Daubert Flexible as to Solvency Determination for Multiple Debtor Entities

Business Valuation UpdateVol. 22 No. 9
BVLaw Case Update
September 2016
6141 Personal Credit Institutions
522291 Consumer Lending
bankruptcy
daubert, expert testimony, admissibility, rule 702, solvency, reliability, fraudulent transfer, expert report, generally accepted accounting principles (GAAP), going concern value, debtor

Post-Confirmation Comm. for Small Loans, Inc. v. Martin
2016 U.S. Dist. LEXIS 44270
March 31, 2016
US
Federal Court
Georgia
United States District Court
James Hart (plaintiff); Christopher S. Edwards (defendants)
Sands Sr.

Summary

Court finds Daubert centers on reliability, not persuasiveness, and can accommodate experts’ different approaches to determining solvency in case with multiple debtor entities; court rejects exclusion of expert opinion relying on GAAP-based financials.

See Also

Daubert Flexible as to Solvency Determination for Multiple Debtor Entities

Court finds Daubert centers on reliability, not persuasiveness, and can accommodate experts’ different approaches to determining solvency in case with multiple debtor entities; court rejects exclusion of expert opinion relying on GAAP-based financials.