In re Boston Generating
Court authorizes $1.1 billion asset sale of the debtors, despite DCF by lenders’ expert that shows $13.8 billion value.
Expert insights on valuation and bankruptcy
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In re Greater Southeast Community Hospital Corp. (II)
Bankruptcy Court conducts extensive valuation findings of hospital in fraudulent transfer case.
Business Valuation Cases in Brief
Business Valuation Cases in Brief by John J. Stockdale, Jr., JD Estate Valuations In the Estate of Farnam v. CIR, 130 T.C. No. 2 (February 4, 2008), the U.S. Tax Court concluded that loans made to a family business may not be aggregated with equity interests in that business in order to satisfy the 50% ‘‘interest’’ requirement needed to qualify for the family-owned business tax exemption. The court con- cluded that interest as used in ...
American Classic Voyages Co. v. JP Morgan Chase Bank (In re American Classic Voyages Co.) (I)
Insolvency valuation relies on credibility of pre-9/11 projections and also credibility of experts.
In re Greater Southeast Community Hospital Corp. (I)
BV expert challenged under Daubert for reliance on third-party appraisals.
If Bankruptcy Is Not 'Clearly Imminent,' Corporation Must Be Valued on a Going-Concern Basis
In June 1999, Hechinger Co. and its affiliates (Hechinger) filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code.
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 Hechinger Investment Company of Delaware
In June 1999, Hechinger Co. and its affiliates (Hechinger) filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code.
Valuation Results in $2.7 Million Disgorgement
The valuation issue in this bankruptcy case focused on the value of a limited liability company.
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.
In Re McCook Metals v. Lynch
The valuation issue in this bankruptcy case focused on the value of a limited liability company.
Valuation Is Irrelevant to Establish Knowledge by Stranger to Indenture of Its Breach
The issue in this case was whether an acquired company was worth more or less than a loan amount an indenture’s negative pledge covered.
Software Company Value Based on Value of Wholly-Owned Subsidiary Only
One issue in this Chapter 11 bankruptcy case was the value of debtor’s software company, Alta+Cast LLC.
Book Value in Financial Statements Not Materially False Though Company Has No Market Value
One issue in this bankruptcy case was whether the debtor mislead the surety by listing book value of his construction business, Bartomeli Co., in unaudited financial statements.
In re Hechinger Investment Company of Delaware, Inc.
Claim for equitable lien denied on the basis that the creditor (Chase) negotiated a loan in good faith without knowledge of the negative pledge against the company (Builder's Square).
In re Alta+Cast LLC
At issue was the valuation of debtor's software corporation in Chapter 11 banckruptcy.
Premise of Value Issue in Bankruptcy
The issue in this Chapter 11 bankruptcy is whether the secured creditors would receive more under a liquidation of the debtors’ businesses under Chapter 7 than they would under the Chapter 11 plan.
In re Bartomeli
Debtor's intent to deceive not established because creditor was aware of a separate judgement prior to issuing bonds to debtor. Market value compared to book value.
In re Lason, Inc.
At issue in this case is whether or not the asset in question can be valued as a going concern at fair market value.
Valuation 'Experts' Excluded as Unreliable Based on Numerous Errors in Methodology and Inability to Explain Conclusions
In this bankruptcy adversary proceeding, the trustees as plaintiffs sought to prove that the defendants—Bairnco Corp., Keene Corp., and the individual managers of the companies—had engaged in a series of fraudulent conveyances among subsidiaries to protect assets from the reach of asbestos claimants.