Specialized Bankruptcy & Finance Litigation Offerings
Bankruptcy - Feasibility, Interest Rate (Till) Studies, and 1111(b)(2) Analysis
In addition to general bankruptcy consulting for debtors, creditors and committees, we are often engaged to provide cramdown interest rate reports and feasibility reports in Chapter 11 cases. These cases have ranged in size from about one million of secured claims to over two hundred and fifty million.
Businesses represented in these cases included apartment complexes, convenience stores, flex-space industrial warehouses, equipment rental companies, golf courses, hotels, land, marinas, medical office, medical staffing companies, mixed use buildings, offices, residential subdivisions, restaurants, resorts, retail, self-storage warehouse facilities, timberland, timeshares, and warehouses.
Each of our Till Interest Rate reports prepared for a Chapter 11 bankruptcy case contains an analysis with a detailed examination of the U.S. Supreme Court's four main attributes toward determining the appropriate rate of interest for a cramdown Chapter 11 bankruptcy case (i.e., a Till Report or Till Analysis). Our build up rate process generally begins with using the Prime Rate as a base rate and adding to it for the risks inherent in the bankruptcy cram down plan, i.e., the Till Factors as prescribed in Till v. SCS Credit Corp., namely the Circumstances of the Estate, the Nature of the Security, the Duration of the Reorganization Plan and the Feasibility of the Plan.
When the 1111(b)(2) election has been under Bankruptcy Code Section 1111(b)(2) we incorporate these new requirements into our bankruptcy feasibility reports. Our feasibility reports include a detailed analysis of the feasibility factors described in our Feasiblity Quicksheet and as required by Bankruptcy Code section 1129 (b)(2)(B) .
Damage Claims and Finance Oriented Litigation
We have been engaged in state court damage claims and related dispute cases regarding business damages from failed financings, financial fraud, failed real estate investments and loans, and allegations of business mismanagement and self-dealing. These cases have ranged in size from less than one million of claims to over two hundred and fifty million. We have acted on behalf of both the plaintiff and defendants. Generally the cases incorporate some degree of lost earnings, allegations of theft or deception.
Business represented in these cases have included a broker agreement dispute, nationally recognized title insurance company, private lender, and international real estate sales and development company.
Each of our reports is prepared in accordance with local rules, after a thorough review of all relevant discovery material, and relevant case law as provided by counsel or known by us. We apply all relevant financial analysis to our investigation, and accurate and adequate details within our reports to support our opinion as required under Daubert v. Merrell Dow Pharmaceuticals and the applicable state or federal rules of evidence.