Generated by All in One SEO Pro v5.0.0.1, this is an llms.txt file, used by LLMs to index the site.

# Wolfson Bolton Kochis

Michigan's Premier Boutique Business Law Firm

## Sitemaps

- [XML Sitemap](https://wolfsonbolton.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [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 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 selection to the Top 100 Michigan Super Lawyers list. These prestigious distinctions recognize outstanding attorneys based on peer recognition, professional achievement, and independent
- [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/) - Seven Wolfson Bolton Kochis attorneys were recognized by Best Lawyers, with Scott A. Wolfson named a Troy “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/) - The Supreme Court’s decision in Keathley requires courts to examine the full circumstances before barring 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 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. This year’s recipients are: Isabelle MoebiusEmily HytinenGavin Comero The Wolfson Family Resilience Scholarship was established by 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/) - Wolfson Bolton Kochis PLLC earned a Band 1 ranking for Bankruptcy/Restructuring in Michigan in Chambers USA 2026. Scott A. Wolfson was also ranked Band 2.
- [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/) - Scott A. Wolfson has been appointed by the Delta County 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
- [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/) - 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
- [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 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
- [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/) - Seven attorneys have earned recognition in the 2025 Michigan Super Lawyers and Rising Stars lists, led by Scott A. Wolfson’s selection to the Top 100 list.
- [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/) - We are proud to announce that five attorneys are recognized in the 2026 Edition of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America.
- [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/) - Wolfson Bolton Kochis PLLC is proud to highlight the achievements of firm member Anthony J. Kochis, recently featured in Michigan Lawyers Weekly as a 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
- [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/) - Raising the bankruptcy debt limits would help families and small-business owners access reorganization relief rather than forced into less suitable options.
- [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/) - Wolfson Bolton Kochis earned multiple Metropolitan Tier 1 and Tier 2 rankings in the Best Lawyers® 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/) - Peter Bolton authored “Back to the Future – Reviving Customer Groups in Automotive Supplier Workouts”, for the Nov 2025 issue of Journal of Corporate Renewal
- [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/) - Wolfson Bolton Kochis announces Michelle H. Bass’ induction as a Fellow in the 37th Class of the American College of Bankruptcy in San Antonio, Texas.
- [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/) - Michigan’s new anti-SLAPP law took effect March 24, 2026. Learn how the statute may affect business litigation, free speech claims, expedited dismissal, discovery stays, and attorney fee recovery.
- [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/) - 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.
- [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 PLLC attorneys Scott A. Wolfson and Logan T. Grizzell recently published their article, “Equitable Subrogation in Bankruptcy: A Potential Lifeline for Unsecured Creditors” in the American Bar Association Business Law Section’s Business Law Today. The article appears in the ABA’s Bankruptcy & Finance coverage and highlights a practical issue that can materially
- [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 has been recognized as a winner in The M&A Advisor’s 20th Annual Turnaround Awards. 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, Managing
- [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/) - Wolfson Bolton Kochis is pleased to share that Amy Huang Smith has been named Rising Star of the Year by the Association for Corporate Growth Detroit in connection with its 11th Annual M&A All Star Awards. This award recognizes emerging leaders who are making a meaningful impact in the mergers and acquisitions space. Amy’s recognition
- [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/) - Wolfson Bolton Kochis PLLC is honored that a transaction involving the firm has been recognized by the Turnaround Management Association Detroit Chapter 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
- [Supreme Court Voids the Concept of Void Judgments](https://wolfsonbolton.com/news-updates/2026/march/supreme-court-voids-the-concept-of-void-judgments/) - 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
- [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/) - 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
- [Reconsidering Specific Performance in Troubled Company Acquisition Agreements](https://wolfsonbolton.com/news-updates/2025/october/reconsidering-specific-performance-in-troubled-company-acquisition-agreements/) - 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
- [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/) - 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 if
- [Third Circuit Reinforces Finality of Bankruptcy Confirmation Orders](https://wolfsonbolton.com/news-updates/2025/september/third-circuit-reinforces-finality-of-bankruptcy-confirmation-orders/) - 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
- [Wolfson Bolton Kochis Represents Suppliers in Marelli Bankruptcy](https://wolfsonbolton.com/news-updates/2025/june/wolfson-bolton-kochis-represents-suppliers-in-marelli-bankruptcy/) - Our firm is representing clients who have contracts with Marelli. The Delaware Bankruptcy Court has already entered many orders impacting supplier and vendor rights.
- [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/) - 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
- [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 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 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 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
- [Announcing the 2025 Wolfson Family Resilience Scholarship Recipients](https://wolfsonbolton.com/news-updates/2025/may/announcing-the-2025-wolfson-family-resilience-scholarship-recipients/) - 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.
