Bankruptcy and Restructuring

SL&A professionals have served the litigation and business needs of creditors, debtors, trustees, examiners and counsel in bankruptcy proceedings including acting as financial advisors, expert testifiers, interim management, CROs and examiners-with-expanded-powers.

In the context of bankruptcy, we have successfully provided asset tracing and recovery services, submitted alternative plans of confirmation, organized and conducted asset sales, and successfully supported a fraud trial removed from State Superior Court and conducted under the aegis of The Bankruptcy Court.

Select Case Studies / Notable Matters

  • Acted as financial advisor to a debtor in the out-source logistics market.  Our staff provided rolling 13 week cash flow forecasts, a plan of reorganization, litigation support for adversary proceedings, and restructuring services.
  • Showed – in response to a preference action – that an insolvent software company transferred occupancy rights to a creditor as a contemporaneous exchange for new value (in the form of a release of license exclusivity).
  • Proved a DIP’s contention that a payment fell within the statutory preference definition of 11 U.S.C. § 547(b). An insolvent financial services firm acting in a fiduciary capacity for its corporate client gave rise to a preference when making a transfer of property on behalf of the corporate client.  Analysis showed that the economic substance of the financial service firm’s relationship with the corporate client included a beneficial interest in the transferred property,

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