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Misunderstanding of Facts Results in Overvaluation of Fuel Supply Rights

Debtor’s fuel supply rights had value either in form of an implied contract, customer relationship, or simply an income stream, court says; court does not assign specific value but finds appraiser overstated its value due to misunderstanding of key facts.

Misunderstanding of Facts Results in Overvaluation of Fuel Supply Rights

Debtor’s fuel supply rights had value either in form of an implied contract, customer relationship, or simply an income stream, court says; court does not assign specific value but finds appraiser overstated its value due to misunderstanding of key facts.

r2 Advisors, LLC v. Equitable Oil Purchasing Co. (In re Red Eagle Oil, Inc.)

Debtor’s fuel supply rights had value either in form of an implied contract, customer relationship, or simply an income stream, court says; court does not assign specific value but finds appraiser overstated its value due to misunderstanding of key facts.

Expert Prevails by Documenting Adherence to Valuation Standards

In fraud case, court rejects Daubert challenge, finding expert sufficiently identified assumptions and estimates she relied on and properly re-created subject company’s financial situation based on AICPA standards and authoritative valuation treatises.

Expert Prevails by Documenting Adherence to Valuation Standards

In fraud case, court rejects Daubert challenge, finding expert sufficiently identified assumptions and estimates she relied on and properly re-created subject company’s financial situation based on AICPA standards and authoritative valuation treatises.

MSKP Oak Grove, LLC v. Venuto

In fraud case, court rejects Daubert challenge, finding expert sufficiently identified assumptions and estimates she relied on and properly re-created subject company’s financial situation based on AICPA standards and authoritative valuation treatises.

‘Reasonably Equivalent Value’ Analysis Meets FMV Standard, Court Says

On remand, Bankruptcy Court determines sale of plaintiff’s subsidiaries to defendants yielded “reasonably equivalent value” when viewed from objective creditor’s perspective, under FMV standard and without considering debtor’s subjective needs or beliefs.

In re Mercury Companies, Inc. (II)

On remand, Bankruptcy Court determines sale of plaintiff’s subsidiaries to defendants yielded “reasonably equivalent value” when viewed from objective creditor’s perspective, under FMV standard and without considering debtor’s subjective needs or beliefs.

‘Reasonably Equivalent Value’ Analysis Is Not a Dollars-and-Cents Issue

For reasonably equivalent value determination, Bankruptcy Court finds contract price and values from experts’ discounted cash flow analyses are too limiting and applies totality of circumstances test, concluding stock transfer is not avoidable.

In re Mercury Companies, Inc. (I)

For reasonably equivalent value determination, Bankruptcy Court finds contract price and values from experts’ discounted cash flow analyses are too limiting and applies totality of circumstances test, concluding stock transfer is not avoidable.

Trustee Claims Bankruptcy Court Flouted Valuation Rules

District court affirms bankruptcy court’s valuation of hospital under income approach and finds its treating a $20.6 million capital transfer as surplus rather than a necessary asset for operations is not double counting and is reasonable under the facts ...

Alberts v. HCA, Inc.

District court affirms bankruptcy court’s valuation of hospital under income approach and finds its treating a $20.6 million capital transfer as surplus rather than a necessary asset for operations is not double counting and is reasonable under the facts ...

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.

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