When we first got together, we began to discuss how estates could better monetize and maximize valuable assets in a cost effective manner. Based on our collective experience working in the restructuring field we recognized that preference actions are valuable sources of recovery in bankruptcy cases. This is especially true in the current restructuring environment, where avoidance action proceeds may represent the sole source of recovery for certain classes of creditors.

We determined that by pairing innovative technology and consultants with a highly specialized focus in the area of preference actions, we could reduce the cost associated with pursuing preference actions while simultaneously improving outcomes for our clients. With this in mind, we developed our proprietary software application, AcuMatrix™. AcuMatrix™ offers a new level of transparency in the preference action process, including a Client Dashboard containing key preference portfolio information and performance metrics. AcuMatrix™ also offers the most robust preference defense analysis model in the industry. AcuMatrix™ was built to manage a preference action from start to finish. AcuMatrix™ is also a case management tool, complete with note taking, calendaring and document management capabilities. Because AcuMatrix™ can accommodate numerous analysis methodologies, approaches and input variables, it allows Acumen to provide attorneys pursuing preference actions with all of the tools they need to maximize recoveries for a bankruptcy estate.

In addition, Acumen can use AcuMatrix™ to assist clients and their counsel in defending against preference actions and demands brought by other parties, and ensure that Acumen’s clients and/or their attorneys have the information they need to assert their strongest defenses.

We also saw an opportunity to bring a new approach to the preference action space and set a new standard for quality and professionalism. At Acumen, we have created a company – not a law firm – designed to help attorneys and their clients manage and utilize their preference action data and documents to maximum effect. While we do not (and cannot) practice law, we are ready willing and able to provide the following services:

(a) gather and evaluate client data;

(b) prepare a robust data analysis that provides the legal team with information needed to set the most appropriate recovery or defense strategy;

(c) provide complete and comprehensive back office services, including document / discovery management;

(d) support attorneys in litigation, settlement negotiations and mediation; and

(e) where applicable, assist the estate in collection activities.

Every case is different and a cookie-cutter approach to preference analysis won’t always get the best result. We utilize our expertise to tailor our strategy according to the needs and posture of each particular case. Our understanding of the big picture influences how we handle matters, keeping in mind the interests of the parties involved and how they each fit into the process as a whole. Our approach is a complimentary one, and we pride ourselves on being able to work collaboratively with lawyers, in-house counsel and other professionals to achieve the best results for our mutual clients.
The most important measure of Acumen’s success will be client satisfaction. We are not satisfied unless and until our clients have achieved their objectives and goals with respect to our engagement. We are available “24-7“ and will not rest until this is the case.
Our mission statement is simple: We strive to be recognized as the leading provider of services related to the analysis, prosecution and defense of preference actions. We will utilize our demonstrated restructuring experience, innovative technology and strategic thinking to surpass our competitors in the preference space. Client service, integrity, accountability and professionalism serve as our paramount principles in everything we do, and we look very much forward to serving your needs and partnering with you to obtain your desired results.


Dan McElhinney              Michael Cohen