B.M. v. R.C.
The husband did not engage a valuation of his business, but the wife did. Her valuation expert arrived at a range of values, explaining that he lacked some information and that the information he did have regarding the financial status of the business did not reconcile. As a result, he set a range of values and determined that a range was the most appropriate way to determine the value. The trial court took an average of the range to determine the value for purposes of the marital estate. The supreme court affirmed the lower court decision to average the values.
The Supreme Court of Alaska Affirms the Use of a Range of Value to Determine the Value of a Business
The husband did not engage a valuation of his business, but the wife did. Her valuation expert arrived at a range of values, explaining that he lacked some information and that the information he did have regarding the financial status of the business did not reconcile. As a result, he set a range of values and determined that a range was the most appropriate way to determine the value. The trial court took an average of the range to determine the value for purposes of the marital estate. The supreme court affirmed the lower court decision to average the values.
Prudent Investor Method Used to Value Unfunded Pension Benefits Claim
CF & I Fabricators of Utah Inc. filed for Chapter 11 bankruptcy and Pension Benefits Guaranty Corp. seeks, among other things, payment for unfunded benefit liabilities accruing because of the lack of assets in the benefit plan.
Pension Benefits Guaranty Corp. v. CF&I Fabricators (In re: CF&I Fabricators)
Parties disagree as to the method that should be employed to determine the present value of future payments because of two ERISA provisions.