonbolton.com/news-updates/2024/may/celebrating-resilience-and-achievement-the-wolfson-family-resilience-scholarship/)
- [Sixth Circuit Court of Appeals Invalidates Claimed Automotive “Requirements Contract”](https://wolfsonbolton.com/news-updates/2024/may/sixth-circuit-court-of-appeals-invalidates-claimed-automotive-requirements-contract/)
- [The Corporate Transparency Act Faces Legal Challenges](https://wolfsonbolton.com/news-updates/2024/may/the-corporate-transparency-act-faces-legal-challenges/)
- [Michigan Supreme Court Adopts Bankruptcy Notification Rule](https://wolfsonbolton.com/news-updates/2024/april/michigan-supreme-court-adopts-bankruptcy-notification-rule/)
- [Jo-Ann Fabrics and Crafts Files for Bankruptcy](https://wolfsonbolton.com/news-updates/2024/march/jo-ann-fabrics-and-crafts-files-for-bankruptcy/)
- [March 29, 2024 is the Deadline to Preserve Property Interests under Michigan Act](https://wolfsonbolton.com/news-updates/2024/march/march-29-2024-is-the-deadline-to-preserve-property-interests-under-michigan-act/)
- [Usury Savings Clause Cannot Save Lender](https://wolfsonbolton.com/news-updates/2024/march/usury-savings-clause-cannot-save-lender/)
- [Preference Actions May be Sold under the Bankruptcy Code](https://wolfsonbolton.com/news-updates/2024/march/preference-actions-may-be-sold-under-the-bankruptcy-code/)
- [Buyer Beware – Free and Clear Isn’t Perfectly Clear](https://wolfsonbolton.com/news-updates/2024/february/buyer-beware-free-and-clear-isnt-perfectly-clear/)
- [Imprecise Quantity Automotive “Requirements Contracts” Sustain Federal Blow](https://wolfsonbolton.com/news-updates/2024/january/imprecise-quantity-automotive-requirements-contracts-sustain-federal-blow/)
- [National Guard and Reservists Debt Relief Extension Act Enacted](https://wolfsonbolton.com/news-updates/2023/december/national-guard-and-reservists-debt-relief-extension-act-enacted/)
- [Seed Financing: Launches Ideas](https://wolfsonbolton.com/news-updates/2023/november/seed-financing-launches-ideas/)
- [Business Today Lists Scott A. Wolfson in “Top 10 Influential Bankruptcy and Restructuring Lawyers in Michigan 2023”](https://wolfsonbolton.com/news-updates/2023/november/business-today-lists-scott-a-wolfson-in-top-10-influential-bankruptcy-and-restructuring-lawyers-in-michigan-2023/)
- [Thomas “Jake” Howlett Included in DBusiness Magazines’ 2024 List of Top Lawyers](https://wolfsonbolton.com/news-updates/2023/november/thomas-jake-howlett-included-in-dbusiness-magazines-2024-list-of-top-lawyers/)
- [Wolfson Bolton Kochis Earns Tier 1 Rankings in the 14th Edition of Best Lawyers® “Best Law Firms” List](https://wolfsonbolton.com/news-updates/2023/november/wolfson-bolton-kochis-earns-tier-1-rankings-in-the-14th-edition-of-best-lawyers-best-law-firms-list/)
- [Increased Home Values Finally Paying Off for Chapter 13 Debtors](https://wolfsonbolton.com/news-updates/2023/november/increased-home-values-finally-paying-off-for-chapter-13-debtors/)
- [Delaware Supreme Court Reaffirms Freedom of Contract Regarding Limited Liability Company Agreements](https://wolfsonbolton.com/news-updates/2023/october/delaware-supreme-court-reaffirms-freedom-of-contract-regarding-limited-liability-company-agreements/)
- [Five Wolfson Bolton Attorneys Named in The Best Lawyers in America© 2024](https://wolfsonbolton.com/news-updates/2023/august/five-wolfson-bolton-attorneys-named-in-the-best-lawyers-in-america-2024/)
- [Best Lawyers Names Scott A. Wolfson A “Lawyer of the Year”](https://wolfsonbolton.com/news-updates/2023/august/best-lawyers-names-scott-a-wolfson-a-lawyer-of-the-year/)
- [Wolfson Bolton Kochis Attorneys Recognized by Super Lawyers and Named to Michigan Top 100](https://wolfsonbolton.com/news-updates/2023/august/wolfson-bolton-kochis-attorneys-recognized-by-super-lawyers-and-named-to-michigan-top-100/)
- [Michelle Bass Speaks at FBA’s 35th Annual Bankruptcy Section Seminar](https://wolfsonbolton.com/news-updates/2023/august/michelle-bass-speaks-at-fbas-35th-annual-bankruptcy-section-seminar/)
- [Michigan Supreme Court Landmark Decision on Automotive Supply Contracts](https://wolfsonbolton.com/news-updates/2023/july/michigan-supreme-court-landmark-decision-on-automotive-supply-contracts/)
- [Private Business Required to Disclose Ownership under New Corporate Transparency Act](https://wolfsonbolton.com/news-updates/2023/july/private-business-required-to-disclose-ownership-under-new-corporate-transparency-act/)
- [Scott A. Wolfson Authors Cover Article in July 2023 American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2023/july/scott-a-wolfson-authors-cover-article-in-july-2023-american-bankruptcy-institute-journal/)
- [Scott A. Wolfson Ranked in the Chambers and Partners USA Guide 2023](https://wolfsonbolton.com/news-updates/2023/june/scott-a-wolfson-ranked-in-the-chambers-and-partners-usa-guide-2023/)
- [Michelle H. Bass’ American Bankruptcy Institute Journal Article Included in the Best of ABI 2022](https://wolfsonbolton.com/news-updates/2023/may/michelle-h-bass-american-bankruptcy-institute-journal-article-included-in-the-best-of-abi-2022/)
- [Annual Wolfson Family Resilience Scholarship Awarded](https://wolfsonbolton.com/news-updates/2023/may/annual-wolfson-family-resilience-scholarship-awarded/)
- [Supreme Court Rules Section 363(m) of Bankruptcy Code Is Not Jurisdictional](https://wolfsonbolton.com/news-updates/2023/may/supreme-court-rules-section-363m-of-bankruptcy-code-is-not-jurisdictional/)
- [Scott A. Wolfson Elected Director of American College of Bankruptcy Foundation](https://wolfsonbolton.com/news-updates/2023/april/scott-a-wolfson-elected-director-of-american-college-of-bankruptcy-foundation/)
- [Logan T. Grizzell Joins Wolfson Bolton Kochis as Associate Attorney](https://wolfsonbolton.com/news-updates/2023/march/logan-t-grizzell-joins-wolfson-bolton-kochis-as-associate-attorney/)
- [Thomas J. Howlett Joins Wolfson Bolton Kochis, Leads Real Estate Practice](https://wolfsonbolton.com/news-updates/2023/march/thomas-j-howlett-joins-wolfson-bolton-kochis-leads-real-estate-practice/)
- [Michelle H. Bass Business Highlight Quoted in CNBC Article](https://wolfsonbolton.com/news-updates/2023/february/michelle-h-bass-business-highlight-quoted-in-cnbc-article/)
- [Scott Wolfson Obtains Back-to-Back Victories in Sixth Circuit Court of Appeals](https://wolfsonbolton.com/news-updates/2023/february/scott-wolfson-obtains-back-to-back-victories-in-sixth-circuit-court-of-appeals/)
