Bankruptcy & Reorganization

When the Court Sets the Standard, the Valuation Has to Be Built for Federal Scrutiny.

I have served as the business appraiser in federal bankruptcy matters where the U.S. Department of Justice and the FDIC were parties to the litigation. That is the audience I prepare every bankruptcy report for — federal practitioners, trustees, and institutional creditors who do not accept anything that cannot be defended.

Bankruptcy valuations live at the intersection of three fact patterns most appraisers never confront together: a federal forum with strict standards, a controlling Bankruptcy Code section that dictates the standard of value, and a counterparty whose entire job is to attack the conclusion. I have served the debtor side, the trustee side, and the creditor side across Chapters 7, 11, and Subchapter V — and the methodology has been affirmed on appeal in adjacent litigation contexts.

A Businessperson examining a hand-drawn maze — Chapter 11 reorganization complexity.
DOJ + FDIC
Federal Court Matters
16+
Bankruptcy Engagements
2 of 2
Cases Affirmed on Appeal
800+
Valuations Since 2005
Federal Court Engagements

I Have Served as the Business Appraiser in Federal Bankruptcy Matters Involving the DOJ and the FDIC.

Bankruptcy is exclusively a federal forum. The valuation has to be built to a federal-court standard from the first page. These engagements show that standard in practice.

U.S. Department of Justice Matter

Bankruptcy Adversary — Middle District of Florida.

I served as the business appraiser in a Middle District of Florida bankruptcy matter where the U.S. Department of Justice was a party to the litigation. The case resolved minutes prior to my testifying — opposing counsel had read the report.

That outcome is a useful proxy for what a defensible bankruptcy valuation accomplishes. The opposing party did not contest the methodology at the witness stand. They settled.

Case 6:17-bk-02004-KSJ · United States Bankruptcy Court, Middle District of Florida, Orlando Division · In re Scherer (U.S. Department of Justice was a party to the proceeding)
FDIC Matter

Federal Deposit Insurance Corporation Engagements.

I have served as the business appraiser in two separate matters where the FDIC was a party: a banking institution valuation engagement in Puerto Rico and a Middle District of Florida bankruptcy adversary captioned In re Scarfia (FDIC was a party to the proceeding). The first was a complex institutional valuation; the second was a contested bankruptcy proceeding requiring an independent business appraisal that would survive cross-examination.

Federal proceedings of this kind apply the same standards to every appraisal that lands on the docket — and those are the standards I apply on every bankruptcy engagement, whether the counterparty is a federal agency, a Chapter 7 trustee, or a private secured lender.

Case 8:13-bk-14296-CPM · United States Bankruptcy Court, Middle District of Florida · In re Scarfia (FDIC was a party to the proceeding)
Four Bankruptcy Contexts

The Code Section Determines Almost Everything.

"Bankruptcy valuation" is not one engagement type — it is four, each with its own controlling Code section, its own standard of value, and its own evidentiary posture. I value each on its own terms.

Context 1

Chapter 7 — Liquidation Analysis

Chapter 7 trustees, secured lenders, and unsecured creditors' committees need an orderly-liquidation-value analysis they can rely on for distribution forecasting and §506(a) lien stripping. The valuation must support a real, defendable estimate of what the assets — going concern or piece-by-piece — will actually realize at a §363 sale or auction. I have served as the appraiser in Chapter 7 matters including Dish Network v. Bhalla in the Middle District of Florida, Tampa Division.

Context 2

Chapter 11 — Plan Feasibility & Going Concern

Chapter 11 plan-confirmation valuations have to satisfy two distinct tests at once: the best-interests test (the plan must give creditors at least what they would get in a Chapter 7 liquidation) and the feasibility test (the reorganized debtor must reasonably be expected to perform). That requires a going-concern valuation paired with a credible liquidation comparison. I have prepared Chapter 11 valuations for engagements including a Florida home health agency (6:18-bk-0676-GER, 2022) and a transitional living assisted-living facility (8:18-bk-07874-CPM, Middle Dist. FL, 2022).

