Expert Witness Services
Having underwritten and closed commercial loans as both a lender and a broker, and having negotiated workout loans on behalf of both lenders and borrowers, Mr. Odenkirk has a strong working knowledge of many facets of the commercial loan industry including: underwriting practices, loan structuring, the loan approval process, loan management practices, and loan collection strategies.
Expert Witness Assignments Sample Assignments:
| Plaintiff / Defendant | Client | Description |
|---|---|---|
| Plaintiff | Mesch, Clark and Rothschild, PC | Lender liability – Review of loan history, documentation, communications, and bank files. Plaintiff seeking damages based on appearance of lender misrepresentation and bad acts related to multiple C&I loans. Provided both deposition and in-court testimony. |
| Plaintiff | Van Horn Law Firm, P.L.L.C. | Lender liability – Review of loan history, documentation, communications, and bank files. Plaintiff seeking damages based on appearance of lender misrepresentation and bad acts related to a lot development loan. Provided both written report and deposition testimony. |
| Debtors in Chapter 11 BK | Gallagher and Kennedy, P.A. | Analysis of Plan of Reorganization – Analysis and opinion on a Plan of Reorganization on behalf of Debtor. Provided both deposition and in-court testimony. |
| Plaintiff | Lewis, Brisbois, Bisgaard & Smith, LLP | Review and opinion on “market” nature of loan made to bank executive – Review of internal analysis and documentation on loan made to bank executive. Informal findings summarized and provided to client. |
| Defendant | Mesch, Clark and Rothschild, PC | Analysis of recourse status of loan – Lender seeking to enforce personal recourse. Borrower claiming relief from recourse based on irregularities in loan management. Documentation review and discussion summarized in Client meeting. No report filed. |
| Defendant | Rusing and Lopez, P.L.L.C. | Review of bank foreclosure process – Documentation and process review of foreclosure by lender. Borrower seeking perspective of “common banking practices” as to foreclosure, appraisal, and credit bid process. Report submitted to Client. |
| Plaintiff | Rusing and Lopez, P.L.L.C. | Financial solvency and insider payments analysis – Review of financial records and opinions on solvency of the enterprise as well as the timing of distributions made to an insider prior to bankruptcy. Report submitted to Client. |