LITIGATION CLAIMANTS ADVISORY

When a business becomes insolvent, its unsecured creditors typically recover pennies on the dollar. Brandlin & Associates’ Litigation Claimants Advisory Services are specifically designed to maximize recoveries for unsecured creditors with claims over $1.0MM. We collaborate closely with creditors’ counsel for optimal efficiency, and are compensated on a best-efforts basis to eliminate further financial risk for our clients.

Because creditors only get one opportunity to pursue their claims, a well-planned and executed strategy is essential for success. We blend 40 years of expertise spanning Financial Advisory & Workouts, Insolvency & Reorganization Services and Litigation Support to advise parties who are claimants in out- of-court restructuring and unsecured creditors in bankruptcy filings.

Clients appreciate our hands-on approach to delivering any or all of the following services:

  • Representing claimants on Unsecured Creditors’ Committees
  • Financial, operational and strategic due diligence
  • Assessment of distressed obligations and commitments
  • Litigation financing due diligence
  • Collection and recoveries of outstanding litigation claims
    • Claims restructuring
    • Claims negotiations
    • Repayment program design

Workouts and bankruptcy matters are protracted processes. With Brandlin & Associates representing their best interests, our clients are free to pursue profitable business instead of mired in legal proceedings with limited prospects for a positive recovery.

ACCOUNTING MALPRACTICE

When a company’s financial performance turns upside down seemingly overnight, fraud may be the reason. Capital sources to the company may benefit from digging beyond the surface to explain the unexpected downturn, regardless of how dire the situation appears. Brandlin & Associates’ Accounting Malpractice Services are designed to discover whether or not the troubled company’s outside auditors were negligent in the audit process when fraud is suspected, creating the potential for financial recovery. We address such questions as:

  • Did the auditors apply a healthy amount of skepticism in their work, or did they simply check the boxes?
  • Was the scope of the audit sufficient in light of the circumstances, or could the auditors’ independence have been impaired?
  • Were there related company transactions that the auditors should have researched in more depth?
  • Could the auditors have discovered co-conspirators, such as the company’s insurance provider?

Capital sources are entitled to and do rely on the financial statements examined and certified by the company’s outside auditors. If these statements have material misstatements, thereby misrepresenting the company’s true financial results, then the auditors may be culpable.

We proactively evaluate whether fraudulent activities occurred prior to the company’s outside audit. We consult with counsel, laying out evidentiary data and assisting them in achieving resolution and monetary recovery. Our Accounting Malpractice Services include:

  • Forensic accounting and fraud investigation
  • Discovery services
  • Liability assessment and causation analysis
  • Economic damages valuation
  • Lost profits calculations
  • Contracts and agreements interpretation
  • Liability investigations of professionals
  • Settlement strategies
  • Dispute resolution through mediation or arbitration
  • Expert witness testimony
  • Analysis of opposing expert opinion

See Forensic Accounting for more.