Context 3

Subchapter V — Small Business Reorganization

Subchapter V was took effect in 2020. Most appraisers have never done one. I have. Sub V engagements compress the Chapter 11 timeline, simplify the disclosure-statement requirement, and put the valuation in the hands of the Sub V trustee from day one — which means the report has to be ready faster, defended more compactly, and integrated into the small business debtor's projected disposable income calculation. I served as the appraiser on a Heavy Machinery Rentals Sub V matter (22-30007-JCO, 2022) spanning Alabama and Tampa.

Context 4

§363 Sales, §506(a) Liens & Solvency Analysis

Adversary proceedings, §363 sale-of-asset motions, §506(a) lien-strip valuations, cramdown disputes under Rash, and solvency analyses for §548 fraudulent-transfer claims and §547 preference actions all require valuation evidence that the bankruptcy court will admit and the opposing party will struggle to attack. I have prepared adversary-proceeding valuations including In re Sharkey (Allstate Insurance was a party to the proceeding) (8:13-bk-01401-MGW, Middle Dist. FL, 2014) and have advised on §363 going-concern sale frameworks across multiple industry contexts.

The Pivotal Issue

Going Concern Value vs. Orderly Liquidation Value.

The single most consequential decision in a bankruptcy valuation is which premise of value applies — and that decision is driven by the Code section, the proposed disposition, and the facts of the case. The two premises produce dramatically different conclusions, often with a 40 to 70 percent spread.

Going Concern

Going Concern Value

The value of the business as a continuing operation — assuming continued use of the assets in their existing combination, with the workforce, customers, vendors, and goodwill intact. This is the premise typical of Chapter 11 plan-feasibility valuations, §363 going-concern sales, and any disposition that keeps the business operating.

  • Discounted cash flow approach typically applies
  • Market multiples from comparable closings
  • Business sold as a unit, not piece by piece
  • Assumes orderly transition and operating continuity
  • Standard for plan confirmation and Sub V
  • Higher conclusion when operations are profitable
Orderly Liquidation

Orderly Liquidation Value

The net amount realizable from a sale of the assets piece by piece, assumed to occur over a reasonable marketing period (typically 90 to 180 days), conducted by an experienced liquidator. This is the premise typical of Chapter 7 liquidation analyses, the best-interests-of-creditors comparison in Chapter 11, and most §506(a) collateral valuations.

  • Asset-by-asset framework
  • Reasonable marketing period assumed
  • Experienced liquidator, not a fire sale
  • Goodwill and going-concern premium excluded
  • Standard for Chapter 7 and §506(a)
  • Lower conclusion in nearly every fact pattern
The Premise Decision Is the Engagement.

Before I open the financials, I read the petition, the proposed plan or disposition motion, the cash collateral order, and any pleadings on the record. The Code section being invoked — and the disposition the parties are contemplating — usually decides whether going concern or orderly liquidation is the operative premise, which valuation date controls, and whether the report has to defend both premises in parallel for a best-interests-test comparison. Choosing the wrong premise is the most common reason a bankruptcy valuation gets attacked at confirmation. I do not skip that step.
Selected Engagements

A Sample of Bankruptcy Engagements

Drawn from the public CV. Case numbers are listed where they are already on the public record; otherwise the business type, district, and chapter are reported. The full bankruptcy log is available on request.

