Scott K. Brown

Scott K. Brown

Partner vCard
602.262.5321 office
602.734.3866 fax
201 East Washington Street
Suite 1200
Phoenix, AZ 85004

Mr. 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.

Mr. Brown is also member of the J. Reuben Clark Law Society’s Religious Freedom Committee.  He represents a variety of clients on religious institution topics and has authored several articles on religious liberties, including: “The Coptic Church in Egypt: A Comment on Protecting Religious Minorities From Non-State Discrimination,” Brigham Young University Law Review 1049, 2000, and “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.

Mr. Brown has also written dozens of columns for various publications, including ABI Journal, Norton Bankruptcy Law Adviser, The National Law Journal, Arizona Attorney, Clark Memorandum, Deseret News and Mormon Times. He also co-wrote a screenplay for a feature length film entitled, “Anxiously Engaged” and enjoys humor writing. He recently discussed the Rural Metro announcement and US Airways merger with American Airlines on KJZZ's, "Here & Now" show. Click here to listen. He was also interviewed about the basics of corporate restructuring law on "Money For Lunch with Bert Martinez," BlogTalkRadio, August 2014.

Representative Matters

  • In-house counsel for agricultural lender
  • Advises lending institutions on all aspects of lending and litigation
  • 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.
  • In re Washington Coast I, L.L.C., 485 B.R. 393 (2012)
  • Obtained final judgment on a multi-million 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 preference demands a year
  • In a pro bono matter, located and garnished safe deposit account containing gold coins and silver bars
  • Advised health care companies on multitude of issues
  • Advised capital groups on real estate and equipment leases
  • Represented hotel franchise and alarm companies

Related News

Nonprofits can successfully reorganize in bankruptcy notwithstanding unclear laws
Scott K. Brown co-authors contribution to Norton Annual Survey of Bankruptcy Law
September ABI Journal includes article from Scott K. Brown
Bankruptcy attorney from Lewis Roca Rothgerber Christie writes ‘Don't Hate Me for Being Critical'
83 Lewis Roca Rothgerber Christie attorneys named in ‘Best Lawyers'
11 partners also honored as ‘Lawyer of the Year' in The Best Lawyers in America® 2017
Brown contributes to book on bankruptcy mediation
Attorney from Lewis Roca Rothgerber Christie shares insights on process


  • Presenter, “Ethics CLE,” Prudential Insurance – In-house Lawyers, Newark, New Jersey, April 2016
  • Speaker, “Labor and Employment Claims in a Quick-Sale, Quick-Sand, Post-Jevic Era,” American Bankruptcy Institute’s Annual Spring Meeting, Washington, DC., April, 2016
  • Presenter, “Drafting Enforceable Waivers and Releases,” Religious Institutions Law Day in Phoenix, October 2015
  • Co-Presenter, “Non-Profit and Religious Institutions Reorganizations and Bankruptcies,” ABI Midwest Conference in Kansas City, October 2015.
  • Presenter, “In-House Counsel Ethics,” Farm Credit System Attorney Conference in San Diego, September 2015
  • Co-Presenter, “Post-confirmation Jurisdiction,” Norton Webinar, August 2014
  • Co-Presenter, "The Next Generation," 2013 State Bar of Arizona Annual Convention, June 2013
  • Co-Presenter, "Bankruptcy," 2012 State Bar of Arizona Annual Convention, June 2012
  • Presenter, "Things You Know You Knew, But Forgot You Knew," 24th Annual Northwest Bankruptcy Institute, April 2011
  • Presenter, "Ethical Issues,” Norton Institutes on Bankruptcy Law, February 2010, June 2008 and February 2007 
  • Presenter, “Understanding Cross-Border Issues in a Restructuring Situation,” American Bankruptcy Institute, September 2009
  • Presenter, "Boards of Directors: Fiduciary Obligations & Liability in a Troubled Market," Professional Education Broadcast Network, January 2009
  • Presenter, "Claims Trading," Norton Institutes on Bankruptcy Law, June 2008
  • Presenter, "Subprime Issues," Western District of Texas, June 2008
  • Presenter, “Collections From an Attorney’s Perspective,” Merchants Information Solutions’ Customer Seminar, October 2006
  • Presenter, “An Overview of the UCC, Including Secured Transactions and Bulk Sale Provisions,” National Association of Credit Managers, July 2004


  • Co-Author, "Confirming a Plan of Reorganization for a Nonprofit Debtor," Norton Annual Survey of Bankruptcy Law, 2016
  • Author, "Don't Hate Me for Being Critical," ABI Journal, September 2016
  • Author, "Out of the House to In-House," In-House Defense Quarterly, Summer 2015
  • Author, "New Year's Resolutions - ABI Style," ABI Journal, July 2014
  • Author, "LDS young men's camp in Arizona evacuates after spotting large fire," Deseret News, June 2014
  • Author, "2013 Year in Review: Chapter 9, the "Grand Column" and Other Musings," ABI Journal, December 2013
  • Author, "Seeing the Light: From Litigation to Mediation," ABI Journal, June 2013
  • Author, "Rolling in the Involuntary," ABI Journal, November 2012
  • Author, "Come heck or high snow — the $2,279 (and counting) ski trip," Deseret News, January 2011
  • Author, "Tips for a Successful Deposition," The National Law Journal, May 2010
  • Author, "Punching Your Ticket to the High-Speed International Insolvency Train," Insolvency and Restructuring International, April 2008
  • Author, "Three Weeks of Love," Clark Memorandum, Spring 2008
  • 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
  • Author, "How to Avoid ‘Ethically Incorrect' Behavior – Survival Tips Nobody Taught You in Law School," ABI Journal, August 2005
  • 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.," Brigham Young University Journal of Public Law, 2000
  • Author, "The Coptic Church in Egypt: A Comment on Protecting Religious Minorities From Non-State Discrimination," Brigham Young University Law Review, 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, 1999


  • Author, "Early-Case Issues chapter," Bankruptcy Mediation, American Bankruptcy Institute, July 2016
  • Author, "Chapter on Arizona," Strategic Alternatives For And Against Distressed Businesses, 2016 ed., February 2016
  • Co-Author, "Has The Ninth Circuit Finally Seen The Light? The Latest Developments in Bankruptcy Preemption," Norton Annual Survey of Bankruptcy Law, 2009
  • Author, "Chapter 73. Setoff (Code § 553)," Norton Bankruptcy Law and Practice 3d, 2008
  • Author, "Pacific Express - 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, "Strong-Arm on Steroids – Applying or Injecting ‘Rights and Powers' Under 11 U.S.C. § 544(a)," Norton Bankruptcy Law Adviser, September 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


  • The Best Lawyers in America - Woodward/White, Aiken, S.C. - Appellate Practice, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, 2015-2017
  • Super Lawyers Southwest Rising Stars - Bankruptcy and Creditor/Debtor Law, 2012-2014
  • Co-chair of American Bankruptcy Institute's Bankruptcy Litigation Committee - Committee of the Year, 2012

Other Info


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

Bar Admissions

Arizona, 2001
Colorado, 2016
New Mexico, 2016


U.S. Bankruptcy Court, Western District of Texas

Memberships & Affiliations

  • J Reuben Clark Law Society, Member, Religious Freedom Committee
  • American Bankruptcy Institute Journal, Associate Editor
  • American Bankruptcy Institute Litigation Committee, Former Co-Chair
  • Arizona Bankers Association, Member
  • Risk Management Association, Member
  • Arizona State Bar, Former Chair of Bankruptcy Section