Company Files For Bankruptcy Following Discovery Of Regulatory Violations

ByJohn Lomicky

Updated on

Case Overview

This case involves a chemical plant in South Dakota that was shut down for various breaches of environmental regulatory codes. It was discovered that over the course of a year, the chemical plant repeatedly violated air quality standards by improperly storing chemical substances, contaminated various drainage channels with toxins, and spilled approximately 500 lbs. of chemicals into nearby rivers. After the plant received an order requiring it to suspend operations, news that the plant had failed to protect against spills of hazardous waste went public. Within hours, the company’s shares dropped 35%. The plant filed for bankruptcy shortly thereafter. An expert in corporate banking was sought to review the case and determine whether or not bankruptcy was a foreseeable outcome given the status of the company’s financials.

Questions to the Banking expert and their responses

Q1

Please describe your experience evaluating corporate financials and/or assessing bankruptcy risk.

I have a great deal of experience evaluating corporate financials and assessing bankruptcy risk. Credentialed as both an attorney and a CPA, I have lectured on issues of solvency and business forecasting at well-known business and law schools. In my career, I have dealt with contingent liability issues whose financial impact can be assessed in much the same way. I have analyzed financial reporting in prominent cases, including a case that involved upwards of $20 billion from investment banks for mortgage-backed securities fraud. With significant experience consulting on cases like these, I am more than happy to review the chemical plant's financials.

About the expert

This expert is a graduate of the prestigious University of Michigan law school and has applied his knowledge of law and finance to prominent cases such as a DoJ investigation and Fannie & Freddie mortgage-backed securities fraud. He is increasingly recognized in business media and has acted a referee in southern California superior courts.

Expert headshot

E-031332

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About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. His extensive professional experience includes significant contributions in legal business development and research.

At Expert Institute, John held several key roles over five years, including Director of Business Development, where he oversaw an inside sales team, generating six-figure monthly revenue and fostering relationships with a diverse range of legal practices, including top-tier firms and solo practitioners. As Associate Director of Research, he led the company's first physical expansion, establishing a successful operation in California and managing a team of over 20 research and sales professionals. In his role as Associate in Research, he provided tailored consulting services to attorney clients across North America, connecting them with the right experts for cases in various fields, including personal injury and intellectual property,

John's expertise spans managing sales teams and driving company expansion, developing consultative services tailored to legal practices, and cultivating strong relationships within the legal community.

He is currently pursuing a JD/LLM in Tax at the University of Florida - Fredric G. Levin College of Law, where he is involved with the Florida Tax Moot Court Team and the Low-Income Taxpayer Clinic.

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