In re American Homepatient, Inc.
American HomePatient Inc. (AHP) entered into a credit agreement with certain of its secured lenders that included a warrant agreement that called for AHP to issue two series of warrants.
Valuation Results in $2.7 Million Disgorgement
The valuation issue in this bankruptcy case focused on the value of a limited liability company.
In re Jumer's Castle Lodge, Inc.
One of the issues in this Chapter 11 bankruptcy case was whether James Jumer, as principal stockholder of the debtor corporation, Jumer's Castle Lodge (JCL), had caused JCL to fraudulently transfer assets.
Too Many Adjustments Compromise Deloitte’s Valuation
The relevant valuation issue in this bankruptcy matter, in which the court confirmed the trustee’s modified plan, was the value of Coram Healthcare Corp. and Coram Inc. (the “Debtors”).
In Re McCook Metals v. Lynch
The valuation issue in this bankruptcy case focused on the value of a limited liability company.
In re Coram Healthcare Corp.
The relevant valuation issue in this bankruptcy matter, in which the court confirmed the trustee’s modified plan, was the value of Coram Healthcare Corp. and Coram Inc. (the “Debtors”).
Trans World Airlines, debtor v. Trans World Airlines Official Committee of Unsecured Creditors
At issue is the valuation of Trans World Airlines' assets and liabilities.
Valuation Is Irrelevant to Establish Knowledge by Stranger to Indenture of Its Breach
The issue in this case was whether an acquired company was worth more or less than a loan amount an indenture’s negative pledge covered.
In re Gregerson
At issue is the bankruptcy estate's interest in shares of stock in two corporations - Gregerson Farms, Inc. and Gregerson Trucking, Inc.
Software Company Value Based on Value of Wholly-Owned Subsidiary Only
One issue in this Chapter 11 bankruptcy case was the value of debtor’s software company, Alta+Cast LLC.
Book Value in Financial Statements Not Materially False Though Company Has No Market Value
One issue in this bankruptcy case was whether the debtor mislead the surety by listing book value of his construction business, Bartomeli Co., in unaudited financial statements.
2nd Circuit Affirms Application of Daubert in Fraudulent Conveyance Case
The U.S. Court of Appeals affirmed the district court’s decision to exclude Lippe’s valuation experts because their experts’ reports contained significant flaws that primarily related to the failure to explain assumptions involving the comparable company.
Lippe v. Bairnco Corp. (III)
The U.S. Court of Appeals affirmed the district court’s decision to exclude Lippe’s valuation experts because their experts’ reports contained significant flaws that primarily related to the failure to explain assumptions involving the comparable company.
In re Hechinger Investment Company of Delaware, Inc.
Claim for equitable lien denied on the basis that the creditor (Chase) negotiated a loan in good faith without knowledge of the negative pledge against the company (Builder's Square).
Par Value Valuation Ruled Invalid But Not Grounds for Denial of Discharge
Debtor David Keith Morris operated a residential construction business called Grand Lake Builders, which he later incorporated as Grand Lake Builders Inc. (GLBI). He also held an interest in Grand County Investments Inc. (GCI).
Inconsistent Legal Theory and Valuation Methods Cost Trustee Fraudulent Transfer
The issue in this bankruptcy adversary proceeding is whether certain payments the debtor made shortly before the filing of the petition were fraudulent transfers recoverable by the trustee for the benefit of all creditors.
In re Alta+Cast LLC
At issue was the valuation of debtor's software corporation in Chapter 11 banckruptcy.
Premise of Value Issue in Bankruptcy
The issue in this Chapter 11 bankruptcy is whether the secured creditors would receive more under a liquidation of the debtors’ businesses under Chapter 7 than they would under the Chapter 11 plan.
In re Bartomeli
Debtor's intent to deceive not established because creditor was aware of a separate judgement prior to issuing bonds to debtor. Market value compared to book value.
Crane v. Morris (In re Morris)
The issue before the court is whether David Keith Morris ("Debtor" or "Morris") should be granted a discharge in his underlying bankruptcy case.
Pereira v. Dow Chem. Co. (In re Trace Int’l Holdings, Inc.)
This case raises the novel application of judicial estoppel to inconsistent positions, both of which the plaintiff took successfully in an earlier action against different parties.
In re Lason, Inc.
At issue in this case is whether or not the asset in question can be valued as a going concern at fair market value.
Acceptance of Lower Valuation Based on Declining Profits Upheld
Defendant Taylor was plaintiff Mungo's attorney in her divorce. The divorce settlement agreement included the marital estate's interest in CLP Group Inc.
Case Update—Lippe v. Bairnco Corp
Follow exclusion of plaintiffs' witnesses (see May 2003 BVU), the court denied plaintiffs' motion to substitute a new valuation expert or submit a supplemental expert report, finding that defendants would be severely prejudiced.
Valuation 'Experts' Excluded as Unreliable Based on Numerous Errors in Methodology and Inability to Explain Conclusions
In this bankruptcy adversary proceeding, the trustees as plaintiffs sought to prove that the defendants—Bairnco Corp., Keene Corp., and the individual managers of the companies—had engaged in a series of fraudulent conveyances among subsidiaries to protect assets from the reach of asbestos claimants.