- [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/) - Wolfson Bolton Kochis PLLC has once again earned a Band 1 ranking for Bankruptcy/Restructuring in Michigan in the Chambers USA 2025 guide.
- [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/) - Jason Puscas has joined the firm as Of Counsel. He brings over 14 years of experience in corporate law, public policy, and executive leadership.
- [The Corporate Transparency Act, as of May 2025](https://wolfsonbolton.com/news-updates/2025/may/the-corporate-transparency-act-as-of-may-2025/) - 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
- [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/) - 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
- [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/) - Wolfson Bolton Kochis PLLC is pleased to announce that Scott A. Wolfson has joined National Arbitration and Mediation as a Hearing Officer.
- [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/) - The Supreme Court recently held that the waiver of sovereign immunity is jurisdictional, thereby limiting potential causes of action against governmental units.
- [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/) - The Michigan Supreme Court held in Kircher v. Boyne USA, Inc. that implied covenant of good faith and fair dealing neither overrides nor replaces any express contractual term.
- [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/) - 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
- [FinCEN Pauses Corporate Transparency Act Enforcement](https://wolfsonbolton.com/news-updates/2025/march/fincen-pauses-corporate-transparency-act-enforcement/) - 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).
- [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/) - The U.S. District Court for the Eastern District of Texas stayed the nationwide preliminary injunction against the Corporate Transparency Act (CTA).
- [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/) - 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.
- [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/) - Magistrate judge refuse to enforce automatic stay order of the Bankruptcy Court for the Southern District of Texas because it extended the stay to non-debtors.
- [Stephanie Travis named to 2024 Unsung Heroes List](https://wolfsonbolton.com/news-updates/2025/february/stephanie-travis-named-to-2024-unsung-heroes-list/) - Stephanie K. Travis has been named as one of 28 law firm employees selected to the Michigan Lawyers Weekly “Unsung Heroes” Class of 2024.
- [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/) - 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
- [Whiplash Continues on Corporate Transparency Act; Injunction Reinstated](https://wolfsonbolton.com/news-updates/2024/december/whiplash-continues-on-corporate-transparency-act-injunction-reinstated/) - 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
- [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/) - 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
- [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/) - 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
- [Corporate Transparency Act Temporarily Blocked Nationwide](https://wolfsonbolton.com/news-updates/2024/december/corporate-transparency-act-temporarily-blocked-nationwide/) - 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
- [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/) - Wolfson Bolton Kochis PLLC is pleased to announce that Michelle H. Bass and 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
- [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/) - 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
- [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/) - Wolfson Bolton Kochis announces it has received Metropolitan Tier 1 Rankings in four categories in the 15th Edition of Best Lawyers® “Best Law Firms” for 2025.
- [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/) - Shilo Sanders, NCAA football player, faces bankruptcy challenges due to assault judgment. Discharge hinges on disclosure, abuse, and debt exclusions.
- [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/) - 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
- [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/) - 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
- [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/) - 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 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
- [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 is proud to share that five attorneys have been recognized in the 2025 edition of The Best Lawyers in America®.
- [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/) - Wolfson Bolton Kochs is honored to have four attorneys recognized in the 2024 Super Lawyers list - Scott Wolfson, Peter Bolton, Anthony Kochis, & Michelle Bass
- [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/) - Wolfson Bolton Kochis is proud to announce that Super Lawyers has recognized: Scott A. Wolfson -- named Top 100: 2023 Michigan Super Lawyers List and 2023 Super Lawyer - Bankruptcy: Business Peter C. Bolton -- 2023 Super Lawyer - Bankruptcy: Business Anthony J. Kochis -- 2023 Super Lawyer - Creditor Debtor Rights: Business Michelle H.
- [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/) - 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 (ABI) Central States Bankruptcy Workshop, which took place June 17-19 in Chicago. This event brought together
- [Drafting Precisely to Diminish Fraud Claims](https://wolfsonbolton.com/news-updates/2024/july/drafting-precisely-to-diminish-fraud-claims/) - A Delaware court recently reaffirmed how precise sellers have to draft their purchase agreements to limit exposure to fraud claims.
- [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/) - We are thrilled to announce that Wolfson Bolton Kochis PLLC 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 has been individually recognized in the Bankruptcy/Restructuring category for the third consecutive year. These
- [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/) - 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.
