ABI Journal Features Bankruptcy Article by Scott Brown
PHOENIX – The current issue of American Bankruptcy Institute Journal includes the article, “Battle for Bucks – Chapter 7 Trustee Lawsuits Against Noncreditors of Family-Owned Businesses,” written by attorney Scott K. Brown of Lewis Roca Rothgerber Christie LLP.
A partner in the firm’s bankruptcy team in Phoenix, Brown also represents clients in Colorado and New Mexico and is a frequent speaker and author on bankruptcy topics. His article is a look at the obstacles faced by creditors of business owners entering Chapter 7 bankruptcy.
“The article focuses primarily on credit card charges, but the issues and analysis are virtually the same for all of these transactions,” said Brown.
Creditors are facing newer, and more aggressive, forms of fraudulent transfer actions. “Personal credit cards that have been paid from company funds, in particular, are big targets because the presumption is, according to most trustees who have sent demand letters or simply sued them, that the charges are personal and should not have been paid from the company’s bank account,” he said.
Brown represents commercial, agricultural and private lenders, healthcare companies and other businesses in a broad array of transactions and litigation. His experience includes both in-house and outside counsel roles in loan origination and documentation, regulatory compliance, litigation in state and federal court, receiverships and bankruptcies. He also represents clients regarding regulatory, lending and litigation issues related to consumer finance.