Lippe v. Bairnco Corp. (I)
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.
Bankruptcy Court Indicates Strong Preference for Market Approach, Price Per Subscriber Multiple
This trial court matter involves an adversarial proceeding in bankruptcy in which the liquidating trustee asserts that USN Communications,Inc.'s ("the debtor") purchase of Connecticut Telephone and Connecticut Mobilecom (CT Tel) stock from the Hatten sellers for $68 million was a fraudulent transfer.
Intangible asset and intellectual property valuation in bankruptcy - part 2 of 2
This article is excerpted from a longer paper (available at BVLibrary.com ) that presents a four-step process to valuing and disposing of intellectual property and intangible assets in a bankruptcy ...
Kool, Mann, Coffee & Co., et al. v. L. Coleman Coffey, et al.
The U.S. Court of Appeals for the 3rd Circuit recalculated the bankruptcy court’s valuation of a marina and houseboat rental business.
Intangible asset and intellectual property valuation in bankruptcy - part 1 of 2
This article is excerpted from a longer paper that presents a four-step process to valuing and disposing of intellectual property and intangible assets in a bankruptcy environment. It focuses on the v ...
Peltz v. Hatten
Adversarial proceeding in bankruptcy in which the liquidating trustee asserts fraudulent transfer of stock.
Distinguishing and measuring personal goodwill in a litigation setting Part 2 of 2 parts
We have published this article on personal goodwill in two parts. The first part of the article, printed in the July 2001 BVU, gave a background on recent court cases that involved and distinguished b ...
Ignoring non-compete and/or employment agreements often causes overvaluations
An important adjustment that many business appraisers, attorneys, and courts often overlook is the deduction of the value of a non-compete agreement and/or employment agreement in reaching a conclusio ...
National CLE Conference addresses valuation issues
From Jan. 3-15, 2000, Law Education Institute held its annual National CLE Conference in Vail, Colorado. The general focus of the conference was to address the basics of various areas of law, incl ...
Marketability discounts frequently a big money appraisal controversy
The applicability and/or magnitude of discounts for lack of marketability often are a large, if not the largest, money issue in a disputed business valuation. Lawyers should know enough about marketability discounts to make at least a preliminary judgment about their own and the opposing expert's justification as to the applicability or lack if it, and if applicable, justification as to the magnitude.
Bankruptcy Court Determines Fair Market Value Under Pennsylvania Judgment—Court Details Claimant's Expert's Valuation Shortcomings
The issue in this bankruptcy court proceeding is the appropriate valuation of 4,500 shares of stock of Quality Systems Associates Inc. (QSA).
Business valuation expert can make or break case; How to locate and evaluate qualified business appraisers
Recognition and use of professional business appraisers has risen dramatically in recent years. This is partly due to the educational programs of professional appraisal organizations and partly due to ...
In re Robert E. Mahoney, Jr. Debtor
At issue is the fair market value of 4,500 shares of Quality Systems Associates Inc.
In re Zenith Electronics Corporation, Debtor
At issue are the approval of Zenith's Disclosure Statement and confirmation of Pre-Packaged Plan of Reorganization, including the valuation of Zenith.
Who can touch personal intangibles?
"Separating Entity From Personal Intangible Assets," Pratt, Shannon P., Valuation Strategies , May/June 1999, pp. 4-9. If valuing intangible assets is a difficult undertaking, determining the own ...
How to lose a million dollars in medical practices
In early 1998, Rick Holdren of RH+ Medical Group , a leading medical practice appraisal and brokerage firm in Houston, Texas, was contacted by Robert Strange , Chairman and Chief Executive of Phy ...
Prudent Investor Method Used to Value Unfunded Pension Benefits Claim
CF & I Fabricators of Utah Inc. filed for Chapter 11 bankruptcy and Pension Benefits Guaranty Corp. seeks, among other things, payment for unfunded benefit liabilities accruing because of the lack of assets in the benefit plan.
Market Rate of Interest Appropriate in 'Cram-Down' Case
The key issue in this case is setting the appropriate interest rate to establish present value in a "cram down" situation under 11 U.S.C. 1325(a)(5)(B).
Bankruptcy Reorganization Uses Market Rates of Interest
The common issue in these two cases is setting appropriate interest rates to establish present value in "cram down" situations.
In re Glueck
The key issue in this case is setting the appropriate interest rate to establish present value in a "cram down" situation under 11 U.S.C. 1325(a)(5)(B).
Pension Benefits Guaranty Corp. v. CF&I Fabricators (In re: CF&I Fabricators)
Parties disagree as to the method that should be employed to determine the present value of future payments because of two ERISA provisions.
In re Oglesby
The common issue in these two cases is setting appropriate interest rates to establish present value in "cram down" situations.
Company Withholds Data From Minority Owner; Court Rejects Control Stockholder's Valuation
The issue is whether or not to approve a compromise and settlement that the debtor, Sidney Spielfogel, opposes.
More Court Cases ... Bankruptcy: Makula
On his Chapter 7 bankruptcy petition, John Makula valued his 67 partnership units in Thomas Havey & Co., an Illinois accounting partnership, at a total of $67,000.
Court Determines Feasibility Requirements Not Met
The charge of the Bankruptcy Court was to determine whether the requirements for confirmation of a Chapter 13 personal bankruptcy reorganization were met, or whether the Chapter 7 liquidation case should be reopened.