In the post-confirmation phase, creditors are vested with assets in the remaining estate, often through a creditors’ trust, and receive recoveries on their claims once those assets are monetised. Our professionals work with the plan administrator or trustee on behalf of the creditors to pursue and collect upon litigation actions vested with the trust, investigate preference actions, monetise remaining assets, effectively adjudicate claims, make distributions to creditors, prepare operating reports, file tax returns for the trust, and wind down remaining financial and court-required obligations of the trust.
Protiviti provides the resources and management expertise to provide for the efficient and effective process of monetising assets and claims adjudication and distribution. Our expertise supports the disposition of physical assets in the manner that creates the most value for the creditor body, evaluation of the cost-benefit of any ongoing recovery actions, oversight of litigation strategy, expert report preparation, deposition and trial testimony, and negotiation of out-of-court resolutions. Protiviti understands the recovery-maximising economics associated with the successful collection of proceeds, management of trust expenses and distribution processes in litigation or other trusts including class action distribution trusts, litigation trusts and creditor trusts.
Our credentialed professionals have extensive experience analysing avoidance actions, sending demand letters, filing complaints, reconciling data provided by the defendant, negotiating settlements, preparing expert reports, and providing deposition and expert testimony in trial. We have analysed tens of thousands of avoidance actions ranging from under $20,000 to well over $10,000,000.