SCOTT N. BROWN

Partner

sbrown@bastamron.com
Miami
305.379.7904

SCOTT N. BROWN

Partner

Scott N. Brown

“He’s very practical and can make deals, but can also litigate where needs be.” “A hard-working, creative, calm legal professional.”
Chambers USA

Scott N. Brown is a Chambers USA ranked partner of the firm and panel Chapter 7 bankruptcy Trustee. Scott is considered a thought leader in the industry and has been practicing in the bankruptcy/insolvency field for 20 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 Chapter 7 & 11 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.

Representative Experience

Bankruptcy:

Chapter 11 Trustee and counsel to Trustee in In re JDi Data Corporation, a virtual Software as a Service (SaaS) business, where he successfully continued operating the debtor until procuring and consummating a multi-million dollar sale of the Debtor’s assets which, among other things, saved 17 jobs and will result in payment of a significant portion of the SBA’s outstanding debt. The case remains open and he is in the process of investigating and pursuing other potential recovery opportunities.
Counsel to Chapter 11 Trustee, Barry E. Mukamal, in In re 942 Penn RR, LLC, an extremely contentious and complex case, in which he spearheaded confirmation of the Trustee’s liquidating Chapter 11 plan, the sale of a South Beach apartment/hotel for over $7 Million, successfully negotiated with all of the Debtor’s secured creditors, and assisted the Trustee in all aspects of this procedurally complex and difficult case that is likely to result in a significant surplus to equity.
Chapter 11 Trustee, Chapter 7 Trustee (following conversion) and counsel to the Trustee in In re South Atlantic Regional Center, LLC, which involved an EB-5 fraud, and resulted in several multi-million dollar settlements and recoveries, including a 2-day trial by Zoom during Covid, for the benefit of creditors
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 In re 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 2500 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, Soneet R. Kapila, 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 – In re S&G Financial Services of South Florida, Inc.
Chapter 11 Examiner in In re Save Money and Retain Temperature, LLC, Bankr. M.D., Fla.
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, In re 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 Recognitions

Chambers and Partners USA for Bankruptcy, 2011- 2023
Martindale Hubbell rated AV® Preeminent™
Best Lawyers In America– Listed in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation– Bankruptcy 2013-2023
Florida Super Lawyers, Bankruptcy, Business Litigation, 2015-2023
- Top 100 in Florida 2017-2022
South Florida Legal Guide– Listed among Top Lawyers in Bankruptcy, 2015-2023
Florida Trend, Florida’s Legal Elite, Bankruptcy and Workout, 2014-2023

Publications

Speaking Engagements

Moderator, Chapter 7 Practice Panel at the 33rd Annual University of Miami Bankruptcy Skills Workshop, June 2023
Speaker, Investigating and Administering Assets session, National Association of Bankruptcy Trustees40^th Annual Conference, June 2022
Moderator, Chapter 7 Practice Panel at the 32nd Annual University of Miami Bankruptcy Skills Workshop, June 2022
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 2016
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, Ft. Lauderdale, February 2015
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, 2010-2023

Professional & Community Activities

Member of Board of Directors, National Association of Bankruptcy Trustees, 2019-2023
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

In The News

Contact Information

Email

sbrown@bastamron.com

Address

One Southeast Third Avenue
Suite 2410
Miami, FL 33131
T:305.379.7904
F:305.379.7905

Education

J.D., Nova Southeastern University Shepard Broad Law Center, magna cum laude
B.B.A., Emory University

Business Background

Partner, Tabas, Freedman, Soloff, Brown & Rigali, P.A.
Associate, Tabas, Freedman, Soloff & Miller, P.A.
Vice-President and Chief Financial Officer, C.M.I. Enterprises, Inc.

Admitted to

Florida Bar
District of Columbia Bar
U. S. Supreme Court
U. S. Circuit Court of Appeals, Eleventh Circuit
U. S. Bankruptcy Court, Southern District of Florida, Middle District of Florida
U. S. District Court, Southern District of Florida, Middle District of Florida

Areas of Practice

Fiduciary Representation
Insolvency Litigation
Creditors’ Rights