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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 ...

K.B.R. v. E.P.R.

Trial court accepts value of lending corporation based on “weighted average collectability” of outstanding loans, adjusted downward for economic uncertainties and default status of loans.

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.

Statistical Study of Options Backdating Supports Opening the Company Books

In context of shareholder seeking access to company books, Delaware Chancery approves unique statistical methodology for testing whether stock option backdating has occurred.

Louisiana Municipal Police Employees' Retirement System v. Countrywide Financial Corp.

In context of shareholder seeking access to company books, Delaware Chancery approves unique statistical methodology for testing whether stock option backdating has occurred.

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.

Tax Court Increases Discount Rate on Remand

The original Tax Court opinion in this case was abstracted in the March 1998 issue of the Business Valuation Update, where a full recitation of the facts can be found.

Estate of Trompeter v. Commissioner (III)

The Tax Court, on remand from the Ninth Circuit, reconsidered and explained its present value methodology and discount rate applied when determining the fair market value of preferred stock. It adjusted the discount rate from 4%, accounting solely for the ...

Cavalier Oil v. William Harnett

At issue is the value of Harnett's EMSI stock pursuant to EMSI's merger with the plaintiff company.

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