Daubert Flexible as to Solvency Determination for Multiple Debtor Entities

BVLaw
Court Case Digests
March 31, 2016

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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
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

Post-Confirmation Comm. for Small Loans, Inc. v. Martin

Full Text of Court Cases
March 31, 2016

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.

Daubert Flexible as to Solvency Determination for Multiple Debtor Entities

BVLaw Case Update
September 2016

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.