- [Scott A. Wolfson Featured in Latest American Bankruptcy Institute Industry Viewpoints Segment](https://wolfsonbolton.com/news-updates/2023/february/scott-a-wolfson-featured-in-latest-american-bankruptcy-institute-industry-viewpoints-segment/)
- [Scott A. Wolfson Speaks at the Economic Club of Marquette County](https://wolfsonbolton.com/news-updates/2023/january/scott-a-wolfson-speaks-at-the-economic-club-of-marquette-county/)
- [Wolfson Bolton Starts the New Year With a New Name – Wolfson Bolton Kochis PLLC](https://wolfsonbolton.com/news-updates/2023/january/wolfson-bolton-starts-the-new-year-with-a-new-name-wolfson-bolton-kochis-pllc/)
- [Two Wolfson Bolton Partners Speak at American Bankruptcy Institute’s Winter Leadership Conference](https://wolfsonbolton.com/news-updates/2022/december/two-wolfson-bolton-partners-speak-at-american-bankruptcy-institutes-winter-leadership-conference/)
- [UCC Seriously Misleading – Is an Abbreviation of a Borrower’s Name Fatal to Perfecting a Security Interest?](https://wolfsonbolton.com/news-updates/2022/november/ucc-seriously-misleading-is-an-abbreviation-of-a-borrowers-name-fatal-to-perfecting-a-security-interest/)
- [Wolfson Bolton Earns Tier 1 Rankings in 2023 Edition Of U.S. News – “Best Law Firms” List](https://wolfsonbolton.com/news-updates/2022/november/wolfson-bolton-earns-tier-1-rankings-in-2023-edition-of-u-s-news-best-law-firms-list/)
- [Delaware Court Holds Anti-Reliance Provisions Do Not Bar Fraudulent Inducement Claim](https://wolfsonbolton.com/news-updates/2022/september/delaware-court-holds-anti-reliance-provisions-do-not-bar-fraudulent-inducement-claim/)
- [Wolfson Bolton Retained in Large Bankruptcy Case](https://wolfsonbolton.com/news-updates/2022/september/wolfson-bolton-retained-in-large-bankruptcy-case/)
- [Wolfson Bolton Attorneys Selected by Best Lawyers 2023](https://wolfsonbolton.com/news-updates/2022/august/wolfson-bolton-attorneys-selected-by-best-lawyers-2023/)
- [Wolfson Bolton Partners Recognized by Super Lawyers and One Named to Michigan Top 100](https://wolfsonbolton.com/news-updates/2022/august/wolfson-bolton-partners-recognized-by-super-lawyers-and-one-named-to-michigan-top-100/)
- [Chapter 11’s 547(b) Amendment: What Does “Due Diligence” Mean for Preferential Payment Claw Backs?](https://wolfsonbolton.com/news-updates/2022/july/chapter-11s-547b-amendment-what-does-due-diligence-mean-for-preferential-payment-claw-backs/)
- [Boyce Hydro Liquidating Trustee Scott A. Wolfson Interviewed by ABC12 about Claim Deadline](https://wolfsonbolton.com/news-updates/2022/july/boyce-hydro-liquidating-trustee-scott-a-wolfson-interviewed-by-abc12-about-claim-deadline/)
- [Michelle H. Bass Speaks at the American Bankruptcy Institute’s 29th Annual Central States Bankruptcy Workshop](https://wolfsonbolton.com/news-updates/2022/june/michelle-h-bass-speaks-at-the-american-bankruptcy-institutes-29th-annual-central-states-bankruptcy-workshop/)
- [Michelle H. Bass Authors Article in July 2022 American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2022/june/michelle-h-bass-authors-article-in-july-2022-american-bankruptcy-institute-journal/)
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- [Scott A. Wolfson Named a Lawyer of the Year 2022](https://wolfsonbolton.com/news-updates/2021/august/scott-a-wolfson-named-a-lawyer-of-the-year-2022/)
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- [SBA Issues Guidance on PPP Loans and Change of Ownership Transactions](https://wolfsonbolton.com/news-updates/2021/march/sba-issues-guidance-on-ppp-loans-and-change-of-ownership-transactions/)
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- [Federal Court Finds that OEM Purchase Order Does Not Necessarily Govern Parties’ Contract](https://wolfsonbolton.com/news-updates/2021/january/federal-court-finds-that-oem-purchase-order-does-not-necessarily-govern-parties-contract/)
- [Court of Appeals Applies Michigan Law to Forum-Selection Clause, Regardless of Parties’ Choice of Law](https://wolfsonbolton.com/news-updates/2020/december/court-of-appeals-applies-michigan-law-to-forum-selection-clause-regardless-of-parties-choice-of-law/)
- [Anthony J. Kochis to Present on Strafford Webinar, “Section 523 Nondischargeability Litigation: Plaintiff and Defense Strategies”](https://wolfsonbolton.com/news-updates/2020/december/anthony-j-kochis-to-present-on-strafford-webinar-section-523-nondischargeability-litigation-plaintiff-and-defense-strategies/)
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- [Eric A. Zacks Co-Wrote Casebook Titled “Contracts In Context: From Transaction To Litigation”](https://wolfsonbolton.com/news-updates/2019/march/eric-a-zacks-co-wrote-casebook-titled-contracts-in-context-from-transaction-to-litigation/)
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- [U.S. Supreme Court: False Statements about a Single Asset Must Be in Writing for Nondischargeability](https://wolfsonbolton.com/news-updates/2018/june/u-s-supreme-court-false-statements-about-a-single-asset-must-be-in-writing-for-nondischargeability/)
- [Sixth Circuit Suggests Zero Tolerance for Penalties Incurred In Connection with Fraud](https://wolfsonbolton.com/news-updates/2018/june/sixth-circuit-suggests-zero-tolerance-for-penalties-incurred-in-connection-with-fraud/)
- [Counterclaims Asserted by Borrower Not a Defense to Guarantors’ Liability](https://wolfsonbolton.com/news-updates/2018/june/counterclaims-asserted-by-borrower-not-a-defense-to-guarantors-liability/)
- [Scott A. Wolfson Recognized by DBusiness as 2018 Top Lawyer in Fields of Mediation and Bankruptcy and Creditor/Debtor Rights Law](https://wolfsonbolton.com/news-updates/2018/june/scott-a-wolfson-recognized-by-dbusiness-as-2018-top-lawyer-in-fields-of-mediation-and-bankruptcy-and-creditor-debtor-rights-law/)
- [Scott A. Wolfson to Speak at Wolfson Bolton Sponsored American Bankruptcy Institute Conference](https://wolfsonbolton.com/news-updates/2018/june/scott-a-wolfson-to-speak-at-wolfson-bolton-sponsored-american-bankruptcy-institute-conference/)
- [Anthony J. Kochis Attends State Bar of Michigan Litigation Summer Conference](https://wolfsonbolton.com/news-updates/2018/june/anthony-j-kochis-attends-state-bar-of-michigan-litigation-summer-conference/)
- [FCA Prohibited from Asserting Setoff Rights Under Accommodation Agreement](https://wolfsonbolton.com/news-updates/2018/april/fca-prohibited-from-asserting-setoff-rights-under-accommodation-agreement/)
