BANKRUPTCY VALUATION, LIQUIDATION ANALYSIS, REORGANIZATION

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 Under the United States Code ("U.S.C.") Title 11, bankruptcy is a legal procedure for dealing with debt problems of an individual or business (the "debtor"). Bankruptcy is a legal declaration of the inability or impairment of an individual or company’s ability to meet and pay their liabilities. Knowing the bankruptcy value of the business and its assets is critical to the restructuring process.  

Bankruptcy Valuations 

 In any bankruptcy or restructuring proceeding, expert asset appraisals and business valuations are crucial to maintaining the confidence of the creditors' committee or trustee. We are experts in valuing tangible assets and intangible assets. Whether filing under Chapter 7 to liquidate assets, or under Chapter 11 in efforts to reorganize, we have the personnel, expertise, and resources required to provide the kind of bankruptcy appraisals and valuations that can withstand scrutiny. 

Whether you are a trustee, part of a creditor committee, or head of a distressed company, our experienced and skilled staff can provide a range of supportable conclusions of value, such as: 

•Orderly liquidation value   

•Forced liquidation value   

•Going concern value   

•Reorganization value

 We provide these values (before, during, and after bankruptcy filing) for the business as a whole and for: 

•Tangible assets, such as machinery, equipment, land, buildings, improvements, etc.   

•Intangible assets, such as trade names, patents, designs, etc.

Whether the issue is secured or unsecured creditor collateral, adequate protection, solvency, fraudulent conveyance, fresh start accounting, or related tax issues, our expert bankruptcy valuations and bankruptcy appraisals can help facilitate the reorganization or restructuring process. 

 David Hahn is an MAFF credentialed in addition to CVA, ASA, CCIM, and CM&AA.  

The Master Analyst in Financial Forensics (MAFF) credential is designed to provide assurance to the legal community – the primary users of litigation consulting services – that the designee possesses a level of experience and knowledge acceptable by the institute to provide competent and professional forensic financial support services. 

Earning the credential requires consideration of all of the person’s qualifications and commitment to the discipline. This includes prior education and experience, prerequisite and required training as provided by the Financial Forensic Institute, testing – both proctored and case study and post-requisite requirements for recertification. The MAFF must re-certify every three years. 

 Master Analyst in Financial Forensics have come to be known as premier litigation consultants due to their extensive business valuation backgrounds.  MAFF’s engagements range from the determination of prepackaged bankruptcy financial advisory, liquidation analysis, and restructuring adviosry.

Beyond it encompasses personal and commercial damages, breach of contract and tort liability to patent/trademark/copyright/trade secrets infringement. 

 The MAFF is familiar with the Rules of Evidence, attorney work product privilege, courtroom protocol and preparation of reports under Federal Rule 26(a)(2)(B). 

Testifying experts are only as good as their ability to opinions to the Trier of fact. The MAFF has the communication skills and professional knowledge to be a compelling expert witness.  As a litigation team member, the MAFF can assist in trial and discovery preparation in several different ways:

Assisting with the drafting of requests for the production of documents and interrogatories relating to financial and technical issues:

•Monitoring, evaluating and controlling documents produced during discovery   

•Review, critique and response to opposing expert reports   

•Assist in defining the scope of damages   

•Assist with compilation of numeric summaries for inclusion in briefs, pleadings and motions   

•If a testifying expert – offer testimony at deposition and at trial   

•If a consulting expert – assist attorney with managing expert witness preparation and testimony   

•Develop strategically focused questions for direct and cross-examination   

•Preparation of forensic accounting analyses