- [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/) - The annual Wolfson Family Resilience Scholarship is awarded to honor roll students from Westwood High School who have demonstrated exceptional perseverance and dedication. T
- [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 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
- [The Corporate Transparency Act Faces Legal Challenges](https://wolfsonbolton.com/news-updates/2024/may/the-corporate-transparency-act-faces-legal-challenges/) - 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
- [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/) - 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
- [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/) - 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
- [Seed Financing: Launches Ideas](https://wolfsonbolton.com/news-updates/2023/november/seed-financing-launches-ideas/) - 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,
- [Chapter 11 Bankruptcy Basics](https://wolfsonbolton.com/news-updates/2020/march/chapter-11-bankruptcy-basics/) - 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
- [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/) - 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
- [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/)
- [Filing for Bankruptcy: Don't Wait Too Long](https://wolfsonbolton.com/news-updates/2021/july/filing-for-bankruptcy-dont-wait-too-long/) - 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
- [Bankruptcy Dos and Don'ts](https://wolfsonbolton.com/news-updates/2021/july/bankruptcy-dos-and-donts/) - DoTake 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
- [When is bankruptcy the right option?](https://wolfsonbolton.com/news-updates/2021/august/when-is-bankruptcy-the-right-option/)
- [5 Bankruptcy Myths](https://wolfsonbolton.com/news-updates/2021/august/5-bankruptcy-myths/)
- [3 Things to Do After Bankruptcy](https://wolfsonbolton.com/news-updates/2021/september/3-things-to-do-after-bankruptcy/) - 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 spendingOne of the most important things to do after bankruptcy is to re-examine your financial management skills and develop a
- [Understanding Chapter 7 Bankruptcy](https://wolfsonbolton.com/news-updates/2021/october/understanding-chapter-7-bankruptcy/)
- [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/)
- [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/) - 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
- [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/) - 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.
- [Michigan Supreme Court Adopts Bankruptcy Notification Rule](https://wolfsonbolton.com/news-updates/2024/april/michigan-supreme-court-adopts-bankruptcy-notification-rule/) - 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
- [Jo-Ann Fabrics and Crafts Files for Bankruptcy](https://wolfsonbolton.com/news-updates/2024/march/jo-ann-fabrics-and-crafts-files-for-bankruptcy/) - 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
- [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/) - 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
- [Usury Savings Clause Cannot Save Lender](https://wolfsonbolton.com/news-updates/2024/march/usury-savings-clause-cannot-save-lender/) - 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
- [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/) - 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,
- [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/) - 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
- [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/) - 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.
- [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/) - 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
- [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/) - 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
- [Update On NAFTA Negotiations](https://wolfsonbolton.com/news-updates/2017/december/update-on-nafta-negotiations/) - 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,
- [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/) - 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
- [Uniform Receivership Act Enacted in Michigan](https://wolfsonbolton.com/news-updates/2018/march/uniform-receivership-act-enacted-in-michigan/) - 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
- [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/) - 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.
- [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/) - 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
- [Goodrich Quality Theaters Files for Bankruptcy](https://wolfsonbolton.com/news-updates/2020/march/goodrich-quality-theaters-files-for-bankruptcy/) - 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
- [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/) - 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
- [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/) - 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.
- [Client Alert: GM Imposes New Warranty Chargeback Process](https://wolfsonbolton.com/news-updates/2021/september/client-alert-gm-imposes-new-warranty-chargeback-process/) - 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
- [UP200 Sled Dog Races](https://wolfsonbolton.com/news-updates/2022/february/up200-sled-dog-races/) - 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!
- [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/) - https://www.abc12.com/news/dam-recovery/deadline-friday-for-flood-damage-victims-in-bankruptcy-case/article_1bdfe486-02f8-11ed-9b64-277e787a9fb5.html
- [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/) - 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
- [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/) - 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
- [Imprecise Quantity Automotive “Requirements Contracts” Sustain Federal Blow](https://wolfsonbolton.com/news-updates/2024/january/imprecise-quantity-automotive-requirements-contracts-sustain-federal-blow/) - 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.
- [Buyer Beware – Free and Clear Isn’t Perfectly Clear](https://wolfsonbolton.com/news-updates/2024/february/buyer-beware-free-and-clear-isnt-perfectly-clear/) - 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
- [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/) - WBK is proud to announce that Business Today has named Scott Wolfson 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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 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
- [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/) - 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
- [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/) - 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
- [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/) - Scott Wolfson spoke on “Inflation, Restructuring, and Opportunities" at an event hosted by the Economic Club of Marquette County in Marquette.
- [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/) - 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
- [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 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
- [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/) - 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.
- [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/) - 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
- [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/) - 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,
- [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/) - 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
- [Annual Wolfson Family Resilience Scholarship Awarded](https://wolfsonbolton.com/news-updates/2023/may/annual-wolfson-family-resilience-scholarship-awarded/) - 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 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
- [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/) - 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
- [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/) - 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
- [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 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 - Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, Commercial Litigation, and Bankruptcy LitigationPeter C. Bolton - Bankruptcy and
- [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/) - 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
- [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/) - 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
- [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’s latest article, Critically Thinking About Your Critical-Vendor Status, is in the July 2023 ABI Journal. Click here for the full article.
