The focus of this program would be on locating and hiring the best most cost effective expert witness for your client's preference action(s). Things to consider include:
1) Obtaining, considering and investigating a potential expert witness using their C.V.
2) Number of cases where they have provided a report
3) Industries that they cover
4) Level of experience that they have in the industry of the Defendant
5) Articles/Books published by the expert witness
6) Number of years they have taught classes related to preference actions
7) Have they represented both Defendants and Plaintiffs
8) Do they have access to Industry Data
9) What type of analysis have they examined (i.e., Subjective/Objective, Contemporaneous Exchange, New Value, Industry's idiosyncrasies, Seasonality, Covid, etc.)
10) Number of times they have testified in Court (both for Defendant and Plaintiff)
11) Number of times they have been Disposed
12) Number of Daubert Motions filed against them and have they won all of them
13) Number of Defendant can number of Plaintiff cases
14) Other Bankruptcy Related Experience
15) Professional background and expertise
16) Number of years acting as an Expert Witness
17) Number of years in their overall profession
18) References
19) Are they a team player
20) Recognize the need for confidentiality
21) Worked for numerous firms
22) Have a well defined and clear C.V.
23) Have familiarity with a case and have recommendations for mediators, local counsel (if needed), etc.
24) Is well recognized in their field and have been recommended by other bankruptcy attorneys
25) Why even hire an expert witness and what do they bring to resolving your client's preference action
This will offer to attorneys the means to obtain the best results for their clients and show the client that the attorney firm is always focused on obtaining a solid resolution to their client's case(s).
Business
Debtor estates and other distressed stakeholders can monetize formerly contaminated parcels which have no higher or better use than solar by leasing or selling those assets to specialized brownfields-to-solar developers. These niche developers can buy suitable parcels outright or offer twenty-year leases which can be transferred with the property. The Inflation Reduction Act and renewable energy-friendly states provide significant financial incentives which allow for generous lease rates. Bankruptcy trustees, debtor estates, creditors and other stakeholders have begun exploring this monetization strategy, which can be accomplished out of court, as long as the assets are at least partially remediated.
What is the brownfields solar financial model, whether through lease or acquisition, and how much revenue would it generate in a sample project?
What types of real estate assets are suitable for solar siting (and no other, higher/better uses)?
What geographical locations/states provide the best financial incentives (tax incentives, rec programs, high power rates) to generate the highest lease rate or purchase price for a trustee, debtor estate or other stakeholder?
What are the relevant provisions of the Inflation Reduction Act?
What are some of the relevant provisions in states with favorable policies?
How can a trustee, debtor estate or other stakeholder mitigate the environmental risk associated with brownfields solar projects?
How can public sector creditors properly dispose of or monetize through lease brownfield properties where the property owner is missing or refuses to appear in court proceedings?
Can environmental liabilities be discharged under section 363 of the Bankruptcy Code? Is that necessary in the context of developing solar on brownfields?
Debtor
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