TMF consultants have significant experience in bankruptcy matters and have provided consulting assistance to debtors as well as secured and unsecured creditors. Our professionals have provided expert testimony in Federal Bankruptcy Court on a number of occasions.
A major focus of our work in bankruptcy matters is the analysis of solvency. We have studied the solvency of companies in a variety of industries, including mining, financial services, real estate development, manufacturing, retail, banking, gaming and publishing, as examples. Our solvency consulting has addressed measures of solvency including ability to pay debts as they come due, sufficiency of working capital, and value of assets relative to the amount of liabilities.
Our bankruptcy consulting also includes the search for, and study of, alleged fraudulent transfers. This work has included the study of whether the debtor received reasonably equivalent value or fair consideration in connection with the transfer, as well as the solvency of the company at the time of the transfer. We have also investigated the existence of so-called “badges of fraud” in connection with allegations that a transfer was meant to hinder, delay or defraud creditors.
Our consulting also focuses on the critical review of a company’s financial condition, including review of financial projections, financial statements, valuations and appraisals prepared by companies and their advisors in connection with alleged fraudulent transfers and other relevant transactions.