Bankruptcy Court’s Going-Concern Valuation Weathers Appeal

Business Valuation UpdateVol. 22 No. 8
Legal and Court Case Update
August 2016
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
March 23, 2015
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.

See Also

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

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.