Burtch v. Opus, LLC (In re Opus East, LLC) (I)

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March 23, 2015

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6552 Land Subdividers and Developers, Except Cemeteries
237210 Land Subdivision
bankruptcy
discount, liquidation, real estate, fraudulent transfer, avoidable transfer, chapter 7 bankruptcy, going concern value, debtor, cash flow projections
Burtch v. Opus, LLC (In re Opus East, LLC) (I)
2015 Bankr. LEXIS 923
US
Federal Court
Delaware
United States Bankruptcy Court
Quentin Mimms (trustee); Daniel Lentz (defendants)
Walrath

Summary

In Chapter 7 case, Bankruptcy Court finds trustee expert’s liquidation valuation fails to meet insolvency tests; court says expert’s substantial discounting of debtor’s assets is based on mistaken assumption and incompatible with going-concern valuation.
Burtch v. Opus, LLC (In re Opus East, LLC) (I)
PDF, Size: 263 KB

See Also

Bankruptcy Court’s Going-Concern Valuation Weathers Appeal

Legal and Court Case Update
August 2016

In Chapter 7 case, Bankruptcy Court finds trustee expert’s liquidation valuation fails to meet insolvency tests; court says expert’s substantial discounting of debtor’s assets is based on mistaken assumption and incompatible with going-concern valuation.

This article also appears in:
Business Valuation & Bankruptcy Compendium, Third Edition
BVR Guide to Management Projections and Business Valuation: Analysis and Case Law