- [Bankruptcy Court Awards Nearly $100K in Sanctions Against Individual Asserting Estate’s Claims](https://wolfsonbolton.com/news-updates/2018/april/bankruptcy-court-awards-nearly-100k-in-sanctions-against-individual-asserting-estates-claims/)
- [Post-Bankruptcy Transfers Governed By Date Of Honor Rule](https://wolfsonbolton.com/news-updates/2018/april/post-bankruptcy-transfers-governed-by-date-of-honor-rule/)
- [U.S. Supreme Court Narrows Bankruptcy “Safe Harbor” Protections in Clawback Litigation](https://wolfsonbolton.com/news-updates/2018/april/u-s-supreme-court-narrows-bankruptcy-safe-harbor-protections-in-clawback-litigation/)
- [Michelle H. Bass and Kathleen A. Stearns Join In Reestablishing Michigan Network of IWIRC](https://wolfsonbolton.com/news-updates/2018/april/michelle-h-bass-and-kathleen-a-stearns-join-in-reestablishing-michigan-network-of-iwirc/)
- [Uniform Receivership Act Enacted in Michigan](https://wolfsonbolton.com/news-updates/2018/march/uniform-receivership-act-enacted-in-michigan/)
- [Uncodified Best Practices in Consumer Bankruptcy Cases in the Digital Age](https://wolfsonbolton.com/news-updates/2018/february/uncodified-best-practices-in-consumer-bankruptcy-cases-in-the-digital-age/)
- [Update on U.S. Department of Transportation Connected Vehicle Pilots](https://wolfsonbolton.com/news-updates/2018/february/update-on-u-s-department-of-transportation-connected-vehicle-pilots/)
- [Sixth Circuit Clarifies Requirements to Preserve Claims in Bankruptcy](https://wolfsonbolton.com/news-updates/2018/february/sixth-circuit-clarifies-requirements-to-preserve-claims-in-bankruptcy/)
- [Administrative Expense Allowed for Claim Against Assignee for the Benefit of Creditors](https://wolfsonbolton.com/news-updates/2018/january/administrative-expense-allowed-for-claim-against-assignee-for-the-benefit-of-creditors/)
- [Scott A. Wolfson and Charles M. Moore Author Article in January 2018 American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2018/january/scott-a-wolfson-and-charles-m-moore-author-article-in-january-2018-american-bankruptcy-institute-journal/)
- [Reclamation Claim, Even If Valid, Is Primed By Prior Floating Lien](https://wolfsonbolton.com/news-updates/2017/december/reclamation-claim-even-if-valid-is-primed-by-prior-floating-lien/)
- [Update On NAFTA Negotiations](https://wolfsonbolton.com/news-updates/2017/december/update-on-nafta-negotiations/)
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- [Challenge to Trustee’s Sale of Avoidance Actions Moot](https://wolfsonbolton.com/news-updates/2017/december/challenge-to-trustees-sale-of-avoidance-actions-moot/)
- [Ninth Circuit Determines De Facto Control is not Dominion in Fraudulent Transfer Case](https://wolfsonbolton.com/news-updates/2017/november/ninth-circuit-determines-de-facto-control-is-not-dominion-in-fraudulent-transfer-case/)
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- [Wolfson Bolton Earns Tier 1 Rankings In 2018 Edition Of U.S. News – Best Lawyers “Best Law Firms” List](https://wolfsonbolton.com/news-updates/2017/november/wolfson-bolton-earns-tier-1-rankings-in-2018-edition-of-u-s-news-best-lawyers-best-law-firms-list/)
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- [Fraud Of A Greater Magnitude: Sixth Circuit Reinforces High Bar For Relief Under Rule 60(d)(1)](https://wolfsonbolton.com/news-updates/2017/september/fraud-of-a-greater-magnitude-sixth-circuit-reinforces-high-bar-for-relief-under-rule-60d1/)
- [Ninth Circuit Allows Trustee’s Fraudulent Conveyance Suit against IRS](https://wolfsonbolton.com/news-updates/2017/september/ninth-circuit-allows-trustees-fraudulent-conveyance-suit-against-irs/)
- [Michelle H. Bass Joins Wolfson Bolton PLLC](https://wolfsonbolton.com/news-updates/2017/september/michelle-h-bass-joins-wolfson-bolton-pllc/)
- [Adverse-Domination Doctrine Does Not Toll Statute of Limitations For Claims Committee Could Have Brought](https://wolfsonbolton.com/news-updates/2017/august/adverse-domination-doctrine-does-not-toll-statute-of-limitations-for-claims-committee-could-have-brought/)
- [Tenants Beware: Bankruptcy Sale May Terminate Your Lease](https://wolfsonbolton.com/news-updates/2017/august/tenants-beware-bankruptcy-sale-may-terminate-your-lease/)
- [Secured Lender’s Dispositive Motion Denied in Sports Authority’s Consignment Controversy](https://wolfsonbolton.com/news-updates/2017/august/secured-lenders-dispositive-motion-denied-in-sports-authoritys-consignment-controversy/)
- [Scott A. Wolfson Named to American Bar Association Leadership](https://wolfsonbolton.com/news-updates/2017/august/scott-a-wolfson-named-to-american-bar-association-leadership/)
- [Court Of Appeals Affirms Trial Court’s Decision To Bar Witnesses After Party Misses Disclosure Deadline](https://wolfsonbolton.com/news-updates/2017/july/court-of-appeals-affirms-trial-courts-decision-to-bar-witnesses-after-party-misses-disclosure-deadline/)
- [Bankruptcy Court Holds Case Subject To Dismissal When Reorganization Depends On Income Derived From Sale Of Marijuana](https://wolfsonbolton.com/news-updates/2017/july/bankruptcy-court-holds-case-subject-to-dismissal-when-reorganization-depends-on-income-derived-from-sale-of-marijuana/)
- [Scott Wolfson Speaks at Federal Bar Association Bankruptcy Seminar](https://wolfsonbolton.com/news-updates/2017/july/scott-wolfson-speaks-at-federal-bar-association-bankruptcy-seminar/)
- [Sixth Circuit Holds “Insured-Versus-Insured” Exclusion Applies to Liquidating Trustees](https://wolfsonbolton.com/news-updates/2017/june/sixth-circuit-holds-insured-versus-insured-exclusion-applies-to-liquidating-trustees/)
- [Michigan Supreme Court Issues Important Ruling in LLC Member Oppression Case](https://wolfsonbolton.com/news-updates/2017/june/michigan-supreme-court-issues-important-ruling-in-llc-member-oppression-case/)
- [Supreme Court Holds Time-Barred Bankruptcy Proof of Claim Does Not Violate Fair Debt Collection Practices Act](https://wolfsonbolton.com/news-updates/2017/may/supreme-court-holds-time-barred-bankruptcy-proof-of-claim-does-not-violate-fair-debt-collection-practices-act/)
- [Michigan Supreme Court Permits Jury Waiver Regarding Award of Attorney Fees](https://wolfsonbolton.com/news-updates/2017/may/michigan-supreme-court-permits-jury-waiver-regarding-award-of-attorney-fees/)
- [Sixth Circuit Holds Assignment of Rents Is Transfer of Ownership Under Michigan Law](https://wolfsonbolton.com/news-updates/2017/may/sixth-circuit-holds-assignment-of-rents-is-transfer-of-ownership-under-michigan-law/)
