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Scott K. Brown

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Scott is skilled at helping his clients proactively mitigate risk and find new solutions for their toughest issues.

Scott Brown represents financial institutions in loan documentation and enforcement. He represents commercial, agricultural, and private lenders in a broad array of transactions. He also has nearly 20 years of experience enforcing loans through workouts, litigation, receiverships, and bankruptcies. His experience includes both in-house and outside counsel roles. He also represents clients regarding regulatory, lending, and litigation issues related to consumer finance – CFPB, FCRA, TCPA, and many others.

Scott is the chair of the J. Reuben Clark Law Society’s Greater Phoenix Chapter, which has over 500 lawyers. He is also the secretary for the Society’s Religious Freedom Committee. He represents a variety of clients on religious institution topics and has authored several articles on religious liberties.

Scott has written dozens of columns for various publications, including ABI Journal, Norton Bankruptcy Law Adviser, The National Law Journal and Arizona Attorney, among others.

Personal Approach

From making it a priority to meet with clients in-person to cultivating a strong internal team that he trusts, Scott values his relationships with his clients and colleagues. He believes collaboration is a critical component to solving any legal issue and he takes the time to establish a rapport with all those he works with.

Scott’s ability to offer levity, clarity, and wisdom during stressful moments make him an asset in any tough situation. Clients describe him as analytical, responsive, personable, and solution-oriented.

As a published humor author, Scott’s columns have been featured in several legal publications. He also co-wrote a screenplay. These days, much of his free time is spent with his wife and six kids.

More About Scott K. Brown

Education

  • J.D., Brigham Young University, J. Reuben Clark Law School, 2000
  • B.A., Brigham Young University, 1997

Bar Admissions

  • Montana, 2017
  • Colorado, 2016
  • New Mexico, 2016
  • Arizona, 2001

Court Admissions

  • Arizona Supreme Court
  • Colorado Supreme Court
  • New Mexico Supreme Court
  • Montana Supreme Court
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Arizona
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of New Mexico
  • U.S. District Court, District of Montana

Community

  • J. Reuben Clark Law Society, Chair, Greater Phoenix Chapter
  • American Bankruptcy Institute Journal, Associate Editor
  • American Bankruptcy Institute Litigation Committee, Former Co-chair
  • Arizona Bankers Association, Member
  • Arizona State Bar, Former Chair of Bankruptcy Section

Representative Matters

  • Temporary in-house counsel for agricultural lender, performing many functions from advising management on loan enforcement tactics to drafting a multitude of lending documents.
  • Advises lending institutions on all aspects of lending and enforcement.
  • Advises clients on all aspects of religious institution and religious freedom issues.
  • Advises credit card company on consumer finance issues related to regulatory, lending, and litigation issues.
  • Prevailed at trial in bankruptcy court on a priority fight between two lenders claiming a first-position on real estate worth $4 million in Washington and prevailed in an appeal before the U.S. Bankruptcy Appellate Panel of the Ninth Circuit regarding Stern v. Marshall issue. See In re Washington Coast I, L.L.C., 485 B.R. 393 (2012).
  • Obtained final judgment on a multimillion-dollar claim against an entity and several guarantors, including a judgment against a family trust on an alter ego theory.
  • Advised bank client regarding internal procedures to avoid automatic stay and discharge violations, and how to effectively respond to dozens of fraudulent transfer and preference demands a year.
  • In a pro bono matter, located and garnished safe deposit account containing gold coins and silver bars.
  • Represented hotel franchise and alarm companies.

Honors & Recognitions

  • The Best Lawyers in America, Woodward/White, Aiken, S.C., Appellate Practice, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2015-2021
  • Former Co-chair of American Bankruptcy Institute's Bankruptcy Litigation Committee, Committee of the Year, 2012, 2016, 2017, 2018
  • Former Chair of Arizona State Bar Bankruptcy Section

Publications

Events

  • Presenter, "Servicing Distressed Ag Loans," IBC Ag Conference 2020
  • Presenter, Various Lending and Loan Enforcement Topics, Farm Credit System Attorney's Conference 2015, 2017-2019
  • Presenter, Various Lending Compliance Topics, AgFirst Compliance Conference 2016-2018, 2020
  • Presenter, “Securing Water and Mineral Rights,” New Mexico Annual Conference 2019
  • Presenter, “Lending Best Practices and Litigation Updates,” Montan Ag Banker’s Conference 2019
  • Co-Presenter, “Make Bankruptcy Great Again – The Grinder Style,” Oklahoma Bar Association’s 32nd Annual Advanced Bankruptcy Seminar, December 2017
  • Presenter, “Mediation: Mega Cases and Avoidable Actions,” American Bankruptcy Institute Webinar, September 2017
  • Co-Presenter, “The Evolution of Bankruptcy: Cyclical or Sicklical?” 2017 Arizona State Bar Convention, June 2017
  • Presenter, “In-House Counsel Ethics,” Prudential Insurance – In-house Lawyers, April 2016
  • Speaker, “Labor and Employment Claims in a Quick-Sale, Quick-Sand, Post-Jevic Era,” American Bankruptcy Institute Annual Spring Meeting, April 2016
  • Presenter, “Drafting Enforceable Waivers and Releases,” Religious Institutions Law Day, October 2015
  • Co-Presenter, “Non-Profit and Religious Institutions Reorganizations and Bankruptcies,” American Bankruptcy Institute Midwest Conference, October 2015
  • Co-Presenter, “Post Confirmation Jurisdiction,” Norton Webinar, August 2014

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