Scott M. Grossman is a seasoned bankruptcy and restructuring attorney based in the firm's Fort Lauderdale and Miami offices. Scott represents distressed companies, debtors, trustees, secured and unsecured creditors, landlords, official committees, defendants in insolvency-related litigation, and purchasers of distressed assets.
His wide-ranging experience includes real estate, hospitality, financial fraud, and bank holding company bankruptcy cases, as well as litigating and advising clients with respect to bankruptcy tax matters, Florida's Constitutional homestead exemption, fraudulent transfer and preference claims, and discharge and dischargeability issues. While primarily involved in Chapter 11 reorganizations, Scott has also advised and represented clients with respect to out-of-court workouts and restructurings, Chapter 7 liquidations, receiverships, and assignments for the benefit of creditors under state law.
Some of Scott's noteworthy representations include BankUnited Financial Corporation in its Chapter 11 case; the Official Committee of Equity Security Holders in the HearUSA, Inc. Chapter 11 case; defendants and other investors in the Bernard L. Madoff Investment Securities, LLC case; Goldman Sachs Mortgage Company in the Marriott Sawgrass Chapter 11 case; and an affiliate of Nakash Holdings, LLC, in the Casa Casuarina (the "Versace Mansion") Chapter 11 case.
Scott began his legal career as a Trial Attorney in the Attorney General's Honors Program with the United States Department of Justice, Tax Division, where he litigated federal tax controversies in Bankruptcy Courts and Federal District Courts.
Areas of Concentration
· Bankruptcy, reorganization and restructuring
· Bankruptcy litigation
· Bankruptcy tax matters
· Creditors' and debtors' rights
· Commercial litigation
Professional & Community Involvement
· Member, Bankruptcy Bar Association of the Southern District of Florida
- First Vice President, 2013-2014
- Second Vice President, 2012-2013
- Secretary, 2011-2012
- Treasurer, 2010-2011
· Member, Local Rules Advisory Committee for the United States Bankruptcy Court for the Southern District of Florida
· Member, American Bar Association
Awards & Recognition
· Listed, The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law; Litigation - Bankruptcy, 2011-2014
· Team Member, a U.S. News - Best Lawyers®, "Law Firm of the Year" in Bankruptcy and Creditor-Debtor Rights / Insolvency and Reorganization Law and Litigation - Bankruptcy, 2013
· Listed, Chambers USA Guide, 2012-2013
· Listed, Super Lawyers magazine, Florida Super Lawyers, "Rising Star," 2009, 2012-2013
· Listed, The Legal 500 United States, 2009
· BankUnited Financial Corporation in the Chapter 11 bankruptcy case of this savings and loan holding company.
· The Official Committee of Equity Security Holders in the HearUSA, Inc. Chapter 11 bankruptcy case.
· The Chapter 7 and Chapter 11 Trustee for Southeast Banking Corporation, returning over 100 cents on the dollar to unsecured creditors and confirming a $1.6 billion Chapter 11 Plan of Reorganization.
· Goldman Sachs Mortgage Company, as secured creditor of the Marriott Sawgrass resort hotel, with claims of approximately $195 million.
· Gramercy Investment Trust, as secured creditor of two hotels in related bankruptcy cases, with claims of approximately $100 million.
· Purchasers of South Beach hotels from bankruptcy estates, including the Betsy Ross Hotel, the Breakwater and Edison Hotels, and the Versace Mansion.
· Defendants and investors in the Bernard L. Madoff Investment Securities, LLC case.
· KBC Financial Products (Cayman Islands), Ltd., in the Palm Beach Finance Partners, L.P. and Palm Beach Finance II, L.P. bankruptcy cases, defending asserted avoidance action claims in excess of $125 million.
· The Chapter 7 Trustee for the estate of Abraham D. Gosman, in the liquidation of a former healthcare magnate's multimillion-dollar estate, which included a 6 1/2-acre oceanfront mansion, millions of dollars of artwork, and controlling interests in several hundred corporations, partnerships, limited liability companies and other entities, resulting in a significant return to unsecured creditors.
· Entertainment news website TMZ.com in the Lorraine Brooke Associates, Inc. bankruptcy case (the O.J. Simpson "If I Did It" book case).
· Trial Attorney, United States Department of Justice, Tax Division, Civil Trial Section, Southern Region, 1999-2004 (Attorney General's Honors Program)
Publications & Presentations
Articles, Lectures & Publications
· "Camp Bowie Empowers Debtors In Ch. 11 Confirmation," Law360, February 28, 2013
· "Will Changes to Homestead Exemptions Really Thwart Abuse?" 44 Bankr. Ct. Dec. (LRP) 23 at A1 (July 19, 2005).
· "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Changes to State Law Homestead Exemptions and General Overview of Changes to Individual Chapter 11 Cases," Bankruptcy Reform 2005: Expert Analyses Examining and Predicting the Impact on the Commercial Practitioner, at 53 (Kate Colangelo and F. Joseph Fraracci, LLB, eds.) (LRP Publications 2005).
· Speaker, Evidence and Expert Testimony in Federal Court, National Business Institute, Miami, October 29, 2008
(Also at Fort Lauderdale Office)