- [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/) - WBK is pleased to announce that Jake Howlett 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
- [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/) - 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
- [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/) - The Michigan Supreme Court’s recent decision in MSSC, Inc. v. Airboss Flexible Prods. Co. 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
- [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/) - Anthony J. Kochis will be speaking during the 24th Annual Central States Bankruptcy Workshop on Friday, June 9th and Saturday, June 10th at the Grand Traverse Resort and Spa in Traverse City. He will discuss Chapter 7 Issues and Hot Topics, focusing on limited liability issues in consumer bankruptcy cases.
- [Scott Wolfson Speaks at Federal Bar Association Bankruptcy Seminar](https://wolfsonbolton.com/news-updates/2017/july/scott-wolfson-speaks-at-federal-bar-association-bankruptcy-seminar/) - 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
- [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/) - 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
- [Michelle H. Bass Joins Wolfson Bolton PLLC](https://wolfsonbolton.com/news-updates/2017/september/michelle-h-bass-joins-wolfson-bolton-pllc/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [Challenge to Trustee’s Sale of Avoidance Actions Moot](https://wolfsonbolton.com/news-updates/2017/december/challenge-to-trustees-sale-of-avoidance-actions-moot/) - 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.
- [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/) - 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.
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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.
- [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/) - 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.
- [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 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [Wolfson Bolton Represents Nassar Survivor](https://wolfsonbolton.com/news-updates/2018/july/wolfson-bolton-represents-nassar-survivor/) - 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
- [Claims Traders Beware, Anti-Assignment Clauses May Bite](https://wolfsonbolton.com/news-updates/2018/july/claims-traders-beware-anti-assignment-clauses-may-bite/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [Supreme Court: Trademark Use Contract Rights Survive Rejection](https://wolfsonbolton.com/news-updates/2019/may/supreme-court-trademark-use-contract-rights-survive-rejection/) - 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
- [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/) - 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
- [Wolfson Bolton Celebrates 10th Anniversary](https://wolfsonbolton.com/news-updates/2019/june/wolfson-bolton-celebrates-10th-anniversary/) - 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
- [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/) - 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,
- [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/) - 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
- [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/) - 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
- [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/) - 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.
- [Super Lawyers Recognizes Four Wolfson Bolton Attorneys](https://wolfsonbolton.com/news-updates/2019/september/super-lawyers-recognizes-four-wolfson-bolton-attorneys/) - 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 – named Top 100: Michigan Super Lawyers List and 2019 Super Lawyer - Bankruptcy: Business, Business LitigationAdam L. Kochenderfer – 2019 Super Lawyer - Business Litigation, Bankruptcy: Business Anthony
- [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/) - 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
- [Wolfson Bolton Opens New Office In Marquette, Michigan](https://wolfsonbolton.com/news-updates/2019/october/wolfson-bolton-opens-new-office-in-marquette-michigan/) - 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.
- [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/) - 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
- [Lara Fetsco Phillip Joins Wolfson Bolton PLLC](https://wolfsonbolton.com/news-updates/2020/january/lara-fetsco-phillip-joins-wolfson-bolton-pllc/) - 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.
- [John R. Stevenson Joins Wolfson Bolton PLLC](https://wolfsonbolton.com/news-updates/2020/february/john-r-stevenson-joins-wolfson-bolton-pllc/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - Wolfson Bolton attorneys 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
- [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/) - 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
- [Kelsey Postema Joins Wolfson Bolton PLLC](https://wolfsonbolton.com/news-updates/2020/june/kelsey-postema-joins-wolfson-bolton-pllc/) - 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
- [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/) - WB is proud to announce that Scott A. Wolfson and 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
- [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/) - 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
- [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/) - 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
- [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/) - 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 – named Top 100: Michigan Super Lawyers List and 2020 Super Lawyer - Bankruptcy: Business, Business LitigationPeter C. Bolton – 2020 Super Lawyer - Bankruptcy: Business, BankingAdam L. Kochenderfer
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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 - Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation - Bankruptcy (Lawyer of the Year)Peter C. Bolton
- [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/) - WB is proud to announce that Super Lawyers has recognized four of its attorneys. The attorneys that have been honored are:Scott A. Wolfson -- named Top 100: Michigan Super Lawyers List and 2021 Super Lawyer - Bankruptcy: BusinessPeter C. Bolton -- 2021 Super Lawyer - Bankruptcy: BusinessAnthony J. Kochis -- 2021 Rising Star - Creditor
- [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/) - 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
- [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/) - 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.
