Estate and Trust litigation often requires forensic including reconstruction of financial records, division of assets, financial calculations, fraud examinations, malpractice assessments, damage calculations, and expert witness testimonies. These matters are frequently very personal, involve parents, offspring, and siblings with fragile, complicated relationships. We can assist with all the technical aspects in reconciling these matters.
There are a variety of reasons why a debtor might prefer a workout to bankruptcy. By entering into a voluntary agreement with creditors, the debtor avoids the public stigma that attaches to bankruptcy but achieves the same results-discharge from all or a portion of his or her debts. In fact, a workout can be even broader than a bankruptcy. Also, a workout does not affect the debtor's rights to file a future bankruptcy. However, certain types of bankruptcy discharges do. But the main advantage of a workout is that it is voluntarily entered into by both the debtor and the participating creditor(s). In a workout, unlike bankruptcy, the majority of creditors cannot cram down concessions on dissenting creditors. All of the participating creditors must agree to the workout's terms.