Insolvency Determinations
Formal insolvency analysis — balance sheet, equitable, and cash flow tests. Prepared and certified by a licensed CPA.
Formal insolvency analysis — balance sheet, equitable, and cash flow tests. Prepared and certified by a licensed CPA.
Payment-by-payment analysis across the 90-day and 1-year preference windows under § 547. Element testing, defense pre-analysis, and documented exposure schedules.
Constructive fraud evaluation under § 548 including reasonably equivalent value analysis and whether lending transactions left the business with unreasonably small capital to continue operating. 2-year federal lookback, up to 4 years under state UVTA.
True-sale-versus-loan analysis. Effective rate computation. Transaction-level reconciliation of actual payments against contracted receivables percentages. Overcollection identification and documented claims for recovery.
For senior secured lenders. Documents the timeline and magnitude of collateral depletion caused by junior creditor extraction.
Creditor communication management, cash flow stabilization, and structured workout coordination.