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In re Oglesby

The common issue in these two cases is setting appropriate interest rates to establish present value in "cram down" situations.

Court Affirms Discounts and Hypothetical Capital Gains Taxes

In a motion before the bankruptcy court, Chapter 7 trustee, Gloria Satriale , sought leave to sell debtor's 50% interest in a mushroom composting company to debtor's brother, James Frezzo, who also had a 50% interest in the company, known as Frezzo Brothers.

In re Frezzo

At issue is the fair value of the Debtor's fifty percent (50%) shareholder interest in a corporate mushroom composting business known as Frezzo Brothers, Inc.

Bankruptcy Court Erred in Undervaluing Appellant's Collateral

Debtors Peter and Un Kim filed a Chapter 13 bankruptcy plan treating appellant Ardmor Vending Co. dba Great Northern as partially secured ($34,000) and the Ardmor Profit Sharing Plan as wholly unsecured.

Ardmor Vending v. Kim

At issue is the method of valuation of appellants' collateral, given their security interests in both the equipment and the lease of the Kims' dry cleaning business.

Company Withholds Data From Minority Owner; Court Rejects Control Stockholder's Valuation

The issue is whether or not to approve a compromise and settlement that the debtor, Sidney Spielfogel, opposes.

More Court Cases ... Bankruptcy: Makula

On his Chapter 7 bankruptcy petition, John Makula valued his 67 partnership units in Thomas Havey & Co., an Illinois accounting partnership, at a total of $67,000.

Court Determines Feasibility Requirements Not Met

The charge of the Bankruptcy Court was to determine whether the requirements for confirmation of a Chapter 13 personal bankruptcy reorganization were met, or whether the Chapter 7 liquidation case should be reopened.

Makula v. Sanwa Business Credit Corp.

At issue is the admittance of expert testimony.

In re Spielfogel

At issue is the valuation of Bambu, which imports and distributes cigarette rolling paper throughout the world.

Nesser v. Boston Restaurants

At issue is the valuation of debtor's fifty percent interest in Boston Restaurants.

More Cases ... Bankruptcy Expert Fees: UDC Homes

The court ruled that reimbursement of expenses in Chapter 11 cases can be based upon a restructuring fee concept, such as compensation on the basis of a percentage of certain financial benchmarks relating to the resulting transaction.

In re UDC Homes

At issue is the approval of compensation and reimbursement of expenses.

Ex-Wife, Creditors Allege Husband Knew Dental Practices Had Substantial Value When He Filed Bankruptcy

In bankruptcy proceedings, debtor listed "unknown" as the value of his dental practices.

Largest Creditor Holds Up Debtor's Reorganization Plan a Year After Filing

Debtor is in a conflict with its largest creditor over confirmation of a plan of reorganization a year after filing. The Court states: "While we are not prepared to conclude t ...

In re Colonial Realty Company; Hirsch v. Steinberg (I)

At issue is reconsideration and reinstatement of a claim.

In re Dawes

At issue is the valuation of the equity holder's interest in the debtor's company.

Trustee Charges Directors, Financial Advisors, Others in Failed LBO

In this action, the Chapter 7 bankruptcy trustee brings the complaint against "65 defendants and the entire class of selling stockholders, virtually anyone who had anything to do with the LBO … defendants are the buyer, financing banks, debenture holders, directors, officers, controlling shareholders, financial advisors, lawyers and accountants."

Personal Goodwill Deemed Corporate Asset in Chapter 11 Bankruptcy Reorganization

Dr. Prince operated his orthodontics practice as a wholly owned professional corporation.

In re Parnes

At issue is the valuation of debtor's dental practice.

In re Prince

At issue is the equity value of Dr. Prince's stock in his orthodontics corporation.

Healthco International v. Hicks, Muse & Co.

At issue are the fiduciary obligations of directors and controlling shareholders, breach of contract, negligence, gross negligence and bad faith.

Should Lease Obligation Be Deducted From Value?

In an action for bankruptcy debtor Raymond Lyall, an architect, testified and produced an analysis valuing his 100% stock ownership in Lyall Design Inc. a professional corporation, at $1,558.41.

Monticello Arcade v. Lyall

At issue is whether the bankruptcy court accurately valued Debtor's 100% stock interest in Lyall Design, Inc.

In re PieceGoods Shops Co.

At issue was the reasonableness of the equity value determined and whether it met the “best interests” test.

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