Bankruptcy Litigation

Expert Witness Categories

Commercial Litigation

TAG professionals have been led work and testified, if the opportunity came to fruition (e.g.,  cases settled, causes of action were abandoned by counsel, or matters did not reach trial for other reasons):

  • Solvency and Valuation (See also Business Valuation & Solvency Opinions and as noted below)
  • Confirmation Issues:
    • Feasibility
    • Interest Rate
      • Till Interest Rate (Rate of Return)
      • Market Interest Rate
    • Best Interest of Creditors Test Liquidation Value
    • Reorganization Value and Treatment of Claims
    • Investigation of Insider Claims
    • Valuation Fights
  • Substantive Consolidation, Including Receipt of Reasonably Equivalent Value Among Entities
  • Recharacterization Issues:
    • Lease versus financing arrangement
    • Debt recharacterization as equity
  • Preferences/Fraudulent Transfers
    • Plaintiff and Defense
    • Solvency
    • Ordinary Course
    • New Value
  • Forensics (“Find the Money”)
  • Directors and Officers
    • Plaintiff and Defense
    • Date of Insolvency
    • Forensics
    • Nature of Transactions
    • Corporate Governance/Business Judgment Rule
  • Cash Collateral
    • Budgets/Projections
    • Equity Cushion
  • Diminution (or Lack Thereof) of Value
  • Financing (DIP, Exit, etc…)
  • Sale or Sale Process Testimony

Expert Witness Cases

Quebecor Unsecured Creditors’ Liquidation Trust

Testifying Expert Witness on behalf of confidential defendant in an adversary proceeding brought by Eugene I. Davis Trustee of the Quebecor Unsecured Creditors’ Liquidation Trust relative to certain alleged preferential payments.  Mr. Tittle prepared a report and the matter settled near to the amount per his report.

Committee of Unsecured Creditors of North General Hospital

Testifying Expert Witness in an adversary proceeding involving the Dormitory Authority for the State of New York (DASNY) relative to recharacterization of the indebtedness of North General to (DASNY). Mr. Tittle prepared an expert report and rendered deposition and trial testimony. The adversary proceeding was dismissed as part of the confirmation of the Plan of Liquidation.

MBS-Lodge at Stone Oak Ranch, Ltd

Testifying Expert Witness on behalf of LNR Partners relative to Feasibility,Interest Rate, and other confirmation issues in connection with the bankruptcy case of MBS – Lodge at Stone Oak Ranch, Ltd., an apartment complex. Mr. Tittle rendered deposition testimony as well as testimony at a contested confirmation hearing. The Judge confirmed the plan over the objection of LNR Partners (other related contested plans were confirmed as well). Interestingly, since the date of the trial, the Debtor defaulted and the property was returned to the lender.

Greate Bay Casino Corporation

Testifying Expert on behalf of Greate Bay Casino Corporation in adversary proceedings within its Chapter 11 case involving an alleged breach of its license agreement with Las Vegas Sands, Inc. Mr. Tittle determined the amount that Greate Bay Casino Corporation owed Las Vegas Sands, Inc., assuming liability under the contract was  established; and rendered an expert report. The Bankruptcy Court ordered the matter to arbitration. Mr. Tittle rendered deposition testimony. The matter settle prior to Mr. Tittle’s testimony at the arbitration proceedings.

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