Kevin McColgan

Kevin McColgan

Partner, CPA/CFF, CTP, CIRA · +1 (212) 792 4950

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Kevin has over 20 years of Bankruptcy & Restructuring experience, serving as financial advisor to numerous distressed companies, boards of directors, secured lenders and unsecured creditors’ committees.  Kevin has guided clients through out-of-court debt restructurings, chapter 11 bankruptcies, and bankruptcy related litigation matters in state and Federal courts.

Kevin has provided crisis management, strategic planning, financial turnaround and bankruptcy consulting services to corporations in financial distress.  He has also provided a broad range of financial advisory services, including litigation consulting, and fraud and forensic accounting investigations. He has prepared financial experts for testimony, prepared expert reports and provided testimony in bankruptcy matters.

Kevin has advised buyers and sellers in merger and acquisition transactions, including 363 sales in bankruptcy cases. He has advised companies and their auditors on fresh start accounting matters and has been a guest lecturer at New York Law School on this topic. Before becoming involved in restructuring and litigation consulting, Kevin gained extensive experience in auditing and accounting consultation for public and privately held companies, including public offerings of stock and debt.

In the News

  • Financial advisor to the independent members of the Board of Directors of Seadrill Limited to assess solvency and investigate potential causes of action related to certain intercompany and related party transactions
  • Financial advisor to the Independent Committee of the Board of Directors of Sabine Oil and Gas Corporation to assess solvency and investigate its pre-bankruptcy merger, potential causes of action related to intercompany and related party transfers, and potential recoveries to various stakeholders
    Assisted in a tax and accounting related investigation of a large multi-national oil and gas exploration company by a government regulatory agency; helped frame the complex international tax and accounting issues and developed strategies for witness depositions
  • Financial advisor to the Official Committee of Unsecured Creditors in the Patriot Coal Corporation bankruptcy
  • Advised Georgia Power Company with regard to certain actions taken to mitigate the financial impact of the Westinghouse bankruptcy filing on its in-process construction of a multi-billion dollar nuclear power plant; prepared written expert testimony and advised the expert witness selected to present to the Georgia Public Service Commission
  • Financial advisor to an indenture trustee in the Energy Futures Holdings bankruptcy.  Analyzed potential sources of recovery, including intercompany allocation agreements and financial reporting, settlements, tax matters and the reports and testimony of other experts
  • Developed strategy for the defense of an avoidance litigation brought by the post-confirmation litigation trust formed in the Mirant Corporation bankruptcy against a syndicate of banks; supported the expert witness with analyses of financial condition, forensic tracing of transactions through an international cash management system, report drafting and testimony preparation
  • Coordinated team efforts for solvency litigation in Chancery Court for large multi-national green energy developer; developed strategy and support for the expert witness, performed a forensic reconstruction of funds flow among entities, drafted the expert report and rebuttals, and prepared the expert for testimony
  • Financial advisor to the Governance Committee of the Board of Directors of Caesars Entertainment Operating Company, Inc. to assess solvency and investigate potential causes of action related to certain intercompany and related party transactions
  • Financial advisor to an international appliance manufacturer to provide strategy and analysis of damages and counterclaims in a lost profits dispute with one of its vendors
  • Provided financial advisory services, forensic analyses, witness interviews and assisted in the preparation of the report of Judge Arthur J. Gonzalez (retired), former Chief Judge of the U.S. Bankruptcy Court, SDNY in his capacity as the court-appointed examiner in the Residential Capital, LLC Chapter 11 case 
  • Strategized on a post-acquisition dispute for a large residential mortgage originator; developed plan and provided accounting guidance and forensic investigation of loan loss reserves to support the expert’s testimony utilized to favorably settle claims against the seller
  • Provided forensic investigation of auditor workpapers and assisted counsel in witness interviews, strategy and the preparation of the independent examiner’s report regarding the collapse of New Century Mortgage
  • Performed a forensic investigation in connection with a large retailers’ defense of a stock options back-dating lawsuit
  • Prepared an expert report on solvency used by the estate of a bankrupt retailer pursuing certain avoidance actions
  • Provided financial analyses and the forensic accounting investigation utilized to favorably settle fiduciary duty claims resulting from Service Merchandise’s delay in filing for bankruptcy protection 
  • American Bankruptcy Institute
  • American Institute of Certified Public Accountants (AICPA)
  • Association of Certified Fraud Examiners
  • Association of Insolvency & Restructuring Advisors
  • New Jersey Society of Certified Public Accountants
  • Turnaround Management Association

Location

New York

Education

Bachelor of Science
Seton Hall University