Stock Valued as of Date of Petition in Bankruptcy Regardless of Potential Postpetition Appreciation
The issue in this bankruptcy matter was the proper date for valuing stock that the debtor claimed as exempt.
Lippe v. Bairnco Corp. (II)
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.
Mungo v. Taylor
Defendant Taylor was plaintiff Mungo's attorney in her divorce. Mungo objected to Taylor's proof of claim for attorney fees in her bankruptcy, alleging legal malpractice.
Experts' Testimony Scrutinized, Admitted Under Daubert; Court Uses Balance Sheet Test and Market Multiple Approach in Insolvency Analysis
This was an adversary proceeding related to the Chapter 11 bankruptcy of Joy Recovery Technology Corp.
Lippe v. Bairnco Corp. (I)
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.
Bankruptcy Court Indicates Strong Preference for Market Approach, Price Per Subscriber Multiple
This trial court matter involves an adversarial proceeding in bankruptcy in which the liquidating trustee asserts that USN Communications,Inc.'s ("the debtor") purchase of Connecticut Telephone and Connecticut Mobilecom (CT Tel) stock from the Hatten sellers for $68 million was a fraudulent transfer.
Tidwell v. Leskosky
At issue is the exemption of respondent's shares in several corporations.
Daley v. Chang
At issue is breach of fiduciary duty and the admittance of expert testimony.
In re Joy Recovery Tech. Corp.; Daley v. Chang
This was an adversary proceeding related to the Chapter 11 bankruptcy of Joy Recovery Technology Corp.
Summit Metals, Inc. v. Gray
Adversary Proceeding to rescind a transfer by The Chariot Group, Inc., a predecessor to Summit Metals, of its interest in its operating subsidiary, Energy Savings Products, Inc.
Discounted Cash Flow Method Used to Value Marina and Houseboat Rental Business
The U.S. Court of Appeals for the 3rd Circuit recalculated the bankruptcy court’s valuation of a marina and houseboat rental business.
Kool, Mann, Coffee & Co., et al. v. L. Coleman Coffey, et al.
The U.S. Court of Appeals for the 3rd Circuit recalculated the bankruptcy court’s valuation of a marina and houseboat rental business.
Peltz v. Hatten
Adversarial proceeding in bankruptcy in which the liquidating trustee asserts fraudulent transfer of stock.
Expert Testimony Using DCF Method to Determine Solvency Admissible
The relevant issue in this bankruptcy litigation matter was whether the bankruptcy court erred in permitting the expert testimony of Jeffrey Greene.
DMC Investment Corporation v. Pinecrest Investment Co., et al.
The Utah Supreme Court valued a 50% interest in a joint venture, holding a shopping mall, held by a limited partnership.
Value Equal to What Seller Accepted, Not What Buyer Offered
The Utah Supreme Court valued a 50% interest in a joint venture, holding a shopping mall, held by a limited partnership.
Business Enterprise Valuation Showing Solvency Precludes Fraudulent Transfer Claims
The issue in this Chapter 11 reorganization plan appeal involved the court-appointed examiner's assessment of Bruno's Inc.'s leveraged recapitalization.
8th Circuit Upholds Use of Preconfirmation Value
The bankruptcy court adopted a reorganization plan over the debtors' objection. The debtors appealed to the U.S. District Court, which upheld the bankruptcy court.
In re Westpointe, L.P.
The bankruptcy court adopted a reorganization plan over the debtors' objection.
Valley Vulcan Mold v. AMPCO
At issue is the admittance of expert testimony.
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.
Value of Noncompete Agreement Considered in Bankruptcy Case
The U.S. Court of Appeals for the 7th Circuit considered whether the sale of a company by its 100% shareholder was fair to the company. The company was sold at its asset value plus an amount for a noncompete agreement with the shareholder.
Joseph D. Olsen, Trustee of Huntley Ready Mix, Inc. v. Gary A. Floit
The U.S. Court of Appeals for the 7th Circuit considered whether the sale of a company by its 100% shareholder was fair to the company. The company was sold at its asset value plus an amount for a noncompete agreement with the shareholder.
Bankruptcy Court Determines Fair Market Value Under Pennsylvania Judgment—Court Details Claimant's Expert's Valuation Shortcomings
The issue in this bankruptcy court proceeding is the appropriate valuation of 4,500 shares of stock of Quality Systems Associates Inc. (QSA).
In re Brugger
254 B.R. 321 (Bankr. M.D. Pa. May 15, 2000). Judge Thomas.