Avoidance Actions

Lain Faulkner recognizes that the pursuit of, or defense against, Chapter 5 avoidance actions can be challenging and frustrating. Our team has over 40 years of experience in the analysis, pursuit, defense and resolution of avoidance actions.

Working with bankruptcy estate fiduciaries, we gather the necessary data, analyze potential defenses, and pride ourselves in identifying which potential avoidance actions have validity and make economic sense to pursue. We provide the tools to support the pursuit and the expertise to achieve recovery.

We also have extensive experience working with creditors in the defense of avoidance actions. The same experienced team and tools used to pursue avoidance actions make us uniquely qualified to defend avoidance actions.

Superior Results:

Consistently created significant value for bankruptcy estates — Collectively more than $53 million of cash recovered and $150 million of claims waived

Successfully defended creditor facing over $8 million in avoidance action

Experienced Leadership:

Brian Crisp is recognized as an expert in avoidance action accounting and has prepared expert reports and testified in this capacity on numerous occasions

Extensive experience in analyzing preference and fraudulent transfer data, identifying avoidable transactions, and assisting in the pursuit, resolution, recovery or defense

Reviewed more than 7,000 files aggregating over $800,000,000 in payments

Powerful Technology:

Powerful proprietary database and analysis software

Developed and field-tested over years with input from top legal minds

State-of-the-art preference system generates compelling graphic depictions of potential “ordinary course” defenses as well as a variety of statistical analyses

Highly-trained Staff:

Team of highly-trained staff with proper mix of expertise and hourly billing rates