- [Scott A. Wolfson Appointed Hearing Panelist for Michigan Attorney Discipline Board](https://wolfsonbolton.com/news-updates/2017/may/scott-a-wolfson-appointed-hearing-panelist-for-michigan-attorney-discipline-board/)
- [Annual Wolfson Family Resiliency Scholarship Awarded](https://wolfsonbolton.com/news-updates/2017/may/annual-wolfson-family-resiliency-scholarship-awarded/)
- [Anthony J. Kochis To Speak At 24th Annual Central States Bankruptcy Workshop](https://wolfsonbolton.com/news-updates/2017/may/anthony-j-kochis-to-speak-at-24th-annual-central-states-bankruptcy-workshop/)
- [Michigan Court of Appeals Holds That Not All Common-Law Unfair Competition Claims Are Preempted by Michigan Uniform Trade Secrets Act](https://wolfsonbolton.com/news-updates/2017/april/michigan-court-of-appeals-holds-that-not-all-common-law-unfair-competition-claims-are-preempted-by-michigan-uniform-trade-secrets-act/)
- [Supreme Court Rejects Structured Dismissals That Violate Bankruptcy Priority Distribution Scheme](https://wolfsonbolton.com/news-updates/2017/april/supreme-court-rejects-structured-dismissals-that-violate-bankruptcy-priority-distribution-scheme/)
- [Badges of Fraud Shift Burden of Proof to Judgment Debtor Defendant](https://wolfsonbolton.com/news-updates/2017/march/badges-of-fraud-shift-burden-of-proof-to-judgment-debtor-defendant/)
- [Intercreditor Agreement Enforced Despite Restructuring of Priority Debt](https://wolfsonbolton.com/news-updates/2017/march/intercreditor-agreement-enforced-despite-restructuring-of-priority-debt/)
- [Wolfson Bolton Retained as Committee Counsel in VPH Pharmacy Case](https://wolfsonbolton.com/news-updates/2017/march/wolfson-bolton-retained-as-committee-counsel-in-vph-pharmacy-case/)
- [Sixth Circuit Court of Appeals Issues Lengthy Opinion Regarding Claims of Actual Fraud](https://wolfsonbolton.com/news-updates/2017/february/sixth-circuit-court-of-appeals-issues-lengthy-opinion-regarding-claims-of-actual-fraud/)
- [Settlement Is Binding Despite Claim that Attorney Lacked Client Authorization](https://wolfsonbolton.com/news-updates/2017/february/settlement-is-binding-despite-claim-that-attorney-lacked-client-authorization/)
- [Bank’s Security Interest Does Not Attach to Chapter 11 Bankruptcy Retainer](https://wolfsonbolton.com/news-updates/2017/january/banks-security-interest-does-not-attach-to-chapter-11-bankruptcy-retainer/)
- [Creditors’ Committee’s Legal Fees Not Subject to Pre-Confirmation Cap](https://wolfsonbolton.com/news-updates/2017/january/creditors-committees-legal-fees-not-subject-to-pre-confirmation-cap/)
- [Sixth Circuit: Bankruptcy Trustee’s Veil Piercing and Substantive Consolidation Claims Fail in Fraudulent Transfer Case](https://wolfsonbolton.com/news-updates/2017/january/sixth-circuit-bankruptcy-trustees-veil-piercing-and-substantive-consolidation-claims-fail-in-fraudulent-transfer-case/)
- [ABA’s Business Law Today Publishes Anthony J. Kochis’ Safe Harbor Article](https://wolfsonbolton.com/news-updates/2017/january/abas-business-law-today-publishes-anthony-j-kochis-safe-harbor-article/)
- [WB Announces Creation of Mobility Practice Group](https://wolfsonbolton.com/news-updates/2017/january/wb-announces-creation-of-mobility-practice-group/)
- [Golf Channel Scores Bounce Back Birdie in Ponzi Scheme Fraudulent Transfer Case](https://wolfsonbolton.com/news-updates/2016/december/golf-channel-scores-bounce-back-birdie-in-ponzi-scheme-fraudulent-transfer-case/)
- [Michigan Legislature Considers Replacing Uniform Fraudulent Transfer Act with Uniform Voidable Transactions Act](https://wolfsonbolton.com/news-updates/2016/december/michigan-legislature-considers-replacing-uniform-fraudulent-transfer-act-with-uniform-voidable-transactions-act/)
- [More Than They Barton’ed for: Plaintiffs Must Seek Authorization to Sue Committee Members under Barton Doctrine](https://wolfsonbolton.com/news-updates/2016/december/more-than-they-bartoned-for-plaintiffs-must-seek-authorization-to-sue-committee-members-under-barton-doctrine/)
- [Anthony J. Kochis Selected to Up & Coming Lawyers Class by Michigan Lawyers Weekly](https://wolfsonbolton.com/news-updates/2016/december/anthony-j-kochis-selected-to-up-coming-lawyers-class-by-michigan-lawyers-weekly/)
- [Eleventh Circuit Court of Appeals Holds District Court Is Without Jurisdiction to Rule on Alleged Violation of Bankruptcy Discharge Injunction](https://wolfsonbolton.com/news-updates/2016/november/eleventh-circuit-court-of-appeals-holds-district-court-is-without-jurisdiction-to-rule-on-alleged-violation-of-bankruptcy-discharge-injunction/)
- [Sixth Circuit Denies Detroit Pensioners’ Appeal under Equitable Mootness Doctrine](https://wolfsonbolton.com/news-updates/2016/november/sixth-circuit-denies-detroit-pensioners-appeal-under-equitable-mootness-doctrine/)
- [Scott A. Wolfson and Adam L. Kochenderfer Named 2017 Top Lawyers](https://wolfsonbolton.com/news-updates/2016/november/scott-a-wolfson-and-adam-l-kochenderfer-named-2017-top-lawyers/)
- [Scott A. Wolfson Moderates American Bankruptcy Institute Panel on Depositions](https://wolfsonbolton.com/news-updates/2016/november/scott-a-wolfson-moderates-american-bankruptcy-institute-panel-on-depositions/)
- [Wolfson Bolton Earns Tier 1 Rankings in 2017 U.S. News – Best Lawyers® “Best Law Firms” List](https://wolfsonbolton.com/news-updates/2016/november/wolfson-bolton-earns-tier-1-rankings-in-2017-u-s-news-best-lawyers-best-law-firms-list/)
- [Receiver’s Sale of Real Estate Free and Clear of Mortgages Upheld](https://wolfsonbolton.com/news-updates/2016/october/receivers-sale-of-real-estate-free-and-clear-of-mortgages-upheld/)
- [Party Bound By Settlement Agreement’s Terms Despite Failing to Sign It](https://wolfsonbolton.com/news-updates/2016/september/party-bound-by-settlement-agreements-terms-despite-failing-to-sign-it/)
- [Chapter 7 Trustee’s Civil Conspiracy Claim Survives In Pari Delicto Challenge](https://wolfsonbolton.com/news-updates/2016/september/chapter-7-trustees-civil-conspiracy-claim-survives-in-pari-delicto-challenge/)
- [Court Permits Creditor to Set Off Administrative Expense against Preferential Liability](https://wolfsonbolton.com/news-updates/2016/august/court-permits-creditor-to-set-off-administrative-expense-against-preferential-liability/)
- [Bankruptcy “Blocking Director” of Michigan LLC Rejected](https://wolfsonbolton.com/news-updates/2016/august/bankruptcy-blocking-director-of-michigan-llc-rejected/)