- [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/) - 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
- [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/) - 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
- [Michelle H. Bass Named Partner at Wolfson Bolton](https://wolfsonbolton.com/news-updates/2022/april/michelle-h-bass-named-partner-at-wolfson-bolton/) - 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
- [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/) - 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.” –
- [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/) - 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 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/) - 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 to read the article.
- [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 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.
- [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/) - WB is proud to announce that Super Lawyers has recognized all four of its partners.Scott A. Wolfson -- named Top 100: 2022 Michigan Super Lawyers List and 2022 Super Lawyer - Bankruptcy: BusinessPeter C. Bolton -- 2022 Super Lawyer - Bankruptcy: BusinessAnthony J. Kochis -- 2022 Super Lawyer - Creditor Debtor Rights: BusinessMichelle H. Bass
- [Wolfson Bolton Retained in Large Bankruptcy Case](https://wolfsonbolton.com/news-updates/2022/september/wolfson-bolton-retained-in-large-bankruptcy-case/) - 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
- [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/) - 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.”
- [Filing of Unauthorized UCC Termination Statement Held Ineffective](https://wolfsonbolton.com/news-updates/2014/%monthname%/filing-of-unauthorized-ucc-termination-statement-held-ineffective/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [Federal Courts Broadly Construe Subchapter V Eligibility](https://wolfsonbolton.com/news-updates/2021/july/federal-courts-broadly-construe-subchapter-v-eligibility/) - 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
- [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/) - 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
- [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/) - 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,
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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.
- [Management Cannot Preclude Directors’ Access to Privileged Communications](https://wolfsonbolton.com/news-updates/2021/february/management-cannot-preclude-directors-access-to-privileged-communications/) - 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.
- [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/) - 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
- [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/) - 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),
- [Vonica Sallan Joins Wolfson Bolton as Associate Attorney](https://wolfsonbolton.com/news-updates/2020/september/vonica-sallan-joins-wolfson-bolton-as-associate-attorney/) - 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
- [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/) - 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
- [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/) - 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,
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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),
- [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/) - 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
- [Tenants Beware: Bankruptcy Sale May Terminate Your Lease](https://wolfsonbolton.com/news-updates/2017/august/tenants-beware-bankruptcy-sale-may-terminate-your-lease/) - 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),
- [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/) - 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.
- [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/) - 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
- [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/) - 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
- [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/) - 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.
- [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/) - 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,
- [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/) - 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
- [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/) - 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
- [Annual Wolfson Family Resiliency Scholarship Awarded](https://wolfsonbolton.com/news-updates/2017/may/annual-wolfson-family-resiliency-scholarship-awarded/) - 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
- [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/) - 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.
- [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/) - 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
- [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/) - 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
- [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/) - 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."
- [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/) - 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
- [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/) - 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
- [Intercreditor Agreement Enforced Despite Restructuring of Priority Debt](https://wolfsonbolton.com/news-updates/2017/march/intercreditor-agreement-enforced-despite-restructuring-of-priority-debt/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [WB Announces Creation of Mobility Practice Group](https://wolfsonbolton.com/news-updates/2017/january/wb-announces-creation-of-mobility-practice-group/) - 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
- [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/) - 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.
- [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/) - 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"
- [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/) - 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.
- [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/) - 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
- [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/) - 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 - BankruptcyFirms included in the 2017 “Best Law Firms” list are recognized for professional excellence with consistently impressive ratings from
- [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/) - 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
- [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 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 &
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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,
- [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/) - 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
- [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/) - 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
- [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/) - 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.
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [Bankruptcy "Blocking Director" of Michigan LLC Rejected](https://wolfsonbolton.com/news-updates/2016/august/bankruptcy-blocking-director-of-michigan-llc-rejected/) - 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
- [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/) - 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,
- [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/) - 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
- [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/) - 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
- [Restriction Prohibiting LLC’s Bankruptcy Filing Held Void](https://wolfsonbolton.com/news-updates/2016/june/restriction-prohibiting-llcs-bankruptcy-filing-held-void/) - 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,
- [Scott A. Wolfson Delivers Commencement Address](https://wolfsonbolton.com/news-updates/2016/june/scott-a-wolfson-delivers-commencement-address/) - On June 2, 2016, Scott A. Wolfson delivered the commencement address to the graduating class of Westwood High School in Ishpeming, Michigan. Scott graduated from Westwood in 1988.
- [Scott A. Wolfson 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 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
- [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/) - 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
- [Words Speak Louder Than Numbers](https://wolfsonbolton.com/news-updates/2016/may/words-speak-louder-than-numbers/) - 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
- [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/) - 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
- [First Annual Wolfson Family Resiliency Scholarship Awarded](https://wolfsonbolton.com/news-updates/2016/may/first-annual-wolfson-family-resiliency-scholarship-awarded/) - 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
- [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/) - 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
- [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/) - 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.
