Intrinsic Value Review Precludes Inclusion of Fractional Discounts
The appellate court finds that, performing the requisite intrinsic value review, the circuit court properly declined to include in its analysis any discounts the husband’s expert proposed to account for his fractional interest in companies owning hotels ...
In Re: LMR, LLC
In Chapter 11 proceeding, Bankruptcy Court approves debtor hotel owner’s reorganization plan over objection of creditor that holds both secured and unsecured claims; applying the “Till formula approach,” the court decides the plan’s proposed 6% “cramdown”
Patel v. Patel
The appellate court finds that, performing the requisite intrinsic value review, the circuit court properly declined to include in its analysis any discounts the husband’s expert proposed to account for his fractional interest in companies owning hotels ...
25-Year Battle Over Hard Rock Turns on Value of IP Assets
Court affirms value of Hard Rock Cafe IP assets based on testimony by the brand’s owner/entrepreneur rather than his two IP experts.
Okun v. Morton
Court affirms value of Hard Rock Cafe IP assets based on testimony by the brand’s owner/entrepreneur rather than his two IP experts.
Bankruptcy Court Prefers Adjusted Balance Sheet Test, Including FMV of Brand License
Bankruptcy court rejects “equitable solvency test” for gaming resort debtors, finding that adjusted balance sheet test, as supported by expert evidence, was the preferred test.
In re Premier Entertainment Biloxi LLC
Bankruptcy court rejects “equitable solvency test” for gaming resort debtors, finding that adjusted balance sheet test, as supported by expert evidence, was the preferred test.
Competing Valuations of Trump Casinos Determine Fate, Feasibility of Restructuring
Bankruptcy court considers key valuation evidence—including total enterprise value, cost of debt, debt service capacity, and capex/EBITDA proections—in confirmation of reorganization plan for Trump casinos.
In the Matter of TCI 2 Holdings, LLC
Bankruptcy court considers key valuation evidence—including total enterprise value, cost of debt, debt service capacity, and capex/EBITDA proections—in confirmation of reorganization plan for Trump casinos.
‘Splitting the Difference’ Is Not an Acceptable Valuation Method in Divorce
“Splitting the difference” between two disparate appraisals is not an acceptable valuation method in divorce.
Tax Consequences of Future Liquidation Not Considered
The Iowa Court of Appeals affirmed the lower court’s decision not to consider tax consequences of a future liquidation of a corporation because the tax liability would not arise as a result of the property division nor was it otherwise reasonably certain ...
In Re The Marriage of Robert E. Peterson v. Rhonda L. Peterson
The Iowa Court of Appeals affirmed the lower court’s decision not to consider tax consequences of a future liquidation of a corporation because the tax liability would not arise as a result of the property division nor was it otherwise reasonably certain ...
Augoshe v. Lehman
"Splitting the difference" between two disparate appraisals is not an acceptable valuation method in divorce.
Smith v Harrah's
On December 10, 2003, Shaun Smith got in his father’s truck—a 2002 F350 diesel-engine truck, with two front wheels and four rear wheels—and drove to Harrah’s casino in New Orleans. Over the course of an hour, he lost all of his money ($300–400) playing b ...
Bullet Land, Inc. v. Thal
Buy-sell agreement is not an enforceable arbitration clause, unless the agreement is specific on this point.
Contested Valuation of One Asset Is Moot Where All Transferred Assets Provide Reasonably Equivalent Value
One of the issues in this Chapter 11 bankruptcy case was whether James Jumer, as principal stockholder of the debtor corporation, Jumer’s Castle Lodge (JCL), had caused JCL to fraudulently transfer assets.
In re Jumer's Castle Lodge, Inc.
One of the issues in this Chapter 11 bankruptcy case was whether James Jumer, as principal stockholder of the debtor corporation, Jumer's Castle Lodge (JCL), had caused JCL to fraudulently transfer assets.
Maingate Hotel Company, Inc. v. Zaby's LP
The California Court of Appeals, 4th District, upheld a jury’s award of lost profits to Maingate after Zaby’s breached the property lease intended for hotel development.
Elizabeth Anne Burnham-Steptoe v. Geoffrey Johnathan Steptoe
The Mississippi Court of Appeals affirmed the lower court's decision to deduct an amount for the business owner-spouse's compensation when valuing the business for equitable distribution purposes. It rejected the wife's argument that the owner's compensa ...
Salary Should Be Considered When Valuing a Key Employee Business
The Mississippi Court of Appeals affirmed the lower court's decision to deduct an amount for the business owner-spouse's compensation when valuing the business for equitable distribution purposes.
Camino, Inc. v. Wilda Wilson
At issue is the meaning of "fair value" and the determination of the fair value of Wilson family's stock in Camino.
In re Resorts International
At issue are the appraisal rights of the shareholder after a merger.
In re Resorts International
The District Court reversed a Bankruptcy Court order that awarded Resorts International full restitution for a loss resulting from a stock transaction.
Hawaii Prince Hotel Waikkiki Corporation v. City and County of Honolulu
The Hawaii Supreme Court reversed the real property valuation of a hotel's golf course. The court noted that golf courses are valued at their actual use. It agreed with the city's assessment using the cost approach. It rejected the valuation of the taxpa ...
Golf Course Valued Using the Cost Approach
The Hawaii Supreme Court reversed the real property valuation of a hotel's golf course.