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In Buyout Dispute, ‘Downward Bias’ Sinks Expert’s Fair Value Determination

In Buyout Dispute, ‘Downward Bias’ Sinks Expert’s Fair Value Determination

by Royer Advisors | Dec 11, 2024 | Court Rulings

Ryan Trust v. Ryan  In a bitter buyout dispute involving a thriving private family business and featuring two veteran appraisers, the Nebraska Supreme Court recently affirmed the district court’s decision to unreservedly credit the valuation testimony of the expert...
Court Rejects Creditor’s Objection to Discharge Based on Debtor’s Alleged Concealment of Client List from Accounting Business Client

Court Rejects Creditor’s Objection to Discharge Based on Debtor’s Alleged Concealment of Client List from Accounting Business Client

by Royer Advisors | Dec 11, 2024 | Court Rulings

Case digest The case implicates section 727 of the U.S. Bankruptcy Code, which concerns a Chapter 7 debtor’s request for discharge. Objections to discharge are challenging to prove because the denial of discharge is the “death penalty” in bankruptcy. The objector has...
The District Court Refuses to Throw Out Experts Under Daubert Motions, Citing Differences in Admissibility and Scrutiny Under Cross-Examination

The District Court Refuses to Throw Out Experts Under Daubert Motions, Citing Differences in Admissibility and Scrutiny Under Cross-Examination

by Royer Advisors | Dec 11, 2024 | Court Rulings

Innovation Ventures, L.L.C. v. Custom Nutrition Labs., L.L.C. This case involves a consideration of motions by both the plaintiff and the defendant to exclude the testimony of the other party’s expert witness based on Daubert and the Federal Rules of Evidence....
Expert’s Failure to Review Debtor’s Reorganization Plan Results in ‘Defective’ Hotel Appraisals

Expert’s Failure to Review Debtor’s Reorganization Plan Results in ‘Defective’ Hotel Appraisals

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

The key issue in the bankruptcy proceedings involving a debtor entity that owned two hotels was the value of the hotels, which would control the amount of the main creditor’s secured and unsecured claims. The valuation date was October 2020, a point when the effect of...
Solvency Opinion Based on Management Projections Faces Daubert Challenge

Solvency Opinion Based on Management Projections Faces Daubert Challenge

by Royer Advisors | Dec 11, 2024 | Court Rulings, Debt & Financing

Official Committee of Unsecured Creditors v. Calpers Corp. Partners, LLC 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. Among the myriad of attacks...
Court Says Restaurants Fail to Meet Requirements for COVID-19-Related Business Interruption Coverage

Court Says Restaurants Fail to Meet Requirements for COVID-19-Related Business Interruption Coverage

by Royer Advisors | Dec 11, 2024 | Court Rulings

Rose’s 1, LLC v. Erie Ins. Exch. State and federal courts have started to rule on breach of contract claims from plaintiffs whose businesses suffered economic losses triggered by the COVID-19 crisis. Thus far, the court decisions have not been favorable to the...
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Recent Posts

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  • Expert’s Testimony Is Excluded as to Solvency—Adjustments to the Balance Sheet of Debtor Were Inappropriate
  • North Carolina Court of Appeals Affirms Trial Court as to Inclusion of Personal Goodwill

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