Scott N. Brown is a Chamber USA ranked partner of the firm and panel Trustee. Scott is considered a thought leader in the industry and has been practicing in the bankruptcy/insolvency field for 17 years. Scott concentrates his practice on court-appointed fiduciary representation, creditor’s rights, complex bankruptcy litigation and business reorganization.
Scott has been a Chapter 7 Panel Trustee in the Southern District of Florida since 2011 and has served as a trustee in numerous multimillion-dollar bankruptcies. Scott also routinely serves in a variety of other fiduciary roles including as Chapter 11 trustee, Examiner, and Receiver, and has also served as a mediator in multiple bankruptcy disputes. In addition, Scott routinely represents other trustees, assignees, and receivers.
Scott is active in various industry and community organizations; he currently serves on the Board of the National Association of Bankruptcy Trustees (NABT) and is a past president of the Bankruptcy Bar Association of the Southern District of Florida.
Scott frequently serves as a speaker for various professional groups.
Bankruptcy:
- Chapter 7 Trustee and counsel to Trustee in liquidation of Astor & Black Custom, LLC, custom men’s suit manufacturer including pursuit of multi-million-dollar litigation claims against (i) certain officers and directors, and (ii) pre-petition professionals
- Chapter 7 Trustee and counsel to Trustee in liquidation of Excelium Management, LLC, including pursuit of multi-million-dollar litigation claims against certain officers, directors and third parties
- Chapter 7 Trustee and counsel to the Trustee in liquidation of wholesale computer supply company including investigation and prosecution of accounting malpractice and professional negligence claims
- Chapter 11 Trustee and counsel to Chapter 11 Trustee in several individual Chapter 11 cases
- Chapter 7 Trustee and counsel to Trustee in over 1500 individual and corporate chapter 7 and 11 cases, experienced in investigating and prosecuting avoidance claims, objections to exemptions and discharges, and a variety of other litigation claims
- Counsel to Chapter 7 Trustee in liquidation of mortgage lender, including prosecution of avoidance claims against over 50 transferees, and investigation and prosecution of substantive consolidation claims against non-debtor entities
- Chapter 11 Examiner in originator and servicer of merchant cash advances, In re World Global Financing, Inc.
- Chapter 11 Examiner in reorganization of homeowners’ association, In re Majorca Isles Master Association, Inc.
- Counsel to various trade creditors and taxing authorities in reorganization of Florida home builder, Mercedes Homes, Inc.
- State Court Receiver and counsel to Receiver in complex, inter-family partnership dispute of diamond distributor. Successfully facilitated the negotiated resolution of multi-year litigation
Noteworthy Decisions:
- In re Omar & Alina Rodriguez, (prevailed on objection to Debtor’s claimed homestead exemption), Case No. 13-29907-AJC (S.D. Fla. 2019)
- Brown v. Sugimoto, et. al. (In re Excelium Management, LLC),(obtained multi-million judgments against former officers and directors and prevailed on appeal of most), Case No. 16-21608-JKO (S.D. Fla. 2018)
- Brown v. Luboff, et.al. (In re Sigma-Tech Sales, Inc.), 570 B.R. 408 (S.D. Fla. 2017)
- Carpenter v. Brown (In re Carpenter), 2013 WL 4047017 (S.D. Fla. 2013)
- Kapila v. S&G Financial Services, LLC and Merrick Financial Group, LLC (In re S&G Financial Services of South Florida, Inc.), 451 B.R. 573 (Bankr. S.D. Fla. 2011)
- Mukamal v. Weisenfeld (In re Joseph J. Weisenfeld), 2011 WL 1048563 (Bankr. S.D. Fla. 2011)
- In re Cotillion Investments, Inc., 343 B.R. 344 (Bankr. S.D. Fla 2006)
Awards and Recognition
- Chambers and Partners USA for Bankruptcy, 2020
- Martindale Hubbell rated AV® Preeminent™
- Best Lawyers In America– Listed in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation– Bankruptcy 2013-2020
- Florida Super Lawyers, Bankruptcy, Business Litigation, 2015-20120
- Top 100 in Florida 2017-2019
- South Florida Legal Guide– Listed among Top Lawyers in Bankruptcy, 2015-2020
- Florida Trend, Florida’s Legal Elite, Bankruptcy and Workout, 2014-2020
Speaking Engagements:
- Panelist, “Pursuing & Proving Fraud When Individual Debtors Hide Their Business Assets” webinar presented by American Bankruptcy Institute, January 2020
- Panelist, “Strategies in Bankruptcy Court for Newbies and Pros” seminar presented by Dade Legal Aid & Put Something Back, January 2020
- Panelist, “Objections to Claims, Proper Servicing and Distribution” at National Association of Bankruptcy Trustees Annual Conference, September 2019
- Panelist, “When the Bubble Bursts Be Ready for the Fallout,” Seminar presented by Dade Legal Aid & Put Something Back, March 2019
- Panelist, Dissecting Fraudulent Transfers: Best Practices in Fraudulent Transfer Litigation in Bankruptcy, Seminar presented by The Bankruptcy Bar Association Southern District of Florida, February 2019
- Moderator, Practice from the Perspective of a Chapter 7 Trustee, Office of the U.S. Trustee, and Counsel for Debtors and Creditors, Miami, June 2018
- Panelist, Hot Topics in Consumer Bankruptcy, Seminar presented by Dade Legal Aid/Put Something Back, Bankruptcy Bar Association Southern District of Florida, and The Dade County Bar Association Young Lawyers Section, February 2018
- Panelist, A Trustee’s Control Over And Rights To A Debtor’s Controlled Business Entities: Substantive Consolidation of Non-Debtor Entities with a Debtor’s Bankruptcy Estate, ABA Business Law Section Spring Meeting, New Orleans, April 2017
- Speaker, Bankruptcy Seminar, The Great Debate: CH. 7 vs. CH. 13, Miami, February 2016
- Speaker, Broward County Bar Association, Recent Reported Cases in Bankruptcy, Ft. Lauderdale, December 2015
- Moderator, Practice from the Perspective of a Chapter 7 Trustee, Office of the U.S. Trustee, and Counsel for Debtors and Creditors, August 2015
- Speaker, Recent Reported Cases in Bankruptcy, Broward County Bar Association, Miami, February 2016
- Panelist, The Law & Lore of Rule 2004, National Association of Bankruptcy Trustees Seminar, Spring 2014
- Panelist and Moderator, University of Miami School of Law Annual Bankruptcy Skills Workshop, 2010-2018
Professional and Community Activities
- Member of Board of Directors, National Association of Bankruptcy Trustees, 2019-2022
- Past President, Bankruptcy Bar Association of the Southern District of Florida, 2014-2015
- Member, American Bankruptcy Institute
- Member, Florida Bar Eleventh Judicial Circuit, Grievance Committee 2015-2016