The plaintiffs’ business was allegedly damaged by the actions of the defendant. The plaintiffs engaged an expert in economic damages and lost profits. The defendants engaged their own expert to provide his opinions as to why he believed the plaintiffs’ expert’s opinions were unreliable. The court ultimately excluded this portion of the defendants’ expert’s testimony.
View Case Digest View CaseIn re Dale A. Baker, Debtor
The Bankruptcy Court for the Northern District of Indiana declined to confirm a debtor-dentist's chapter 13 reorganization plan because the plan valued his practice at its liquidation value. Under the plan, the debtor would retain the practice and use its ...
In re Prince
At issue is the equity value of Dr. Prince's stock in his orthodontics corporation.
In re Harper
The valuation of a minority interest in a closely held family corporation was in question in this bankruptcy case.
In re Premier Entertainment Biloxi LLC
Bankruptcy court rejects “equitable solvency test” for gaming resort debtors, finding that adjusted balance sheet test, as supported by expert evidence, was the preferred test.
In re Young Broadcasting, Inc.
Bankruptcy court rejects expert’s “levered DCF” approach under Daubert, finding it untested, unreliable, and unused in any other court or commonly accepted valuation.
In re Breitburn Energy Partners LP
Court finds debtor is hopelessly insolvent; court values two types of oil and gas assets under NAV and precedent transaction analyses, respectively, finding, in terms of NAV analysis, debtor’s expert is more credible on issues of pricing, forecasting, risking, and predicting costs.
In re Washington Mutual, Inc.
Federal bankruptcy court criticizes debtors’ valuation of its proposed reorganization for being too low and plan objectors value for being too high, ultimately crediting the debtors’ more “complete” valuation, with adjustments.
In re Chemtura Corp. (I)
Bankruptcy court finds total enterprise value for large specialty chemical company based on DCF as well as comparable companies and transactions analysis.
Trahan v. Trahan
The issue was whether to include the estimated value of construction contracts that had not been completed as of the valuation date in value of corporation.
In re Oglesby
The common issue in these two cases is setting appropriate interest rates to establish present value in "cram down" situations.
In re Body Transit
Court finds creditor’s interest in debtor’s property is “inconsequential” and says a valuation of debtor’s fitness club must account for dismal state of fitness industry due to COVID-19 shutdown; debtor’s projections related to reorganization plan are too optimistic given economic uncertainty.
Sheldon Robbins, M.D. v. Salem Rdiology, et al.
The New Hampshire Supreme Court reversed the lower court's decision to value a voluntary withdrawing partner's interest under the Uniform Partnership Act. It found that while a voluntary departing partner's interest may be valued under the act absent agr ...
Hendrix v. Commissioner
Tax Court upholds defined value formula closes, defeating IRS challenges based on lack of arm’s length bargaining and contradiction with public policy.
Irving Rabinovitch Inc. v. Berkline Inc.
In Irving Rabinovitch Inc. v. Berkline Inc., 2004 QCCS 16824 (decided November 15, 2004), the Superior Court of Quebec determined damages suffered for wrongful termination of an agency agreement. Berkline Inc. manufactures motion furniture such as recline ...
In re PWS Holding Corporation
The 3rd Circuit affirmed an examiner's determination that debtors should be released from any fraudulent transfer claims arising from a leveraged recapitalization occurring two years before the bankruptcy.
In re Tribune Co.
Bankruptcy court declines to confirm competing reorganization plans for billion dollar publishing conglomerate, in part based on flawed valuations from both parties.
Ullman-Briggs v. Salton/Maxim Housewares
At issue is the admittance of expert testimony.
McCord v. Commissioner (I)
Business Valuation and Taxes: Procedure, Law and Perspective ...
Bennetti v. Oxford Restructuring Advisors LLC (In re Community Providers of Enrichment Services AZ Liquidating, Inc.)
Employee members of an ESOP had their claims against the debtors, based on cash option rights in an ESOP, denied. The debtors were not obligated to employees under the ESOP. The ESOP needed only to provide distributions in cash. There was no right of payment from the debtors. The U.S. Bankruptcy Appellate Panel for the 9th Circuit affirmed.
Herremans v. Fedo (In re Herremans)
This case involved a hotly contested battle over the fate of a Ponderosa restaurant in Michigan. The two owners, having had a falling out, pursued contentious litigation to wrest control of the restaurant from each other. Having no business valuation available to the court, the court was left with a real estate appraisal and limited evidence of assets and liabilities to determine the fair value of a 50% interest in the restaurant to be used in the buyout of one of the shareholders by the other shareholder.
Metro Tech Corp. v. TUV Rheinland of N.A.
Court limits damages to breach of contract to those that can be ascertained with reasonable certainty, and qualifies first-time lost profits plaintiff’s expert to testify re: same.
In re Boston Generating
Court authorizes $1.1 billion asset sale of the debtors, despite DCF by lenders’ expert that shows $13.8 billion value.
In re Chrysler LLC
Bankruptcy court authorized a preplan of reorganization sale of substantially all of the debtors’ assets based on evidence of fair value in exchange.
Hoensheid v. Comm’r (In re Estate of Hoensheid)
The taxpayers made a valid gift of stock, but they realized and recognized gain because their right to the proceeds from the sale occurred before the gift was made. They also were not entitled to a charitable contribution deduction because they did not procure a qualified appraisal. The taxpayers were not liable for an underpayment penalty.
Lupoli v. Zempsky
At issue is the settlement of valuation disputes by arbitration.