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Creditors’ Valuation Spoils Diminution in Value Claim

Ruling on the adequate protection claim of junior secured noteholders (JSNs) in a complex bankruptcy proceeding, court finds JSNs failed to prove a diminution in the value of their cash collateral during case; flawed assumptions and inputs invalidate the ...

In re Residential Capital, LLC

Ruling on the adequate protection claim of junior secured noteholders (JSNs) in a complex bankruptcy proceeding, court finds JSNs failed to prove a diminution in the value of their cash collateral during case; flawed assumptions and inputs invalidate the ...

Bankruptcy Court Chooses Between Market or ‘Reasonable Valuation’ of Troubled Loans

Bankruptcy court approves DCF valuation of troubled loan portfolio as “commercially reasonable determinant of value” under Sec. 562 of the Code, concerning repurchase agreements.

In re American Home Mortgage Holdings, Inc.

Bankruptcy court approves DCF valuation of troubled loan portfolio as “commercially reasonable determinant of value” under Sec. 562 of the Code, concerning repurchase agreements.

Faced With a $1 Million Gap in Appraisals, Court Appoints Its Own Expert

Rejecting both parties’ expert reports, court appoints its own expert to determine value of dissociated partner’s interest from LLC, including applicability of discounts.

DeNike v. Cupo

Rejecting both parties’ expert reports, court appoints its own expert to determine value of dissociated partner’s interest from LLC, including applicability of discounts.

Trustcorp Mortgage co v Zajac

In this appeal, we must determine whether a mortgage lender may recover economic losses from an appraiser, in the absence of privity of contract, under the theory of negligent misrepresentation. Under the facts of this case, we answer in the negative.

Boettcher v. IMC

In this dissenter's rights case the issue was the fair value of the shares.

Trading Price on the Valuation Date Is Not the Fair Value of Public Stock

The Florida Court of Appeals, 2nd District, determined that the market price of publicly traded stock on the date prior to the shareholder vote was not the fair value of that stock in this dissenting shareholders’ appraisal action.

Distinction Between 50% and Minority Shareholder Immaterial

This is an appeal from the United States District Court for the Southern District of Texas, in which appellant Dan Hill sought to overrule the District Court's ruling that he should buy out appellee James Hollis' 50% interest in First Financial USA Inc. (FFUSA).

Hollis v. Hill

At issue is breach of fiduciary duty by the defendant for ordering a buy-out of the plaintiff's shares based on their corporation's value more than one year prior to the date of judgment.

Distinction Between 'Equal' and 'Minority' Immaterial

This is an appeal from the United States District Court for the Southern District of Texas, in which appellant Dan Hill sought to overrule the District Court's ruling that he should buy out appellee James Hollis' 50% interest in First Financial USA Inc. (FFUSA).

Valuation Date Is the Date of Filing

The 5th Circuit determined that, under Nevada corporate law, shareholders in a closely held company financial services company have a fiduciary duty to each other.

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