- [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/) - 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
- [Wolfson Bolton Sponsors Bar Charity Event](https://wolfsonbolton.com/news-updates/2016/april/wolfson-bolton-sponsors-bar-charity-event/) - 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,
- [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/) - 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
- [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/) - 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
- [Pre-Bankruptcy Lease Terminations May Constitute Avoidable Transfers](https://wolfsonbolton.com/news-updates/2016/march/pre-bankruptcy-lease-terminations-may-constitute-avoidable-transfers/) - 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.
- [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/) - 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
- [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/) - 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
- [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/) - 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
- ["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/) - 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.
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [Forbearance Agreement Provides Sufficient Value](https://wolfsonbolton.com/news-updates/2015/november/forbearance-agreement-provides-sufficient-value/) - 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
- [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/) - 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
- [Michigan Court of Appeals Holds “Exclusive” Contract Unenforceable](https://wolfsonbolton.com/news-updates/2015/october/michigan-court-of-appeals-holds-exclusive-contract-unenforceable/) - 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
- [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/) - 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
- [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/) - 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
- [Trump Trumps Trump](https://wolfsonbolton.com/news-updates/2015/august/trump-trumps-trump/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [Scott A. Wolfson Moderates American Bankruptcy Institute Panel](https://wolfsonbolton.com/news-updates/2015/june/scott-a-wolfson-moderates-american-bankruptcy-institute-panel/) - 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
- [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/) - 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
- [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/) - 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
- ["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/) - 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.
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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.
- [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 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [Secured Creditor’s Right to Credit Bid Capped](https://wolfsonbolton.com/news-updates/2014/september/secured-creditors-right-to-credit-bid-capped/) - 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,
- [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/) - 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
- [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/) - 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
- [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/) - 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),
- [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/) - 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
- [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/) - 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
- [Sixth Circuit Holds Bank’s Loss Payee Coverage Derivative](https://wolfsonbolton.com/news-updates/2014/may/sixth-circuit-holds-banks-loss-payee-coverage-derivative/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [Filing of Unauthorized UCC Termination Statement Held Ineffective](https://wolfsonbolton.com/news-updates/2014/february/filing-of-unauthorized-ucc-termination-statement-held-ineffective-3/) - 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
- [Filing of Unauthorized UCC Termination Statement Held Ineffective](https://wolfsonbolton.com/news-updates/2014/february/filing-of-unauthorized-ucc-termination-statement-held-ineffective-2/) - 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
- [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/) - 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)
- [Secured Creditor Setoff Rights Clarified in Garnishment Context](https://wolfsonbolton.com/news-updates/2013/november/secured-creditor-setoff-rights-clarified-in-garnishment-context/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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).
- [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/) - 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,
- [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/) - 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.
- [City of Detroit Files Chapter 9 Bankruptcy](https://wolfsonbolton.com/news-updates/2013/july/city-of-detroit-files-chapter-9-bankruptcy/) - 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
- [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/) - 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
- [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/) - 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
- [Detroit Emergency Manager's Report Declares City "Clearly Insolvent"](https://wolfsonbolton.com/news-updates/2013/may/detroit-emergency-managers-report-declares-city-clearly-insolvent/) - 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
- [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/) - 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
- [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/) - 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
- [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/) - 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

## Pages

- [HOME](https://wolfsonbolton.com/) - Wolfson Bolton Kochis PLLC | Comprehensive Corporate Legal Solutions for Restructuring and Bankruptcy, Automotive Supply Chain, Litigation, M&A, and Real Estate
- [Specialized Legal Practice Areas](https://wolfsonbolton.com/corporate-services/) - Restructuring & Bankruptcy, Automotive, Corporate, Finance, Litigation, Regulatory Compliance, Real Estate, Finance, ADR/Facilitation, & Consumer Bankruptcy
- [Our Corporate Legal Team](https://wolfsonbolton.com/who-we-are/) - Our lawyers have extensive experience providing corporate legal representation including complex business bankruptcy and reorganization proceedings.
- [Madisyn Lloyd](https://wolfsonbolton.com/who-we-are/madisyn-m-lloyd/) - Madisyn M. Lloyd is an Administrative Assistant at Wolfson Bolton Kochis PLLC in Troy, MI. She is a cum laude graduate of Wayne State University with a background in political science, honors college achievement, and legal administrative support.
- [Stephanie K. Travis](https://wolfsonbolton.com/who-we-are/stephanie-k-travis/) - Stephanie K. Travis is the Paralegal and Office Manager at Wolfson Bolton Kochis PLLC in Troy, MI. She has supported the firm since 2010 and brings paralegal training, office management experience, QuickBooks certification, and notary public credentials.