- [Scott A. Wolfson Named “Lawyer of the Year” for 2017](https://wolfsonbolton.com/news-updates/2016/august/scott-a-wolfson-named-lawyer-of-the-year-for-2017/)
- [The Best Lawyers in America© 2017 Honors Peter C. Bolton](https://wolfsonbolton.com/news-updates/2016/august/the-best-lawyers-in-america-2017-honors-peter-c-bolton/)
- [ABA Business Bankruptcy Committee to Host Claims Trading Debate at the National Conference of Bankruptcy Judges](https://wolfsonbolton.com/news-updates/2016/august/aba-business-bankruptcy-committee-to-host-claims-trading-debate-at-the-national-conference-of-bankruptcy-judges/)
- [Anthony Kochis Receives TMA Detroit nextGen Top of the Class Award](https://wolfsonbolton.com/news-updates/2016/august/anthony-kochis-receives-tma-detroit-nextgen-top-of-the-class-award/)
- [Unperfected Secured Creditor with After Acquired Property Clause Ruled Top Dog](https://wolfsonbolton.com/news-updates/2016/july/unperfected-secured-creditor-with-after-acquired-property-clause-ruled-top-dog/)
- [Equitable Subrogation Appropriate Despite Payor Being Party to Mortgage](https://wolfsonbolton.com/news-updates/2016/july/equitable-subrogation-appropriate-despite-payor-being-party-to-mortgage/)
- [General Products Corporation Files Bankruptcy, Seeks Quick Sale of Assets](https://wolfsonbolton.com/news-updates/2016/july/general-products-corporation-files-bankruptcy-seeks-quick-sale-of-assets/)
- [Restriction Prohibiting LLC’s Bankruptcy Filing Held Void](https://wolfsonbolton.com/news-updates/2016/june/restriction-prohibiting-llcs-bankruptcy-filing-held-void/)
- [Divestiture Doctrine Inapplicable to Request for Stay Pending Appeal](https://wolfsonbolton.com/news-updates/2016/june/divestiture-doctrine-inapplicable-to-request-for-stay-pending-appeal/)
- [Scott A. Wolfson to Speak at American Bankruptcy Institute’s Central States Conference](https://wolfsonbolton.com/news-updates/2016/june/scott-a-wolfson-to-speak-at-american-bankruptcy-institutes-central-states-conference/)
- [Scott A. Wolfson Delivers Commencement Address](https://wolfsonbolton.com/news-updates/2016/june/scott-a-wolfson-delivers-commencement-address/)
- [Supreme Court Broadly Interprets “Actual Fraud” Bankruptcy Discharge Exception](https://wolfsonbolton.com/news-updates/2016/may/supreme-court-broadly-interprets-actual-fraud-bankruptcy-discharge-exception/)
- [Words Speak Louder Than Numbers](https://wolfsonbolton.com/news-updates/2016/may/words-speak-louder-than-numbers/)
- [First Annual Wolfson Family Resiliency Scholarship Awarded](https://wolfsonbolton.com/news-updates/2016/may/first-annual-wolfson-family-resiliency-scholarship-awarded/)
- [Michigan Court of Appeals Rules Circuit Court Did Not Have Jurisdiction Over Claim and Delivery Action](https://wolfsonbolton.com/news-updates/2016/april/michigan-court-of-appeals-rules-circuit-court-did-not-have-jurisdiction-over-claim-and-delivery-action/)
- [Fifth Circuit Upholds Surcharge against Secured Creditor Despite Failed Sale Efforts](https://wolfsonbolton.com/news-updates/2016/april/fifth-circuit-upholds-surcharge-against-secured-creditor-despite-failed-sale-efforts/)
- [Wolfson Bolton Sponsors Bar Charity Event](https://wolfsonbolton.com/news-updates/2016/april/wolfson-bolton-sponsors-bar-charity-event/)
- [Scott A. Wolfson’s and Anthony J. Kochis’ Article on D&O Case Published by American Bankruptcy Institute Journal](https://wolfsonbolton.com/news-updates/2016/april/scott-a-wolfsons-and-anthony-j-kochis-article-on-do-case-published-by-american-bankruptcy-institute-journal/)
- [Michigan Bar Journal Publishes Scott A. Wolfson’s Litigation Article](https://wolfsonbolton.com/news-updates/2016/april/michigan-bar-journal-publishes-scott-a-wolfsons-litigation-article/)
- [Pre-Bankruptcy Lease Terminations May Constitute Avoidable Transfers](https://wolfsonbolton.com/news-updates/2016/march/pre-bankruptcy-lease-terminations-may-constitute-avoidable-transfers/)
- [American Bankruptcy Institute Releases Scott A. Wolfson’s Podcast Preview of Spring D&O Panel](https://wolfsonbolton.com/news-updates/2016/march/american-bankruptcy-institute-releases-scott-a-wolfsons-podcast-preview-of-spring-do-panel/)
- [Michigan Court of Appeals Rules that Plaintiff Could Sue on Contract Despite Different Name on Invoice](https://wolfsonbolton.com/news-updates/2016/february/michigan-court-of-appeals-rules-that-plaintiff-could-sue-on-contract-despite-different-name-on-invoice/)
- [Payments Made by Secured Creditors to Unsecured Creditors Not Subject to Priority Scheme](https://wolfsonbolton.com/news-updates/2016/february/payments-made-by-secured-creditors-to-unsecured-creditors-not-subject-to-priority-scheme/)
- [Scott A. Wolfson Quoted in Crain’s Detroit Business on City of Detroit Preference Cases](https://wolfsonbolton.com/news-updates/2016/february/scott-a-wolfson-quoted-in-crains-detroit-business-on-city-of-detroit-preference-cases/)
- [“Inquiry Notice” of Borrower’s Fraud Voids Bank’s Security for $312 Million Loan](https://wolfsonbolton.com/news-updates/2016/january/inquiry-notice-of-borrowers-fraud-voids-banks-security-for-312-million-loan/)
- [Great Lakes Comnet, Inc. and Comlink, L.L.C. File Bankruptcy, Eyeing Quick Sale of Assets](https://wolfsonbolton.com/news-updates/2016/january/great-lakes-comnet-inc-and-comlink-l-l-c-file-bankruptcy-eyeing-quick-sale-of-assets/)
- [Bankruptcy Court Holds D&O Policy Proceeds Payable to Non-Debtors Not Estate Property](https://wolfsonbolton.com/news-updates/2016/january/bankruptcy-court-holds-do-policy-proceeds-payable-to-non-debtors-not-estate-property/)
- [Scott A. Wolfson to Speak at American Bankruptcy Institute’s Annual Spring Meeting](https://wolfsonbolton.com/news-updates/2016/january/scott-a-wolfson-to-speak-at-american-bankruptcy-institutes-annual-spring-meeting/)
- [Bankruptcy Court Did Not Err Allowing State Court Litigation against Debtor to Continue](https://wolfsonbolton.com/news-updates/2015/december/bankruptcy-court-did-not-err-allowing-state-court-litigation-against-debtor-to-continue/)
- [Scott A. Wolfson Quoted in Crain’s Detroit Business on City of Detroit Pre-Bankruptcy Preference Claims](https://wolfsonbolton.com/news-updates/2015/december/scott-a-wolfson-quoted-in-crains-detroit-business-on-city-of-detroit-pre-bankruptcy-preference-claims/)
