“I enjoyed reading, ‘Should Solvency Valuation Include Ongoing but Undiscovered Fraud?’ in the October BVU regarding the Edgewater Medical Center bankruptcy—and not only because I was the ‘credible expert’ in the case,” writes Patrick McNally, partner in charge of corporate finance consulting at Blackman Kallick (Chicago). An interesting point in that case: The plaintiffs argued that the failure to exercise a lease option was a fraudulent transfer rather than the actual lease payments. “It seems, based on my experience as a consultant/expert in several fraudulent transfer matters in the last twelve months,” McNally says, “that attorneys may be becoming more aggressive in the area of fraudulent transfers.” Indeed, a lead article in the current issue of ABA’s The Business Lawyer looks at “Proving Solvency: Defending Preference and Fraudulent Transfer Litigation.” Look for an article from the perspective of valuation analysts, authored by McNally, in an upcoming Business Valuation Update.
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