Coal Mining
Post-Confirmation Trustee
DSI was appointed Trustee of the post-confirmation trust, with work including identification and prosecution of 700 avoidance actions having a demand value of $250 million, as well as claims reconciliation and objections. DSI has also overseen the post-sale reconciliation process with the buyer.
DSI Team: Geoff Berman, Matt Sorenson, Matt Farnsworth, Jill Costie & Tania Kingsbury
Entertainment, Cruise Ships
Expert Witness for Secured Lender
DSI was retained to provide an expert report and valuation testimony and rebuttal to Plaintiff's expert regarding the solvency of the Debtor at the time of certain prepetition actions, which were alleged by the Trustee of American Classic Voyages to constitute preferences or fraudulent conveyances in the amount of $30,000,000.
DSI Team: Brian Calvert, Brian Weepie, Yale Bogen, Fritz Reed & Matt Braun
Air Delivery & Freight
Financial Advisor to Creditors' Committee
Polar Air Cargo is an international air cargo carrier affiliated with Atlas Air Cargo. DSI assisted the creditors' committee in the evaluation of the Debtor’s plan of reorganization and related causes of action. DSI was retained in anticipation of litigation and the need for expert testimony in a contested confirmation hearing. Through the efforts of DSI and counsel, negotiations among the committee, Debtor and counsel achieved a consensual plan of reorganization.
DSI Team: Joe Luzinski, Clare Pierce, Alan Omori, Yale Bogen & Brian Calvert
Movie Theater Chain dba UltraStar Cinemas
Examiner & Consultant to the Examiner
Brad Sharp was appointed as examiner of Movie Theater Entertainment Group to investigate the company's books and records and the sale of the majority of the company’s operating assets to an insider prior to filing bankruptcy. The examiner's report concluded the assets were sold below market value and the sale constituted a fraudulent conveyance.
DSI Team: Brad Sharp, Brian Calvert, Matt Braun & Tania Kingsbury
Public Sector
Litigation Support
DSI was hired by the San Francisco City Attorney's Office to evaluate the city's claim for damages associated with a major power blackout. City departments prepared their claims to be submitted to Pacific Gas & Electric. DSI reviewed, analyzed and discussed the methodology and calculations with the departments and the City Controller to support the claims, which were submitted to PG&E. DSI successfully negotiated a settlement of the claim.
DSI Team: Kyle Everett & Rose Jane Delarosa
Financial Services
Expert Witness for Rabobank
Brad Sharp and Brian Calvert were engaged by Rabobank as U.S. banking experts with respect to co-lender National Westminster Bank's claim that Rabobank was negligent in puchasing a loan from NatWest, all stemming from the failure of Yorkshire Food Group, a California-based processor of dried fruit and nuts. Mr. Sharp provided four reports and testified in the High Court of Justice (U.K.) with respect to Rabobank's actions. Mr. Calvert acted as a consulting expert providing tactical and strategic advice in the case. Mr. Sharp and Mr. Calvert's expertise related to banking, securitizations and agricultural finance.
DSI Team: Brad Sharp, Brian Calvert, Matt Braun & Cathy Vance
