Appraisals for Bankruptcy and Litigation Support: What Attorneys Should Know

Common Litigation Contexts

Appraisers are engaged to support bankruptcy reorganization and liquidation matters, marital dissolution proceedings, partnership and shareholder disputes, and contract or lease disputes involving real property — each with its own procedural requirements and evidentiary standards.

Standard of Value Depends on the Matter

Unlike a financing appraisal, which typically applies a fair market value standard, litigation matters can call for different standards of value depending on the applicable law and the specific question before the court — attorneys should confirm the correct standard with the appraiser at engagement.

Expert Testimony and Report Defensibility

An appraiser retained for litigation may be required to testify as an expert witness, which places additional weight on the report’s methodology, documentation, and defensibility under cross-examination — not just its conclusion.

Engaging an Appraiser Early

Bringing in an appraiser early in a matter allows time for a thorough inspection, data collection, and analysis, and gives counsel the opportunity to shape the scope of work around the specific legal questions at issue.

Dunkin Advisors supports attorneys with independent valuations and expert testimony for bankruptcy and litigation matters. Contact us to discuss your case.

Compliance Note: This article is provided for general educational purposes only and does not constitute legal advice. Standards of value and procedural requirements vary by matter and jurisdiction. Attorneys and parties to litigation should consult qualified counsel regarding a specific case.