Bankruptcy and Financial Distress Litigation

With one of the largest in-house teams of economists in the economic consulting world, NERA's Bankruptcy and Financial Distress Litigation Practice combines expertise in economics, finance, accounting, and valuation with specific industry knowledge. Our experts provide economic analysis of securities disputes and corporate governance, valuation of companies, portfolios including assets and derivatives, and professional compensation. In addition to employing standard valuation methods, NERA economists draw on advanced valuation techniques and econometric and statistical models, as needed.

We assist clients in disputes over:

  • Plan confirmation
  • Preference and fraudulent conveyance claims
  • Solvency and valuation disputes
  • Alleged breaches of fiduciary duty by directors and officers of distressed companies
  • Lender liability claims
  • The feasibility of alternative restructuring plans

We are also frequently retained by litigation counsel to provide expert testimony involving these and other claims in bankruptcy adversary proceedings. Our capabilities include:

  • Expert testimony on liability and damages
  • Solvency and capital adequacy analysis in fraudulent conveyance and bankruptcy
  • Valuation of assets, including enterprises and intangible assets
  • Valuation of derivatives and complex securities
  • Assessment of the reasonableness of certain assumptions used in valuation, using market indicators such as credit default swaps
  • Cash flow analysis of the effect of transfers on the solvency and capital adequacy of the debtor
  • Econometric modeling for assessing projections
  • Valuation, at the time of transfer, of long-tailed liabilities or other disputed claims

We have experience and specialized institutional knowledge in industries including energy, health care, oil and gas, construction, financial services, housing finance, and media and telecommunications. We also have expertise in finance, accounting, antitrust economics (analysis of competitive effects), structured finance, mass tort and liability valuation, analysis of ERISA plans, intellectual property valuation, and transfer pricing.

Clients benefit from the integration of the expertise of our many professional disciplines, our experience as consultants, testifying experts, and arbitrators, and our firm's exacting standards for rigor and objectivity.

Name Title Location Phone Email
Lucy P. Allen Managing Director New York City +1 212 345 5913
Dr. Patrick Conroy Managing Director New York City +1 212 345 1466
Dr. Denise Neumann Martin Managing Director New York City +1 212 345 5296
Dr. Faten Sabry Managing Director
Chair of NERA's Global Securities and Finance Practice
Bankruptcy Practice Chair
New York City
+1 212 345 3285
+44 20 7659 8618
Dr. Ramsey Shehadeh Managing Director New York City +1 212 345 6089
Dr. David Tabak Managing Director New York City +1 212 345 2176
Jorge Baez Director Miami
New York City
+1 305 341 5060
+1 212 345 5753
Mary Elizabeth C. Stern Director White Plains, NY +1 914 448 4054
Dr. Airat Chanyshev Associate Director New York City +1 212 345 7336
Drew Claxton Associate Director New York City +1 212 345 3442
Dr. Alan Grant Associate Director White Plains, NY +1 914 448 4097
William P. Hrycay Associate Director New York City +1 212 345 1518
Timothy McKenna Associate Director New York City +1 212 345 5503
Dr. Stephanie Plancich Associate Director New York City +1 212 345 7719
Dr. Ignacio Franceschelli Senior Consultant New York City +1 212 345 2842
Jonathan S. Polonsky Senior Consultant Chicago
New York City
+1 312 573 2801
+1 212 345 4067
Ivelina Velikova Senior Consultant New York City +1 212 345 1160
Dr. Sorin M. Sorescu Affiliated Academic New York City
+1 212 345 3185
Mark L. Berenblut Affiliated Consultant Toronto
New York City
+1 416 868 7311
+1 917 475 0020
+44 20 7659 8644
Mike King Affiliated Consultant Denver
San Francisco
Washington, DC
+1 303 357 4781
+1 303 618 4915
+1 303 618 4915
Dr. Michael Rosenzweig Affiliated Consultant Washington, DC +1 202 466 9231
Title Type Author
S&P 500 Index: Daily Price Movements Brief Dr. David Tabak and Edward Flores
Manufactured Defaults and the Use of Credit Default Swaps Report Dr. Faten Sabry, Dr. Ignacio Franceschelli, David Cen
Trends in Regulatory Enforcement in UK Financial Markets Reports Report By Erin B. McHugh
Fair Value, Transaction Price, and Common Equity Price in Delaware Appraisal Litigati... Published Article William P. Hrycay
Recent Trends in Securities Class Action Litigation: Q1 2018 Update Published Article By Stefan Boettrich and Svetlana Starykh
What Does the CFPB Complaint Database Tell Us About the Quality of Servicing of Stude... White Paper By Dr. Faten Sabry, Dr. Ignacio Franceschelli, and David Cen
Not All MBS Settlements Are Equal White Paper By Faten Sabry, Sungi Lee, and Linh Nguyen
Should Solvency Tests Give the Same Answer? Working Paper By Dr. David Tabak
An Economist's View of Market Evidence in Valuation and Bankruptcy Litigation Working Paper By Dr. Faten Sabry and William Hrycay
Comcast and Economic Analysis of Class Certification Issues Working Paper By Drew Claxton and Dr. Faten Sabry