- [Christopher J. Pullman](https://wolfsonbolton.com/who-we-are/christopher-j-pullman/) - Christopher J. Pullman is a Troy, MI bankruptcy and litigation attorney at Wolfson Bolton Kochis PLLC. He supports corporate restructuring, bankruptcy, finance, and litigation matters with bankruptcy-court, trustee, and financial services experience.
- [Logan T. Grizzell](https://wolfsonbolton.com/who-we-are/logan-t-grizzell/) - Logan T. Grizzell is a Troy, MI litigation attorney at Wolfson Bolton Kochis PLLC. He supports clients in business disputes, restructuring and bankruptcy matters, commercial litigation, and corporate legal matters.
- [Rosanna-L-Ameriguian](https://wolfsonbolton.com/who-we-are/rosanna-l-ameriguian/) - Rosanna L. Ameriguian is a Troy, MI corporate and real estate attorney at Wolfson Bolton Kochis PLLC. She supports business clients in corporate counseling, real estate, mergers and acquisitions, transactional matters, and deal support informed by litigation and project-risk experience.
- [Eric A. Zacks](https://wolfsonbolton.com/who-we-are/eric-a-zacks/) - Eric A. Zacks is a Troy, MI corporate and M&A attorney at Wolfson Bolton Kochis PLLC. He advises private businesses, individuals, private equity funds, and portfolio companies on acquisitions, divestitures, financing transactions, contracts, securities, and general corporate matters.
- [Jason B. Puscas](https://wolfsonbolton.com/who-we-are/jason-b-puscas/) - Jason B. Puscas is a Troy, MI corporate governance attorney at Wolfson Bolton Kochis PLLC. He advises clients on corporate counseling, nonprofit governance, regulatory compliance, employment matters, fundraising, investments, capital rounds, public policy, and SEC-related considerations.
- [Thomas J. Howlett](https://wolfsonbolton.com/who-we-are/thomas-j-howlett-real-estate-attorney/) - Thomas J. “Jake” Howlett is a Troy, MI real estate attorney and Practice Lead at Wolfson Bolton Kochis PLLC. He represents business clients in commercial real estate transactions, development projects, leasing, land use, and real estate litigation.
- [Peter C. Bolton](https://wolfsonbolton.com/who-we-are/peter-c-bolton/) - Peter C. Bolton is a Troy, MI automotive supply chain and finance attorney at Wolfson Bolton Kochis PLLC. He advises OEMs, suppliers, lenders, private equity groups, and businesses on supply chain risk, finance, M&A, insolvency, loan workouts, restructurings, and distressed transactions.
- [Anthony J. Kochis](https://wolfsonbolton.com/who-we-are/anthony-j-kochis/) - Anthony J. Kochis is a Troy, MI commercial litigation attorney and Practice Lead at Wolfson Bolton Kochis PLLC. He represents companies, creditors, and business owners in complex litigation, bankruptcy and insolvency disputes, automotive supply chain matters, receiverships, and creditor/debtor rights.
- [Michelle H. Bass](https://wolfsonbolton.com/who-we-are/michelle-h-bass-consumer-bankruptcy-attorney/) - Michelle H. Bass is a Troy, MI consumer bankruptcy attorney and Practice Lead at Wolfson Bolton Kochis PLLC. She represents debtors and creditors in Chapter 7, Chapter 13, Chapter 11, Subchapter V, foreclosure, repossession, and debt resolution matters.
- [Lara F. Phillip](https://wolfsonbolton.com/who-we-are/lara-f-phillip/) - Lara F. Phillip is a Troy, MI regulatory compliance attorney and Practice Lead at Wolfson Bolton Kochis PLLC. She advises corporate clients on international trade, enforcement proceedings, internal investigations, white collar defense, antitrust, sanctions, export controls, and customs matters.
- [Amy Huang Smith](https://wolfsonbolton.com/who-we-are/amy-huang-smith-corporate-attorney/) - Amy Huang Smith is a Troy, MI corporate attorney and Practice Lead at Wolfson Bolton Kochis PLLC. She advises clients on mergers and acquisitions, financing transactions, emerging growth matters, and general corporate counseling.
- [Scott A. Wolfson](https://wolfsonbolton.com/who-we-are/scott-a-wolfson/) - Scott A. Wolfson is Founder and Practice Lead for Corporate Restructuring & Bankruptcy and ADR / Facilitation at Wolfson Bolton Kochis PLLC in Troy, Michigan, advising businesses, creditors, lenders, fiduciaries, and stakeholders in complex financial distress matters.
- [Consumer Bankruptcy Attorneys in Detroit](https://wolfsonbolton.com/corporate-services/consumer-bankruptcy/) - Consumer bankruptcy lawyers serving clients throughout Michigan, with offices in both the Upper and Lower Peninsulas. Contact us for a FREE Consultation.
