Bankruptcy and Insolvency
F&M assists clients in a wide variety of situations in which bankruptcy and insolvency issues arise. F&M experience includes fraudulent transfers, preferential transfers, preferential payments, theft of trade secrets, and insurance company disputes.
F&M Case Histories
- Experienced Big Four CPAs, PhDs in economics, CFEs
- Experienced expert witnesses
- Determination of date and zone of insolvency
- Experienced in applying solvency tests
- Experienced working for and against state departments of insurance
- Experienced with life, health, disability, and property & casualty insurance companies
- F&M determined the date of insolvency of a major food distributor and valued the intangible assets that had been fraudulently transferred or diminished.
- F&M determined the insolvency of a major airline in Chapter 11 by applying the three tests of solvency: ability to pay debts as they come due, sufficiency of capital structure, and extent by which value of assets exceed liabilities. F&M's detailed analysis included a review of z-scored and pension liabilities.
- F&M defended the parent of an insolvent workers compensation carrier by demonstrating that transactions with the parent were completed before the carrier was insolvent, resulting in a minimal settlement.
- F&M assisted counsel in securing a significant settlement relating to an offshore reinsurance company that manipulated its financial statements to raise capital for securitization transactions.
- F&M valued a $32 billion national bank and its holding company in order to determine whether certain pre-bankruptcy transactions were actually fraudulent conveyences.