Litigation Consulting & Support
Litigation Consulting & Support services apply to a broad range of transactions and situations, including matters in and out of the courtroom.
Newpoint Advisors’ litigation consulting services practice provides a diverse and comprehensive array of skills to meet the demands of today’s transaction environment and encompasses the spectrum from turnaround management, to out-of-court restructuring, to formal court proceedings representing debtors, creditors, and other interested parties. Our clients benefit from our independence, practical recommendations, and alternative solutions with expert capital-market experience across industries.
The professionals of Newpoint Advisors have extensive experience in bankruptcy and restructuring matters, including Chapter 11 and Chapter 7 bankruptcies, representing Debtors, Creditors, Trustees, and Unsecured Creditors’ Committees, as well as parties in Assignments for the Benefit of Creditors and Receiverships in State Court proceedings.
Our Service Offerings:
- Expert reports
- Liquidation analysis
- Avoidable transfer analysis
- Claims analysis
- Tax matters
- Asset tracing
- Due diligence, assisting both buyers and sellers in sales, including those conducted as part of a bankruptcy, ABC, or receivership
- Chapter 11 monthly operating reports
- Chapter 11 Plan projections and feasibility
- Subchapter V
Effective February 19, 2020, the Bankruptcy Code provides for a more compact, simpler version of Chapter 11 Reorganizations for Small Business Corporate and Individual Debtors. It is known as Subchapter V. What this means for Small Businesses with debts below $ 2.75 Million is that they are allowed to reorganize their obligations under Chapter 11 without the need for obtaining the consent of a class of “impaired” creditors as required under basic Chapter 11. The United States trustee shall appoint one disinterested person to serve as trustee in the case or the United States trustee may serve as trustee in the case, as necessary -while the debtor remains in possession of assets and operates the business as a debtor in possession.
Newpoint is proud to have two senior team members designated as Subchapter V trustees. Both Matthew Brash (Northern District of IL) and Tim Stone (Middle district of TN) have been appointed and are currently serving on cases. Their individual efforts reflect Newpoint’s dedication to small distressed businesses and the many ways we try to solve issues in this space.
The Subchapter V law provides for several unique reliefs from established Chapter 11 procedures. The program is highly structured. As the appointed Trustee for a Subchapter V, he or she is charged with:
- Ensuring compliance with the statute.
- Advising the court as to the viability of the reorganization and assisting in the reorganization process.
- Providing an accounting for all property received by the Debtor.
- Examining and rejecting, if required, any claims against the Debtor.
- Conducting a review of the Debtor’s financial condition and business operations.
- Reporting any fraud or misconduct to the Court.
- Appearing at status conferences and materially significant hearings.
- Preparing a final report of the case for the Bankruptcy Court.
- Assisting as necessary in the facilitation of the Plan.
- Distributing the Debtor’s property in accordance with the Plan.
- Confirming the Debtor’s adherence to the court-approved Plan during the payment period.
- Valuing the property subject to liens.
- Overseeing the sale of any property of the Debtor sold prior to the confirmation of the Plan or during the payment period provided for under the Plan.
We believe that Newpoint’s financial advisory skills combined with its proprietary tools like TAME™ allow Newpoint Trustees to provide a value-added service to the debtor and its stakeholders as well as tools that debtors counsel can use as well as other Trustees to manage their cases outside of Newpoint’s Subchapter V Trustees.
On a historical note, Tim Stone, in his role as a Subchapter V Trustee has the distinction of being appointed the very first Trustee appointment. We believe it is remarkable as it demonstrates Newpoint’s dedication to this space and its efforts follow this important law through its creation and preparing ourselves be stewards of the law and champions of small distressed company solutions.
To Learn More about Litigation Consulting & Support
call 1-800-306-1250 or
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