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ABI Journal

Valuation

Fifth Circuit Adopts Flexible Timing for Section 1111(b) Cramdown Valuation

Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.

5th Circuit

The Earnout Provision: A Tool for Mitigation, or a Path to Litigation?

May 2018

Bankruptcy Code
2004
Topic Tags
Automatic Stay
Claims
Bankruptcy Litigation
Creditors' Committee
Financial Advisors
Plan Confirmation
Valuation
Business Reorganization
Finance and Banking
Investment Banking

Eye of the Evaluator: The Role of Contingent Liabilities in an Insolvency Analysis

April 2018

Bankruptcy Code
101
Topic Tags
Financial Advisors
Valuation

Valuation Analysis of Related-Party Transactions

March 2018

Topic Tags
Bankruptcy Litigation
Fraudulent Transfers
Valuation
Finance and Banking
International Insolvency

Doubting the Indubitable: Can a Partial "Dirt for Debt" Plan Supported by a Contested Appraisal Constitute Indubitable Equivalent of a Secured Claim?

March 2018

Bankruptcy Code
1129
Topic Tags
Plan Confirmation
Valuation
Business Reorganization
Real Estate

Update: The Justices May Hear Another Bankruptcy Case, but Not Sunnyslope

Odds have risen that the high court will decide whether an oral statement about one asset is a statement of ‘financial condition’ that must be in writing.

Supreme Court

Odds Rise for a Supreme Court Ruling on Valuation Standard for Chapter 11 Cramdown

Professors and former judges urge Supreme Court to review Sunnyslope.

Supreme Court

Circuits Split on Appellate Standard for Finding of ‘Indubitable Equivalent’

Equitable defenses can bar payment of interest on a fully secured claim, Fourth Circuit holds.

4th Circuit

Debtor Warns Supreme Court to Avoid Sunnyslope and Another Valuation Controversy

There is no circuit split interpreting the Rash mandate to employ replacement value, debtor argues.

Supreme Court

Second Circuit Sets Interest Rate Standard and Denies Make-Whole in Momentive Cramdown Plan

Jan 2018

Bankruptcy Code
1129
Topic Tags
Valuation
Business Reorganization
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