Solvency opinion based on management projections faces Daubert challenge
In a bankruptcy-cum-Daubert case that turned on solvency, a court recently rejected both parties’ claims that the opposing financial expert testimony was inadmissible.
New ‘Subchapter V’ bankruptcies gain steam
Valuations have always been a crucial element in bankruptcies.
BVU News and Trends July 2020
A monthly roundup of key developments of interest to business valuation experts.
Experts Need Not Be ‘Blue-Ribbon Practitioners’ to Meet Rule 702 Qualification Requirement
In bankruptcy dispute, court rejects parties’ Daubert challenge to opposing expert testimony; defense expert did not blindly rely on management projections for capital adequacy and balance sheet tests, and plaintiff’s expert did not use hindsight to find debtor was insolvent on fund transfer dates.
Official Committee of Unsecured Creditors v. Calpers Corp. Partners, LLC
In bankruptcy dispute, court rejects parties’ Daubert challenge to opposing expert testimony; defense expert did not blindly rely on management projections for capital adequacy and balance sheet tests, and plaintiff’s expert did not use hindsight to find debtor was insolvent on fund transfer dates.
AICPA issues FAQs on valuing distressed or impaired businesses
Strong companies may see the current pandemic as an opportunity to fortify their balance sheets and other assets, according to the AICPA’s FAQs on Valuation Considerations When Valuing Distressed or Impaired Businesses.
The Impact of COVID-19 on Restructuring, Insolvency & Impairment
The world of valuation has changed along with everything else. In this panel on the Impact of COVID-19 on Restructuring, Insolvency & Impairment, three experts will discuss the changing environment for valuation assignments. Craig Jacobson, Richard Peil, and Dan Korcyk each bring a unique perspective and will discuss three specific areas where valuation activity might increase due to the virtual shutdown of the U.S. economy. Finally, we will discuss topics related to performing valuations in ...
Valuing Distressed and Impaired Companies in the Time of Coronavirus
The Coronavirus Pandemic has created perhaps the most unusual economic downturn at least in our lifetimes and likely in the past 100 years. For Americans, the Pandemic stopped in its tracks one of the most explosive economic growth and expansion in many years, if ever. Overnight almost, businesses that were economically sound and growing were turned into distressed and impaired businesses. Jim Alerding will analyze the valuation perspective needed to value a distressed or impaired ...
Increased valuation work predicted as result of new restructuring regime
‘In both the UK and the EU there will soon be substantial changes to current insolvency legislation,’ says Marianne Tissier (Valuology) in a recent blog post.
EBA issues valuation handbook for bank resolutions
The European Banking Authority (EBA) has published the Handbook on Valuation for Purposes of Resolution, which is addressed to national and EU resolution authorities.
Trustee’s Attack on Merger Projections Fails to Resonate With Court
Court says trustee fails to show debtor was insolvent under any applicable financial condition tests; contemporaneous industry analysis and valuations by financing banks belie claim that management projections in support of merger were unreasonable.
Management projections take center stage in bankruptcy case
In a complex bankruptcy case involving players in the petrochemical industry, the court trained its eyes on the management projections underlying a merger that led to the formation of a company that went bankrupt only a year after the close of the transaction.
Trustee’s Attack on Merger Projections Fails to Resonate With Court
Court says trustee fails to show debtor was insolvent under any applicable financial condition tests; contemporaneous industry analysis and valuations by financing banks belie claim that management projections in support of merger were unreasonable.
Weisfelner v. Blavatnik (In re Lyondell Chem. Co.)
Court says trustee fails to show debtor was insolvent under any applicable financial condition tests; contemporaneous industry analysis and valuations by financing banks belie claim that management projections in support of merger were unreasonable.
‘Dramatic’ Valuation Adjustment Justifies Equity Committee
In a rare nod to shareholder concerns, Bankruptcy Court approves formation of equity committee based on “dramatic adjustment in valuation” and inconsistent management positions as to financial health of debtors pre-Chapter 11 and post-petition filing.
Debtors’ Balance Sheet Not Reliable Indicator of Assets’ Market Value
Court says debtors “appear to be hopelessly insolvent” and rejects shareholders’ call for equity committee; debtors’ prepetition published financials are not “dependable evidence” of assets’ fair market value, even if investors relied on balance sheets.
Debtors’ Balance Sheet Not Reliable Indicator of Assets’ Market Value
Court says debtors “appear to be hopelessly insolvent” and rejects shareholders’ call for equity committee; debtors’ prepetition published financials are not “dependable evidence” of assets’ fair market value, even if investors relied on balance sheets.
In re Sunedison, Inc.
Court says debtors “appear to be hopelessly insolvent” and rejects shareholders’ call for equity committee; debtors’ prepetition published financials are not “dependable evidence” of assets’ fair market value, even if investors relied on balance sheets.
‘Dramatic’ Valuation Adjustment Justifies Equity Committee
In a rare nod to shareholder concerns, Bankruptcy Court approves formation of equity committee based on “dramatic adjustment in valuation” and inconsistent management positions as to financial health of debtors pre-Chapter 11 and post-petition filing.
In re Horsehead Holding Corp.
In a rare nod to shareholder concerns, Bankruptcy Court approves formation of equity committee based on “dramatic adjustment in valuation” and inconsistent management positions as to financial health of debtors pre-Chapter 11 and post-petition filing.
Waller v. Pidgeon
Insolvency of hedge funds turns on book value versus "fair valuation" of debts.
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.
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.
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.
Union Bank of Switzerland v. Deutche Financial Services
The U.S. District Court for the Southern District of New York determined that insolvency opinions were admissible under Fed. R. Evid. 702, Daubert, and progeny in this breach of contract case.