- [City of Detroit Sues Vendors to Recover Millions in Preferential Payments](https://wolfsonbolton.com/news-updates/2015/november/city-of-detroit-sues-vendors-to-recover-millions-in-preferential-payments/)
- [Forbearance Agreement Provides Sufficient Value](https://wolfsonbolton.com/news-updates/2015/november/forbearance-agreement-provides-sufficient-value/)
- [Wolfson Bolton PLLC Receives Tier 1 Rankings from U.S. News and Best Lawyers® 2016 “Best Law Firms”](https://wolfsonbolton.com/news-updates/2015/november/wolfson-bolton-pllc-receives-tier-1-rankings-from-u-s-news-and-best-lawyers-2016-best-law-firms/)
- [Michigan Court of Appeals Holds “Exclusive” Contract Unenforceable](https://wolfsonbolton.com/news-updates/2015/october/michigan-court-of-appeals-holds-exclusive-contract-unenforceable/)
- [Sixth Circuit Permits Administrative Claim for “Substantial Contribution” in a Chapter 7 Case](https://wolfsonbolton.com/news-updates/2015/october/sixth-circuit-permits-administrative-claim-for-substantial-contribution-in-a-chapter-7-case/)
- [Scott A. Wolfson on Cover of Michigan Super Lawyers 2015](https://wolfsonbolton.com/news-updates/2015/october/scott-a-wolfson-on-cover-of-michigan-super-lawyers-2015/)
- [Court Denies Prepetition Lender’s Request for Stay Pending Appeal of Interim Financing Order](https://wolfsonbolton.com/news-updates/2015/september/court-denies-prepetition-lenders-request-for-stay-pending-appeal-of-interim-financing-order/)
- [Trump Trumps Trump](https://wolfsonbolton.com/news-updates/2015/august/trump-trumps-trump/)
- [Court Holds Subtenant Rent Payments Not Part of Farmer Jack Bankruptcy Estate](https://wolfsonbolton.com/news-updates/2015/august/court-holds-subtenant-rent-payments-not-part-of-farmer-jack-bankruptcy-estate/)
- [Peter C. Bolton and Scott A. Wolfson Recognized in Best Lawyers in America](https://wolfsonbolton.com/news-updates/2015/august/peter-c-bolton-and-scott-a-wolfson-recognized-in-best-lawyers-in-america/)
- [Sixth Circuit Holds that Law v. Siegel Limits Bankruptcy Court Authority to Disallow Exemptions](https://wolfsonbolton.com/news-updates/2015/july/sixth-circuit-holds-that-law-v-siegel-limits-bankruptcy-court-authority-to-disallow-exemptions/)
- [Wolfson Bolton Wins Summary Judgment Holding Trust Bankruptcy Estate Property](https://wolfsonbolton.com/news-updates/2015/june/wolfson-bolton-wins-summary-judgment-holding-trust-bankruptcy-estate-property/)
- [U.S. Supreme Court Holds Bankruptcy Lawyers Not Entitled to Compensation for Defending Fees](https://wolfsonbolton.com/news-updates/2015/june/u-s-supreme-court-holds-bankruptcy-lawyers-not-entitled-to-compensation-for-defending-fees/)
- [U.S. Supreme Court Overrules Debtors’ Ability to Void Underwater Junior Mortgages](https://wolfsonbolton.com/news-updates/2015/june/u-s-supreme-court-overrules-debtors-ability-to-void-underwater-junior-mortgages/)
- [Scott A. Wolfson Moderates American Bankruptcy Institute Panel](https://wolfsonbolton.com/news-updates/2015/june/scott-a-wolfson-moderates-american-bankruptcy-institute-panel/)
- [“Convoluted” UCC Financing Statement Collateral Description Not “Seriously Misleading”](https://wolfsonbolton.com/news-updates/2015/may/convoluted-ucc-financing-statement-collateral-description-not-seriously-misleading/)
- [Wolfson Bolton Retained as Committee Counsel in Lee Steel Corporation Case](https://wolfsonbolton.com/news-updates/2015/may/wolfson-bolton-retained-as-committee-counsel-in-lee-steel-corporation-case/)
- [Business Social Media Accounts Are Property of the Bankruptcy Estate](https://wolfsonbolton.com/news-updates/2015/april/business-social-media-accounts-are-property-of-the-bankruptcy-estate/)
- [District Court Reviewing Bankruptcy Court’s Proposed Findings of Fact and Conclusions of Law Need Not Accept Additional Evidence](https://wolfsonbolton.com/news-updates/2015/april/district-court-reviewing-bankruptcy-courts-proposed-findings-of-fact-and-conclusions-of-law-need-not-accept-additional-evidence/)
- [Court Holds Chapter 11 Professional Fees not Subject to Disgorgement Despite Insolvency of Converted Chapter 7 Estate](https://wolfsonbolton.com/news-updates/2015/march/court-holds-chapter-11-professional-fees-not-subject-to-disgorgement-despite-insolvency-of-converted-chapter-7-estate/)
- [Seventh Circuit Holds Free Exercise of Religion Is Not a Shield against Avoidance Actions](https://wolfsonbolton.com/news-updates/2015/march/seventh-circuit-holds-free-exercise-of-religion-is-not-a-shield-against-avoidance-actions/)
- [Reorganization Plan Discharging Debtor Did Not Discharge Obligations of Guarantors](https://wolfsonbolton.com/news-updates/2015/february/reorganization-plan-discharging-debtor-did-not-discharge-obligations-of-guarantors/)
- [Potential Chilling Effect Not Enough to Deny Right to Credit Bid](https://wolfsonbolton.com/news-updates/2015/january/potential-chilling-effect-not-enough-to-deny-right-to-credit-bid/)
- [Delaware Bankruptcy Court Dismisses Chapter 11 Filed As A Litigation Tactic](https://wolfsonbolton.com/news-updates/2015/january/delaware-bankruptcy-court-dismisses-chapter-11-filed-as-a-litigation-tactic/)
- [In Dillard v. Schlussel, No. 315485, 2014 Mich. App. LEXIS 1985, at \*1 (Mich. Ct. App. Oct. 21, 2014), the Michigan Court of Appeals held that “a debtor’s transfer of assets for the purpose of paying the debtor’s ordinary household expenses \[did not\] immun](https://wolfsonbolton.com/news-updates/2014/december/in-dillard-v-schlussel-no-315485-2014-mich-app-lexis-1985-at-1-mich-ct-app-oct-21-2014-the-michigan-court-of-appeals-held-that-a-debtors-transfer-of-assets-for-the-purpose-of-paying/)
- [Payments for Living Expenses No Bar to Actual and Constructive Fraud Claims](https://wolfsonbolton.com/news-updates/2014/december/payments-for-living-expenses-no-bar-to-actual-and-constructive-fraud-claims/)
- [State Court “Penalty” Default Judgment Entitled to Preclusive Effect](https://wolfsonbolton.com/news-updates/2014/october/state-court-penalty-default-judgment-entitled-to-preclusive-effect/)
- [Secured Creditor’s Right to Credit Bid Capped](https://wolfsonbolton.com/news-updates/2014/september/secured-creditors-right-to-credit-bid-capped/)
- [No Right to Jury Trial in Michigan Shareholder Oppression Actions](https://wolfsonbolton.com/news-updates/2014/august/no-right-to-jury-trial-in-michigan-shareholder-oppression-actions/)
- [Fourth Circuit Strikes Plan’s Non-Consensual Third-Party Release](https://wolfsonbolton.com/news-updates/2014/july/fourth-circuit-strikes-plans-non-consensual-third-party-release/)
