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.
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.
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)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)"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.
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.
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).
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.
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 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.
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.
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.
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 Division | Federal 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. FL | Federal Adversary |
| Banking Institution Valuation — FDIC Matter | Puerto Rico | FDIC Matter |
| Heavy Machinery Rentals — 22-30007-JCO | U.S. Bankruptcy Court · Alabama and Tampa | Chapter 11 / Sub V |
| Home Health Agency — 6:18-bk-0676-GER | U.S. Bankruptcy Court, Middle District of Florida | Chapter 11 |
| Transitional Living Assisted Living Facility — 8:18-bk-07874-CPM | U.S. Bankruptcy Court, Middle Dist. FL, Tampa | Chapter 11 |
| Dish Network v. Bhalla — 8:16-bk-00265-RCT | U.S. Bankruptcy Court, Middle Dist. FL, Tampa | Chapter 7 |
| In re Sharkey (Allstate Insurance was a party to the proceeding) — 8:13-bk-01401-MGW | U.S. Bankruptcy Court, Middle Dist. FL | Adversary |
| Coffee Shop Bankruptcy — Case 21-007000-FD | Pinellas County Circuit Court, FL | Bankruptcy |
| Construction Company Workout | Tampa, FL | Workout |
| Property Management Company | Chicago, IL | Bankruptcy |
| Investment Property — Minority Interest, Case 13-16552-CPM | Tampa, FL | Bankruptcy |
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.
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.