Insolvency Expert Goes ‘Above and Beyond’ Balance Sheet Test
Bankruptcy expert goes “above and beyond” insolvency test to value major asset (municipal reimbursement/receivables) of troubled land development company.
ASARCO v. Americas Mining Corp. (I)
Fraudulent transfer claims in bankruptcy turn on multi-million dollar valuation of controlling interest in foreign mining company.
Insolvency of Hedge Funds Turns on Book Value Versus ‘Fair Valuation’ of Debts
Insolvency of hedge funds turns on book value versus "fair valuation" of debts.
Bankruptcy Court Conducts Extensive Valuation Findings of Hospital in Fraudulent Transfer Case
Bankruptcy Court conducts extensive valuation findings of hospital in fraudulent transfer case.
Lost Profits Turn on Risk-Free vs. Risk-Adjusted Discount Rates
Bankruptcy court examines forecasts of future performance, discount rates in determination of lost profits.
In re Houston Drywall, Inc.
Bankruptcy expert goes “above and beyond” insolvency test to value major asset (municipal reimbursement/receivables) of troubled land development company.
In re Reading Broadcasting, Inc.
A case dealing with the valuation of stock options for the determination of an unsecured claim in bankruptcy, which looks to and discusses expert testimony taken in a prior state law case.
In re Torch Offshore, Inc.
1 The C&D trial took place on February 11, 2008; the Hercules trial took place on March 6, 2008. Both C&D and Hercules were represented by the same attorney, and the same expert witnesses were used at the two trials. The same question of law was presented to the court in both cases, and so the court will issue one opinion for both cases, although the court will separately analyze the specific fact issues ...
Waller v. Pidgeon
Insolvency of hedge funds turns on book value versus "fair valuation" of debts.
Bankruptcy Courts ‘Required’ to Reject DCF Analysis When Market Cap Data Are Available?
Are bankruptcy courts "required" to reject a DCF analysis when market cap data are available?
In re Greater Southeast Community Hospital Corp. (II)
Bankruptcy Court conducts extensive valuation findings of hospital in fraudulent transfer case.
In re Magna Cum Latte, Inc.
Bankruptcy court examines forecasts of future performance, discount rates in determination of lost profits.
Proving Solvency When Internet Assets ‘Disappear Overnight’
How to prove solvency when internet company’s assets ‘disappear overnight’?
American Classic Voyages Co. v. JP Morgan Chase Bank (In re American Classic Voyages Co.) (II)
Are bankruptcy courts ‘required’ to reject a DCF analysis when market cap data is available?
EBC I, Inc. v. America Online, Inc.
How to prove solvency when internet company’s assets ‘disappear overnight ...
Bankruptcy Trustee’s Efforts to Go After Valuation Group Backfire
Bankruptcy Court discredits trustee’s valuation assumptions (growth rates, pricing multiple) as inconsistent and “seriously misguided” attempt to go after debtor’s valuation advisors.
Solvency Valuation Turns on Reliability of Pre-9/11 Projections
Insolvency valuation relies on credibility of pre-9/11 projections and also credibility of experts.
Accounting Method Trumps Valuation in ‘Clear Reflection of Income’ Case
Taxpayer’s fair market valuation of account receivables must “clearly reflect income” under accounting requirements of IRC §446(b).
Expert Valuations a ‘Sideshow’ Compared to Capital Pricing Markets
3rd Circuit upholds District Court finding that objective evidence from public equity market is superior to expert valuations.
Fair Valuation Clarified for Bankruptcy Purposes
The U.S Court of Appeals for the 3rd Circuit considered the definition of "fair valuation" under the bankruptcy code in TWA's attempt to recover a payment as a preferential transfer.
Fraud-Infected Hospital Merits ‘Tax Affecting,’ High Risk Premium, and More
Solvency valuation of fraud-riddled hospital warrants tax affecting, high company-specific risk, and more from Illinois bankruptcy court.
In re Nanovation Technologies, Inc
Bankruptcy Court discredits trustee’s valuation assumptions (growth rates, pricing multiple) as inconsistent and “seriously misguided” attempt to go after debtor’s valuation advisors.
Heilig Meyers Co. v. Internal Revenue Service
Taxpayer’s fair market valuation of account receivables must "clearly reflect income" under accounting requirements of IRC §446(b).
Lorraine v. Markel American Insurance Company
Federal bankruptcy court sets bar for admission of electronic evidence under the federal rules, including 11-factor checklist for laying proper foundation for ESI.
Experts Left ‘in the Dark’ by Deliberately Manipulated Management Projections
Management deliberately manipulates projections, without experts’ knowledge; court determines enterprise value nonetheless, adjusting and weighting reports.