- [Supreme Court Rules Bankruptcy Courts Can Adjudicate Stern Claims Subject To District Court Review](https://wolfsonbolton.com/news-updates/2014/june/supreme-court-rules-bankruptcy-courts-can-adjudicate-stern-claims-subject-to-district-court-review/)
- [Michigan Court of Appeals Overrides Express Contract Language by Creating “Gap Filler”](https://wolfsonbolton.com/news-updates/2014/june/michigan-court-of-appeals-overrides-express-contract-language-by-creating-gap-filler/)
- [Michigan Court of Appeals Refuses to Enforce Photocopied Promissory Note](https://wolfsonbolton.com/news-updates/2014/june/michigan-court-of-appeals-refuses-to-enforce-photocopied-promissory-note/)
- [Sixth Circuit Holds Bank’s Loss Payee Coverage Derivative](https://wolfsonbolton.com/news-updates/2014/may/sixth-circuit-holds-banks-loss-payee-coverage-derivative/)
- [Sixth Circuit Holds Individual Chapter 11 Debtors Remain Subject to the Absolute Priority Rule](https://wolfsonbolton.com/news-updates/2014/may/sixth-circuit-holds-individual-chapter-11-debtors-remain-subject-to-the-absolute-priority-rule/)
- [Sixth Circuit Holds Bankruptcy Court Has Constitutional Authority to Enter Final Judgment in Non-Discharge Action](https://wolfsonbolton.com/news-updates/2014/may/sixth-circuit-holds-bankruptcy-court-has-constitutional-authority-to-enter-final-judgment-in-non-discharge-action/)
- [Amendments to Michigan Court Rules Regarding Receivership to Take Effect May 1, 2014](https://wolfsonbolton.com/news-updates/2014/april/amendments-to-michigan-court-rules-regarding-receivership-to-take-effect-may-1-2014/)
- [Michigan Court of Appeals Refuses to Enforce Contract on Public Policy Grounds](https://wolfsonbolton.com/news-updates/2014/march/michigan-court-of-appeals-refuses-to-enforce-contract-on-public-policy-grounds/)
- [Michigan Court of Appeals Holds “Outbidding and Outmaneuvering” Does Not Constitute Tortious Interference](https://wolfsonbolton.com/news-updates/2014/march/michigan-court-of-appeals-holds-outbidding-and-outmaneuvering-does-not-constitute-tortious-interference/)
- [Filing of Unauthorized UCC Termination Statement Held Ineffective](https://wolfsonbolton.com/news-updates/2014/february/filing-of-unauthorized-ucc-termination-statement-held-ineffective-3/)
- [Filing of Unauthorized UCC Termination Statement Held Ineffective](https://wolfsonbolton.com/news-updates/2014/february/filing-of-unauthorized-ucc-termination-statement-held-ineffective-2/)
- [Filing of Unauthorized UCC Termination Statement Held Ineffective](https://wolfsonbolton.com/news-updates/2014/%monthname%/filing-of-unauthorized-ucc-termination-statement-held-ineffective/)
- [Sixth Circuit Holds Notice to Creditor’s Attorney Insufficient to Allow Discharge of Debt](https://wolfsonbolton.com/news-updates/2013/december/sixth-circuit-holds-notice-to-creditors-attorney-insufficient-to-allow-discharge-of-debt/)
- [Secured Creditor Setoff Rights Clarified in Garnishment Context](https://wolfsonbolton.com/news-updates/2013/november/secured-creditor-setoff-rights-clarified-in-garnishment-context/)
- [Junior Creditor’s Assignment of Voting Rights Enforceable in Bankruptcy](https://wolfsonbolton.com/news-updates/2013/november/junior-creditors-assignment-of-voting-rights-enforceable-in-bankruptcy/)
- [Groeb Farms, Inc. Files Chapter 11 Bankruptcy, Pursues Quick Sale to Private Equity Firm](https://wolfsonbolton.com/news-updates/2013/october/groeb-farms-inc-files-chapter-11-bankruptcy-pursues-quick-sale-to-private-equity-firm/)
- [Court Confirms Secured Creditor’s Right to Purchase Collateral at Article 9 Sale](https://wolfsonbolton.com/news-updates/2013/october/court-confirms-secured-creditors-right-to-purchase-collateral-at-article-9-sale/)
- [Sixth Circuit: Denial of a Bankruptcy Reorganization Plan Is Not a Final Order](https://wolfsonbolton.com/news-updates/2013/september/sixth-circuit-denial-of-a-bankruptcy-reorganization-plan-is-not-a-final-order/)
- [Bankruptcy Court Rules That Pre-Petition Stay Waiver Can Be Considered In Determining “Cause” For Relief From Stay](https://wolfsonbolton.com/news-updates/2013/september/bankruptcy-court-rules-that-pre-petition-stay-waiver-can-be-considered-in-determining-cause-for-relief-from-stay/)
- [Account Stated and Open Account Actions Involving Sale of Goods Subject to Michigan’s Six-Year Limitations Period](https://wolfsonbolton.com/news-updates/2013/august/account-stated-and-open-account-actions-involving-sale-of-goods-subject-to-michigans-six-year-limitations-period/)
- [Court Appoints Judge Rosen as Mediator in the City of Detroit Chapter 9 Bankruptcy Case](https://wolfsonbolton.com/news-updates/2013/august/court-appoints-judge-rosen-as-mediator-in-the-city-of-detroit-chapter-9-bankruptcy-case/)
- [Primary Issues to be Decided in the City of Detroit Chapter 9 Bankruptcy Case](https://wolfsonbolton.com/news-updates/2013/august/primary-issues-to-be-decided-in-the-city-of-detroit-chapter-9-bankruptcy-case/)
- [City of Detroit Files Chapter 9 Bankruptcy](https://wolfsonbolton.com/news-updates/2013/july/city-of-detroit-files-chapter-9-bankruptcy/)
- [Michigan Courts May Exercise Jurisdiction Over Businesses that Have Few In-State Contacts](https://wolfsonbolton.com/news-updates/2013/june/michigan-courts-may-exercise-jurisdiction-over-businesses-that-have-few-in-state-contacts/)
- [Sixth Circuit Holds Trustee and His Attorneys Protected by Quasi-Judicial Immunity](https://wolfsonbolton.com/news-updates/2013/june/sixth-circuit-holds-trustee-and-his-attorneys-protected-by-quasi-judicial-immunity/)
- [Detroit Emergency Manager’s Report Declares City “Clearly Insolvent”](https://wolfsonbolton.com/news-updates/2013/may/detroit-emergency-managers-report-declares-city-clearly-insolvent/)
- [Release Given by Chapter 11 Debtor Binding on Chapter 7 Trustee](https://wolfsonbolton.com/news-updates/2013/april/release-given-by-chapter-11-debtor-binding-on-chapter-7-trustee/)
- [Bankruptcy Court Holds 11 U.S.C. § 502(d) Does Not Bar Allowance of an Administrative Claim](https://wolfsonbolton.com/news-updates/2013/february/bankruptcy-court-holds-11-u-s-c-502d-does-not-bar-allowance-of-an-administrative-claim/)
- [Sixth Circuit Recognizes Cause of Action for Aiding and Abetting Tortious Conduct under Michigan Law](https://wolfsonbolton.com/news-updates/2013/february/sixth-circuit-recognizes-cause-of-action-for-aiding-and-abetting-tortious-conduct-under-michigan-law/)

