Proving or Contesting Debtor Insolvency Under the Balance Sheet Test
Analyzing Insolvency in Preference and Fraudulent Transfer Litigation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide bankruptcy counsel with an examination of the issue of debtor insolvency in avoidance actions and fraudulent transfers. The panel will outline the various issues that arise in proving insolvency under the balance sheet test and evidentiary issues such as records and use of expert witnesses.
- Insolvency as an element of the claim
- Burden of proof
- Insolvency tests
- Insolvency under the balance sheet test
- Valuation of assets as a going concern
- Valuation of assets on a liquidation basis
- Fair valuation of assets
- Treatment of liabilities
- Evidence used to determine insolvency
- Records to prove insolvency
- Use of expert witnesses
The panel will review these and other key questions:
- What presumptions of insolvency are afforded the debtor in various avoidance actions?
- What factors go into a “death bed” analysis to determine whether the debtor’s assets should be valued on a going-concern or liquidation basis?
- Are there circumstances where insolvency can be proved without the use of expert witness testimony?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Corey R. Weber
Ezra Brutzkus Gubner
Mr. Weber focuses on corporate bankruptcy law and litigation, business litigation and commercial collection... | Read More
Mr. Weber focuses on corporate bankruptcy law and litigation, business litigation and commercial collection actions. He represents bankruptcy trustees, committees of unsecured creditors, assignees for the benefit of creditors, municipalities and creditors in contested matters and adversary bankruptcy proceedings. He has experience in litigating state court breach of fiduciary duty and contract disputes.Close
Latham & Watkins
Mr. Harris is a member of the firm’s Restructuring, Insolvency & Workouts, Securities Litigation &... | Read More
Mr. Harris is a member of the firm’s Restructuring, Insolvency & Workouts, Securities Litigation & Professional Liability, and Supreme Court & Appellate Practices. He provides counsel to debtors, agents for lender consortiums, creditors’ committees, individual creditors and service providers. Mr. Harris is a member of the Federal Judiciary Conference instructing judges on e-discovery issues in bankruptcy cases.Close
Robert F. Reilly
Willamette Management Associates
Mr. Reilly's practice includes valuation consulting, economic analysis, and financial advisory services. He... | Read More
Mr. Reilly's practice includes valuation consulting, economic analysis, and financial advisory services. He has performed the following valuation and economic analyses, among others: economic event analyses, merger and acquisition valuations, divestiture and spin-off valuations, solvency and insolvency analyses, fairness and adequacy opinions, and restructuring and reorganization analyses.Close