Engagement Venue Chapter / Context
In re Scherer (U.S. Department of Justice was a party to the proceeding)
DOJ Matter
Case 6:17-bk-02004-KSJ · U.S. Bankruptcy Court, Middle Dist. FL, Orlando DivisionFederal Adversary
In re Scarfia (FDIC was a party to the proceeding)
FDIC Matter
Case 8:13-bk-14296-CPM · U.S. Bankruptcy Court, Middle Dist. FLFederal Adversary
Banking Institution Valuation — FDIC MatterPuerto RicoFDIC Matter
Heavy Machinery Rentals — 22-30007-JCOU.S. Bankruptcy Court · Alabama and TampaChapter 11 / Sub V
Home Health Agency — 6:18-bk-0676-GERU.S. Bankruptcy Court, Middle District of FloridaChapter 11
Transitional Living Assisted Living Facility — 8:18-bk-07874-CPMU.S. Bankruptcy Court, Middle Dist. FL, TampaChapter 11
Dish Network v. Bhalla8:16-bk-00265-RCTU.S. Bankruptcy Court, Middle Dist. FL, TampaChapter 7
In re Sharkey (Allstate Insurance was a party to the proceeding) — 8:13-bk-01401-MGWU.S. Bankruptcy Court, Middle Dist. FLAdversary
Coffee Shop Bankruptcy — Case 21-007000-FDPinellas County Circuit Court, FLBankruptcy
Construction Company WorkoutTampa, FLWorkout
Property Management CompanyChicago, ILBankruptcy
Investment Property — Minority Interest, Case 13-16552-CPMTampa, FLBankruptcy

Bankruptcy engagements are concentrated in the United States Bankruptcy Court for the Middle District of Florida (Tampa and Orlando Divisions), with additional engagements in the Southern District of Alabama, the Northern District of Illinois, and the District of Puerto Rico.