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---

### [Careers](https://wolfsonbolton.com/about-us/careers/)

**Published:** November 7, 2023
**Author:** wbkadmin

**Content:**

[Home](https://wolfsonbolton.com/ "Home")» [About Us](https://wolfsonbolton.com/about-us/ "About Us")» Careers 

# Careers

## Join Us at Wolfson Bolton Kochis

 ![Offices of Wolfson Bolton Kochis PLLS | Troy Michigan](https://wolfsonbolton.com/wp-content/uploads/2023/11/Lobby-Image.2302091338550.jpg "Wolfson Bolton Kochis PLLC Lobby, Offices in Troy, Michigan") 

Our firm values collaboration and teamwork, placing high regard on everyone’s input. We prioritize positivity, support, and inclusion. At the core of our professional ethics are values such as respect, consistency, responsibility, ethics, and stewardship.

We are always looking for talented and self-motivated individuals committed to providing high quality legal services to join our team, and we welcome applications from such individuals. Please send your resume to  if you are interested in joining our team.

 ![Offices of Wolfson Bolton Kochis PLLS | Troy Michigan](https://wolfsonbolton.com/wp-content/uploads/2023/11/Lobby-Image.2302091338550.jpg "Wolfson Bolton Kochis PLLC Lobby, Offices in Troy, Michigan") 

## Latest News & Updates

 ###  [ Michelle Bass Featured in Bloomberg Law on Higher Bankruptcy Debt Limits ](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/october/michelle-bass-featured-in-bloomberg-law-on-higher-bankruptcy-debt-limits/) 

  ###  [ Presidential Pardon Does Not Prevent Subordination of Claim By Bankruptcy Court ](https://wolfsonbolton.com/news-updates/2026/september/presidential-pardon-does-not-prevent-subordination-of-claim-by-bankruptcy-court/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/september/presidential-pardon-does-not-prevent-subordination-of-claim-by-bankruptcy-court/) 

  ###  [ Wolfson Bolton Kochis Attorneys Recognized in 2026 Michigan Super Lawyers and Rising Stars Lists; Scott A. Wolfson Named to Top 100 ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-2026-michigan-super-lawyers-and-rising-stars-lists-scott-a-wolfson-named-to-top-100/) 

  ###  [ Wolfson Bolton Kochis Attorneys Recognized in The Best Lawyers in America® 2027 Edition; Scott A. Wolfson named a “Lawyer of the Year” ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

 [ Read More » ](https://wolfsonbolton.com/news-updates/2026/august/wolfson-bolton-kochis-attorneys-recognized-in-the-best-lawyers-in-america-2027-edition-scott-a-wolfson-named-a-lawyer-of-the-year/) 

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---

### [Our Website Privacy Policy](https://wolfsonbolton.com/privacy-policy/)

**Published:** November 3, 2023
**Author:** wbkadmin

**Content:**

# Privacy Policy

We recognize that you may be concerned about our use and disclosure of your personal information. Your privacy is very important to us, and the following will inform you of the information that we, Wolfson Bolton Kochis, may collect from you and how it is used. By using our Website, [www.wolfsonbolton.com](https://www.wolfsonbolton.com), you are accepting the practices described in this policy.

## Information Collection

We may collect non-personal information, such as a domain name and IP Address. The domain name and IP address reveals nothing personal about you other than the IP address from which you have accessed our site. We may also collect information about the type of Internet browser you are using, operating system, what brought you to our Website, as well as which of our Web pages you have accessed.

Additionally, if you communicate with us regarding our Website or our services, we will collect any information that you provide to us in any such communication.

We may contact you via email in the future to tell you about our services or changes to this privacy policy.

## Information Use

We use the collected information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving our services and Website, fulfilling requests for information, and providing client support.

## Security

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it.

If we collect sensitive information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or client service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

## Cookies

We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

## Sharing

We will not sell or otherwise provide the information we collect to outside third parties for the purpose of direct or indirect mass email marketing.

We will disclose personal information and/or an IP address when required by law or in the good-faith belief that such action is necessary to:

- Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on our company
- Protect and defend the rights or property of our Website and related properties
- Identify persons who may be violating the law or the rights of third parties, or otherwise misusing our Website or its related properties

Please keep in mind that whenever you voluntarily disclose personal information online – for example through e-mail – that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you are online.

## Links

This Website may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

## Consent

By using this Website, you consent to the collection and use of information as specified above. If we make changes to our Privacy Policy, we will post those changes on this page. Please review this page frequently to remain up-to-date with the information we collect, how we use it, and under what circumstances we disclose it. You must review the new Privacy Policy carefully to make sure you understand our practices and procedures.

**If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (248) 247-7100 or via mail Attn: Privacy Officer, 880 West Long Lake Road, Suite 420, Troy, MI 48098.**

---


## Categories

### [Firm News](https://wolfsonbolton.com/news-updates/category/firm-news/)

**Description:** Wolfson Bolton Kochis News

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**Description:** Legal Briefs and News

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### [People](https://wolfsonbolton.com/news-updates/category/people/)

**Description:** Wolfson Bolton Kochis Team Members

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### [WBK Bankruptcy](https://wolfsonbolton.com/news-updates/category/wbk-bankruptcy/)

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### [2023](https://wolfsonbolton.com/news-updates/category/firm-news/2023-firm-news/)

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### [2023](https://wolfsonbolton.com/news-updates/category/practice-updates/2023-practice-updates/)

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