In re Mercury Companies, Inc. (I)

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March 31, 2014

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bankruptcy
discounted cash flow (DCF), fraudulent transfer, reasonably equivalent value, bankruptcy code
In re Mercury Companies, Inc. (I)
2014 Bank. LEXIS 1230
US
Federal Court
Colorado
United States Bankruptcy Court
Neil H. Demchick (plaintiff); Scott P. Peltz (defendant)
Romero

Summary

For reasonably equivalent value determination, Bankruptcy Court finds contract price and values from experts’ discounted cash flow analyses are too limiting and applies totality of circumstances test, concluding stock transfer is not avoidable.
Mercury Companies, Inc. v. FNF Security Acquisition, Inc. (In re Mercury Companies, Inc.)
PDF, Size: 121 KB

See Also

‘Reasonably Equivalent Value’ Analysis Is Not a Dollars-and-Cents Issue

Legal and Court Case Update
July 2014

For reasonably equivalent value determination, Bankruptcy Court finds contract price and values from experts’ discounted cash flow analyses are too limiting and applies totality of circumstances test, concluding stock transfer is not avoidable.

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