Report Is Inadmissible Where Purported Valuator Is Not Certified, Uses Incorrect Methodology, and Does No Independent Analysis

Business Valuation UpdateVol. 12 No. 1
Legal and Court Case Update
January 2006
8082 Home Health Care Services
621610 Home Health Care Services

In re Med Diversified, Inc. (II)
2006 Bankr. LEXIS 1677
August 2, 2006
Federal Court
New York
United States Bankruptcy Court
Ellen Wheeler
Robert Cimasi (plaintiffs)


In a case of first impression in a bankruptcy adversary proceeding, the narrow issue was whether Scott P. Peltz, the proposed business valuation expert witness for Addus Healthcare Inc. (Addus), was qualified and whether his purported expertise satisfied the standards of relevance and reliability under Daubert.

See Also

In re Med Diversified, Inc. (II)

Bankruptcy court excludes expert business valuation report for “pervasive bias,” but also reveals possible bias against BV profession as a whole.