- [Commercial Real Estate Lawyers](https://wolfsonbolton.com/corporate-services/real-estate/) - We take a business centric approach to its clients’ real estate needs, leveraging legal and real estate executive backgrounds to deliver outstanding results.
- [Regulatory Compliance Lawyers](https://wolfsonbolton.com/corporate-services/regulatory-compliance/) - Wolfson Bolton Kochis PLLC attorneys hold extensive experience in regulatory compliance. Contact us today.
- [Mergers & Acquisitions Attorneys](https://wolfsonbolton.com/corporate-services/mergers-acquisitions-corporate/) - Our corporate attorneys focus on representing acquirers, sellers, targets, privately held businesses, financial institutions, and more.
- [Commercial Litigation Attorneys](https://wolfsonbolton.com/corporate-services/litigation/) - Our trial lawyers have litigated commercial matters throughout the country. We specialize in trials and arbitrations & hearings for injunctive relief.
- [Automotive & Supply Chain Lawyers](https://wolfsonbolton.com/corporate-services/automotive-supply-chain-lawyers/) - Home » 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
- [Corporate Restructuring & Bankruptcy](https://wolfsonbolton.com/corporate-services/corporate-restructuring-bankruptcy/) - Experts in bankruptcy and restructuring businesses, in and out of court, representing a wide range of parties through complex proceedings.
- [About Us](https://wolfsonbolton.com/about-us/) - Corporate attorneys with extensive experience in bankruptcy & reorganization, litigation, real estate, M&A, automotive supply chain, and ADR / facilitation.
- [Emerging Growth Attorneys](https://wolfsonbolton.com/corporate-services/emerging-growth/) - Comprehensive Support for Entrepreneurs. Our corporate attorneys counsel startups and entrepreneurs throughout the entire life cycle of a venture.
- [Corporate Counseling](https://wolfsonbolton.com/corporate-services/corporate-counseling/) - Home » 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
- [Contact Us for a Consultation Today](https://wolfsonbolton.com/contact/) - 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 Click image to view on Google Maps Contact Us Today Main Office Number:
- [News & Legal Updates](https://wolfsonbolton.com/about-us/news-and-legal-updates/) - Latest Legal Practice News and Firm Updates. Stay up to date with Wolfson Bolton Kochis PLLC.
- [Corporate Finance Attorneys](https://wolfsonbolton.com/corporate-services/finance/) - Home » 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
- [Alternative Dispute Resolution](https://wolfsonbolton.com/corporate-services/adr-facilitation/) - Home » 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
- [Disclaimer](https://wolfsonbolton.com/terms-of-use/) - View the Terms of Use for wolfsonbolton.com - Wolfson Bolton Kochis PLLC
- [Site Map](https://wolfsonbolton.com/site-map/) - Site Map PagesHOMEOur Corporate Legal TeamScott A. WolfsonPeter C. BoltonAnthony J. KochisMichelle H. BassThomas J. HowlettAmy Huang SmithLara F. PhillipJason B. PuscasEric A. ZacksRosanna-L-AmeriguianLogan T. GrizzellChristopher J. PullmanStephanie K. TravisMadisyn LloydSpecialized Legal Practice AreasCorporate Restructuring & BankruptcyAutomotive & Supply Chain LawyersAlternative Dispute ResolutionCorporate Finance AttorneysCommercial Litigation AttorneysRegulatory Compliance LawyersMergers & Acquisitions AttorneysCorporate CounselingEmerging Growth AttorneysCommercial
- [Careers](https://wolfsonbolton.com/about-us/careers/) - Explore career and summer internship opportunities with Wolfson Bolton Kochis PLLC.
- [Our Website Privacy Policy](https://wolfsonbolton.com/privacy-policy/) - View the privacy policy for wolfsonbolton.com - Wolfson Bolton Kochis PLLC

## Categories

- [Firm News](https://wolfsonbolton.com/news-updates/category/firm-news/) - Wolfson Bolton Kochis News
- [Practice Updates](https://wolfsonbolton.com/news-updates/category/practice-updates/) - Legal Briefs and News
- [People](https://wolfsonbolton.com/news-updates/category/people/) - Wolfson Bolton Kochis Team Members
- [WBK Bankruptcy](https://wolfsonbolton.com/news-updates/category/wbk-bankruptcy/)
- [Corporate Services](https://wolfsonbolton.com/news-updates/category/corporate-services/)
- [2023](https://wolfsonbolton.com/news-updates/category/firm-news/2023-firm-news/)
- [2023](https://wolfsonbolton.com/news-updates/category/practice-updates/2023-practice-updates/)