Common Questions

What Bankruptcy Counsel and Trustees Ask First

Can you serve the debtor side, the trustee side, or the creditor side?
Yes — I have served all three. The debtor-in-possession (DIP) often retains me to support a Chapter 11 plan or a §363 going-concern sale. Chapter 7 and Subchapter V trustees retain me to test the debtor's valuation, support liquidation-distribution forecasts, and underwrite §506(a) lien-strip motions. Secured creditors and creditors' committees retain me to challenge debtor-friendly conclusions or to support adequate-protection motions. The work is independent and standards-based regardless of the retaining party — that is the only way the valuation survives federal-court scrutiny.
Do you handle Subchapter V cases?
Yes. Subchapter V was took effect in 2020 and most appraisers have not yet developed real Sub V experience. I have served as the appraiser in Sub V matters — most notably a Heavy Machinery Rentals reorganization (22-30007-JCO) spanning the Southern District of Alabama and the Middle District of Florida. Sub V engagements are time-compressed: the disclosure statement is simplified, the Sub V trustee gets the report fast, and the valuation has to integrate cleanly into the small business debtor's projected disposable income calculation under 11 U.S.C. § 1191. I deliver Sub V valuations on the timeline the chapter actually requires.
Which premise of value will you use — going concern or orderly liquidation?
The premise is driven by the Code section being invoked and the disposition the parties contemplate. Chapter 11 plan confirmation typically requires a going-concern valuation paired with an orderly-liquidation-value comparison for the best-interests test. Chapter 7 distribution forecasting and §506(a) lien valuations typically use orderly liquidation value. §363 going-concern sales use going-concern value with a fallback piece-by-piece analysis if the going-concern transaction does not clear. Solvency analyses for §548 fraudulent-transfer claims look at fair value of assets vs. fair value of liabilities at the relevant date. I confirm the operative premise with retaining counsel before opening the financials.
Will the report support the §1129 best-interests-of-creditors test?
Yes. The best-interests test under 11 U.S.C. § 1129(a)(7) requires that each non-accepting impaired creditor receive under the plan at least what it would receive in a Chapter 7 liquidation. That requires two valuations in parallel: the going-concern value supporting the proposed plan distribution and the orderly-liquidation value benchmarking the Chapter 7 alternative. I prepare both within a single report so the comparison is transparent, the assumptions are aligned, and the court can see the math without flipping between exhibits.
Can you support a §506(a) lien-strip or cramdown valuation?
Yes. Section 506(a) values a secured creditor's collateral interest at the value of the collateral, with the rest of the claim treated as unsecured. The Supreme Court's Rash decision held that, in the cramdown context, the proper measure is the cost the debtor would incur to obtain a like asset for the proposed use — typically a replacement-value standard rather than a strict orderly-liquidation value. I value §506(a) collateral to the standard the controlling forum has applied, document the methodology in a dedicated exhibit, and stand behind it on cross-examination.
Can you support a §548 solvency analysis or fraudulent-transfer claim?
Yes. Section 548 fraudulent-transfer claims and §547 preference actions frequently turn on whether the debtor was solvent at the time of the challenged transfer. That is a fair-value-of-assets-vs.-fair-value-of-liabilities determination at a specific historical date, not at the petition date. Reconstructing solvency at a backward-looking valuation date requires the same financial archeology that goes into a divorce business valuation traced to the date of marriage — and the methodology I use in family-law work transfers directly. The solvency exhibit reads like a valuation rather than a forensic audit, which is what the bankruptcy court expects.
Will the bankruptcy report hold up at deposition and trial?
That is the standard the report is built to. My CV documents 11 court testimony appearances and 11 deposition appearances. I have served as the business appraiser in federal bankruptcy matters involving the U.S. Department of Justice (Case 6:17-bk-02004-KSJ, Middle Dist. FL Orlando Division) and the FDIC (Case 8:13-bk-14296-CPM, In re Scarfia (FDIC was a party to the proceeding), Middle Dist. FL) as litigation parties. My valuation methodology has been challenged through full Florida appellate review in adjacent litigation contexts and was affirmed both times. The CBA designation is the only U.S. business-appraisal credential that requires peer review of completed reports as a condition of certification, which is one reason the methodology survives federal-court cross-examination.
What documents do you need to start a bankruptcy valuation?
For most engagements: the bankruptcy petition, schedules, and statement of financial affairs (SOFA); the proposed plan or §363 motion if filed; any cash-collateral or DIP-financing orders; three to five years of business tax returns and audited or compiled financials; the most recent year-to-date P&L and balance sheet; the §341 transcript if available; any contested adversary pleadings; owner compensation history; a fixed-asset schedule; the lease; and a 60- to 90-minute management interview by Zoom (with debtor's counsel present where appropriate). I send a tailored information request after the intake call once we have fixed the operative Code section and the valuation date.
Do you offer a Phase I diagnostic for fast bankruptcy timelines?
Yes. For many bankruptcy engagements — particularly Subchapter V matters and §363 sale motions on accelerated calendars — a Phase I preliminary calculation of value gets the parties to a defensible number range in two to three weeks at a fraction of the cost of a full Conclusion of Value report. Phase I supports plan negotiations, cash-collateral budgeting, and §506(a) preliminary positions. Phase II — the full Conclusion of Value with all three approaches developed — is the right deliverable for plan-confirmation hearings, contested cramdowns, and adversary proceedings.
Can you take bankruptcy engagements outside Florida?
Yes. While the bulk of my bankruptcy work is in the Middle District of Florida, the CV documents engagements in the Southern District of Alabama (Heavy Machinery Rentals Sub V), the Northern District of Illinois (a Chicago property management company bankruptcy), and the District of Puerto Rico (FDIC institutional valuation). The CBA credential and NACVA standards are recognized in every U.S. bankruptcy court, and I work with local counsel to confirm any district-specific procedural requirements before issuing the report.
Book Your Consultation

Tell Me About the Case.

Schedule a confidential 30-minute intake call. We will discuss the chapter, the controlling Code section, the operative premise of value, the valuation date, the disposition the parties contemplate, and whether a Phase I diagnostic or a full Conclusion of Value fits the timeline. No obligation either way.

Or reach out directly
Ameri-Street Advisory, Inc.
4830 W Kennedy Boulevard, Suite 600 · Tampa, FL 33609
Salvatore B. Urso, CBA · NACVA Member ID 62312
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