Our process

Our process

Our practice is centered on a balanced approach of leveraging proprietary technology with highly experienced bankruptcy attorneys that are involved in every step of every claim that we pursue, from initial analysis through resolution with to maximize recovery for estates. Upon completing our avoidance claim analysis, we issue a demand letter to each recipient of a potentially avoidable transfer. Our demands explain the basis for the claim and propose a reasonable client approved settlement offer based on our analysis. To encourage a quick resolution of each claim, we include a copy of a proposed complaint and settlement agreement with each demand. We believe this demonstrates to the recipients that we are not only serious about pursuing the claims, but that we are serious about resolving the claims without resort time consuming litigation.

While we make a diligent and good faith effort to resolve all claims without litigation, that is not always possible. If timely responses to our demands are not received or if we are unable to promptly negotiate settlements with opposing parties, we commence litigation. In most instances, we can quickly resolve claims through litigation. Early in every case, we seek entry of a procedures order requiring pre-litigation mediation of avoidance actions. The mediation process is designed to be a time efficient and cost-effective process that allow us to promptly resolve claims and recover assets for the estate without the unnecessary delays that come along with active litigation. By this process, every claim, regardless of size, receives individualized strategy and advocacy.