Bankruptcy Court Decides on Debtor Qualification as a ‘Small Business’ Under Chapter 11

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

In re Hillman, 2023 In this bankruptcy, ULM challenged the filing by the debtor, Michelle Corbin Hillman, that  “the Debtor is ineligible to elect to proceed with her case under Subchapter V of Chapter 11  … because she is not a ‘person engaged in commercial or...

Maryland Court of Appeals Reverses Circuit Court Dismissal of an Oppression Claim — Finds There Could Be Disguised Dividend Issue

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

Mekhaya v. Eastland Food Corp. The circuit court erred in dismissing the claims of the appellant (Mekhaya) for shareholder  oppression, breach of fiduciary duty, and unjust enrichment against his former employer, Eastland Food Corp., and its board of directors....

Despite Rejection of Franchise Agreements in Bankruptcy, Debtor Remained Obligated Under Franchise Covenants Not to Compete

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

EllDan Corp. v. Steele (In re EllDan Corp.), 2023 The debtor, EllDan Corp., and Kevin Steele, the plaintiffs, contended that the covenants not  to compete contained in franchise agreements between the debtor and the franchise, Fantastic Sams Franchise Corp., were...

Utah Appellate Court Affirms Value of Husband’s Business, Which Excludes Personal Goodwill, But Disallows Reduction for Taxes on Hypothetical Sale

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

Rothwell v. Rothwell, 2023 The Court of Appeals of Utah considered several issues on the husband’s appeal from the  district court’s ruling concerning the couple’s dissolution of marriage. This digest will cover  the appellate court’s opinion regarding the valuation...

U.S. District Court (Colorado) Rules on Motions to Exclude Testimony of Expert Witnesses

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

City of Fort Collins v. Open Int’l, LLC, 2023  Before the U.S. District Court—Colorado are five motions to exclude certain witnesses by  both parties.   Facts “This is a breach-of-contract case arising from Defendants’ alleged failure to deliver  Open SmartFlex (OSF),...