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- Debtor Accountant for Jon Harder, Chief Executive Officer of the Sunwest Enterprise of Companies (Oregon District Court, Case No. 09-cv-06074 HO – Reference Withdrawn, Former Bk. Case No. 08-37225-tmb11): Consulting expert for defense counsel in the preparation of financial restructure plan and analysis of multiple competing restructure plans in $2.5 billion assisted living facility enterprise. Performed tax planning and analysis, evaluation of asset retention and disposition issues, and evaluation of claims against third parties. Result: Settlement.
- In re Yellowstone Mountain Club LLC (Montana District Court, Case No. 08-61570): Consulting expert to plaintiff counsel against Credit Suisse, a multi-national lending institution accused of breaching its fiduciary duty to a mountain resort entity by lending approximately $232 million to the primary owner of the entity, which was to be used for personal purposes, not business purposes. The money was never repaid to the corporation, which filed for bankruptcy. Result: Judicial ruling for plaintiff.
- Textron Financial Corporation v. Teufel et. al. (Oregon District Court, Case No. 3:2009cv00906): Testifying expert for defense counsel of company that had its debt financing cancelled unexpectedly. Analyzed numerous accounting issues, bank “internal audit reports”, company and CPA prepared financial statements, work-in-process schedules and financial liquidity and forecasts. Assisted counsel in evaluating claims against financial institution, recommended to company new internal controls and accounting oversight to better manage company and credit facility. Result: Settlement.
- (West Coast Nursery Producer v. Local Accounting Firm): Testifying expert to plaintiff counsel in the analysis of a sale of a nursery producer where purchase price was based on certain inventory levels that were alleged to have been overstated. Performed an analysis of the accountants’ working papers to determine compliance with applicable standards of care, prepared cost accounting models, determined material misstatements with respect to inventory amounts, and prepared counsel for depositions. Result: Settlement.
- In re Berjac of Oregon (Oregon District Court, Case No. 12-63884-tmr7): Testifying expert to defense counsel in support of Bullivant Houser Bailey PC’s (“BHB”) Motion to Approve Settlement of Fee Claims. Prepared analysis from historical financial information and rendered conclusions on BHB’s banking relationships, bank covenants, net borrowings, net cash flows, and alternate financing options that were available to BHB compared to its current lender. Prepared expert report indicating my conclusions, prepared declaration in support of Motion, assisted in cross-examination issues of opposing expert, and testified in court hearing regarding my opinions. Result: Judicial ruling for defendant.
- In re Mara Gisella Hutchins; State of Oregon, Department of Human Services (plaintiff) v. Mara Gisella Hutchins (defendant) (Oregon District Court, Case No. 19-31567- tmb7): Testifying expert to defense counsel in debt dischargement dispute due to claims Ms. Hutchins knowingly made misrepresentations or recklessly disregarded the truth by misstating, failing to disclose, omitting or concealing her income, sources of her income, her self- employment, and her assets which affected the State of Oregon’s decision to provide her food stamp benefits (SNAP). Reviewed income tax returns, SNAP application requirements (including historical changes to SNAP applications), provided testimony regarding confusing and unclear program requirements that could lead applicants to make mistakes when completing SNAP applications, and outlined indications that Ms. Hutchins did not commit fraud upon the State of Oregon. Result: Pending