Scott K. Brown

Education

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

Bar Admissions

  • Arizona, 2001

Languages

  • German

Clerkships

  • Hon. Leif M. Clark, U.S. Bankruptcy Court, Western District of Texas, 2000-2001

Scott K. Brown

Partner
40 North Central Avenue
Suite 1900
Phoenix, Arizona 85004
Phone 602.262.5321
Fax 602.734.3866

About Scott Brown

Mr. Brown is a partner in the firm’s Bankruptcy and Creditors' Rights group and the Commercial Litigation group. He practices primarily in the area of bankruptcy law, but devotes a significant amount of his time to commercial litigation, pre-bankruptcy workouts, and collections. Mr. Brown also represents both secured and unsecured creditors, as well as trustees, committees and debtors, in all aspects of Chapter 11 business bankruptcy cases, including workouts and litigation.

With his spare time, Mr. Brown has written dozens of humor columns for the ABI Journal, The National Law Journal, Deseret News and Mormon Times. He also co-wrote a screenplay for a feature length film entitled, “Anxiously Engaged.”

Representative Cases/Matters

  • Prevailed in an appeal before the U.S. Bankruptcy Appellate Panel of the Ninth Circuit regarding Stern v. Marshall issue. In re Washington Coast I, L.L.C., 485 B.R. 393 (2012).
  • After several years of litigation in state court and filing a summary judgment motion, obtained final judgment on a multi-million dollar claim against an entity and several guarantors. Summary judgment was also awarded against a related family trust on an alter ego theory.
  • Recently prevailed at trial in bankruptcy court on a priority fight between two lenders claiming a first-position on real estate worth $4 million.

Memberships and Affiliations

  • Bankruptcy Section of the Arizona State Bar, Chair-Elect 
  • American Bankruptcy Institute's Bankruptcy Litigation Committee, Co-Chair 
  • American Bankruptcy Institute, Member

Publications

Mr. Brown’s publications include Chapter 73 (Setoff - Code § 553) Norton Bankruptcy Law and Practice 3d.

In addition to his many humor columns, Mr. Brown has also authored/co-authored the following:

  • AUthor, "Rolling in the Involuntary," American Bankruptcy Institute Journal, November 2012
  • Author, "Come heck or high snow — the $2,279 (and counting) ski trip," Desert News, January 2011 
  • Author, "Tips for a Successful Deposition," The National Law Journal, May 2010
  • Co-Author, “Has The Ninth Circuit Finally Seen The Light? The Latest Developments in Bankruptcy Preemption,” Norton Annual Survey of Bankruptcy Law, 2009
  • Author, “Three Weeks of Love,” Clark Memorandum, Spring 2008
  • Author, “Punching Your Ticket to the High-Speed International Insolvency Train,” ABI Journal, October 2007, also published in Insolvency and Restructuring International, April 2008
  • Co-Author, “On the Rise or Falling? An Update on Loan Recharacterization and Its Interplay With 11 U.S.C. § 510(b).” Norton Bankruptcy Law Adviser, July 2007
  • Co-Author, “Trustee Standing in Bankruptcy Cases,” National Conference of Bankruptcy Judges, November 2006
  • Author, “A Suggestion Box For Law Firms,” Maricopa Lawyer, September 2006
  • Co-Author, “Strong-Arm on Steroids – Applying or Injecting ‘Rights and Powers’ Under 11 U.S.C. § 544(a) ?,” Norton Bankruptcy Law Adviser, September 2005
  • Author, “How to Avoid ‘Ethically Incorrect’ Behavior – Survival Tips Nobody Taught You in Law School,” ABI Journal, August 2005
  • Author, “Objects in the Setoff Mirror May be Riskier Than They Appear,” Norton Bankruptcy Law Adviser, September 2004
  • Author, “Psst, Some Cramdown Advice From Me to You,” Norton Bankruptcy Law Adviser, November 2003
  • Author, “The Coptic Church in Egypt: A Comment on Protecting Religious Minorities From Non-State Discrimination,” Brigham Young University Law Review 1049, 2000
  • Author, “Jehovah’s Witnesses v. Land Berlin: Requiring Religious Communities Seeking Public Corporation Status in Germany to Satisfy the ‘Meaning and Purpose of Corporation Status’ Test,” Brigham Young University Law Review 673, 1999
  • Author, “Regulating or Reorganizing?: Depriving Federal Bankruptcy Courts of Their Statutory Authority and Misapplying Fundamental Tenets of Bankruptcy Law in In re Cajun Electric Power Cooperative, Inc.,” 14 Brigham Young University Journal of Public Law 249, 2000

Speaking Engagements

  • Presenter, "Ethical Issues,” Norton Institutes on Bankruptcy Law, February 2010
  • Presenter, “Bankruptcy Basics for Paralegals,” Lorman Education Services, January 2010
  • Presenter, “Understanding Cross-Border Issues in a Restructuring Situation,” American Bankruptcy Institute, September 2009
  • Presenter, “Chapter 11 Bankruptcy Practice,” Half Moon Seminars, July 2009
  • Presenter, "Boards of Directors: Fiduciary Obligations & Liability in a Troubled Market," Professional Education Broadcast Network, January 2009
  • Presenter, "Ethics," Norton Institutes on Bankruptcy Law, June 2008
  • Presenter, "Claims Trading," Norton Institutes on Bankruptcy Law, June 2008
  • Presenter, "Subprime Issues," Bankruptcy Bench and Bar Conference, Western District of Texas, June 2008
  • Presenter, “Automatic Stay Issues,” Norton Institutes on Bankruptcy Law, February 2007
  • Presenter, “Ethical Issues,” Norton Institutes on Bankruptcy Law, February 2007
  • Presenter, “Collections From an Attorney’s Perspective,” Merchants Information Solutions’ Customer Seminar, October 2006
  • Presenter, “Bankruptcy 101: An Overview of BAPCPA and What the Trustee Expects of You,” Credit and Financial Development Division of the National Association of Credit Management, June 2006
  • Presenter, “An Introduction to the New Bankruptcy Law,” Maricopa County Library, January 2006
  • Presenter, “Creditors’ Rights and an Overview of Bankruptcy Law,” Arizona Funeral Directors’ Association, September 2005
  • Presenter, “An Overview of the UCC, Including Secured Transactions and Bulk Sale Provisions,” National Association of Credit Managers, July 2004

Other Distinctions

Mr. Brown is listed in the 2012 and 2013 editions of Southwest Rising Stars in the category of Bankruptcy & Creditor/Debtor Law. He is co-chair of the American Bankruptcy Institute's Bankruptcy Litigation Committee, which is recognized as the Committee of the Year in 2012.