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Bankruptcy Court Cannot Just ‘Split the Difference’ in Divergent Discount Rates

Bankruptcy court errs in applying discount rate and rental rates when valuing improvements to leased airport space under discounted cash flow method.

United Airlines, Inc. v. Regional Airports Improvement Corp.

Bankruptcy court errs in applying discount rate and rental rates when valuing improvements to leased airport space under discounted cash flow method.

Fair Valuation Clarified for Bankruptcy Purposes

The U.S Court of Appeals for the 3rd Circuit considered the definition of "fair valuation" under the bankruptcy code in TWA's attempt to recover a payment as a preferential transfer.

Failure to Conduct Reasonable Due Diligence Investigation Dooms ESOP Valuation

The issue in this ESOP case was whether or not the transaction that provided the ESOP with its initial stock interest in the company was a prohibited transaction and, if so, whether it qualified under the adequate consideration exception by ERISA.

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.

Henry v. Champlain Enterprises, Inc. (II)

In this ESOP case the issue was the valuation of the business.In this ESOP case the issue was the valuation of the business.In this ESOP case the issue was the valuation of the business.

Motion to Exclude Banker Using DCF Method Denied

Participants in CommutAir’s Employee Stock Ownership Plan brought this ESOP litigation alleging numerous claims of breach of fiduciary duty by the trustee and others involved in the ESOP.

The Globe Savings Bank F.S.B. v. The United States

The U.S. Court of Federal Claims considered the government’s motions for summary judgment with regard to Globe’s damages estimates, the liability for which occurred as a result of the passage of the Financial Institutions Reform, Recovery and Enactment Ac ...

Lost Profits Calculations Overcome, but Cost of Replacement Capital Calculations Succumbs to Government’s Motion for Summary Judgment

The U.S. Court of Federal Claims considered the government’s motions for summary judgment with regard to Globe’s damages estimates, the liability for which occurred as a result of the passage of the Financial Institutions Reform, Recovery and Enactment Act.

Henry v. Champlain Enterprises, Inc. (I)

In this case, a purchase for the ESOP was valued incorrectly, the IRS determining that the valuation did not take into consideration the lack of marketability due to the remaining shares ...

Allenson v. Midway Airlines Corp.

At issue is whether the concessions are an "element of value" that may be considered in determining the corporation's statutory fair value on the date of the merger.

Concessions Under Merger Agreement Not Elements of Fair Value

The sole issue in this dissenting shareholder suit under the Delaware appraisal statute was whether certain concessions made under a cash-out merger agreement were "elements of value" to be considered in determining the corporation's statutory fair value.

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