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Court Digs Through Appreciation Issues in Complex Divorce Case

Court Digs Through Appreciation Issues in Complex Divorce Case

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

Kminek-Nierenberg v. Kenneth Nierenberg, 2016 N.J. Super. Unpub. LEXIS 2015 (Sept. 8, 2016) A complex New Jersey divorce litigation with multiple defendants and several family businesses illustrates the challenges appraisers and the trial court faced in determining...
‘Persuasive’ Defense Expert Testimony Defeats ESOP Overpayment Claims

‘Persuasive’ Defense Expert Testimony Defeats ESOP Overpayment Claims

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

Fish v. Greatbanc Trust Co., 2016 U.S. Dist. LEXIS 137351 (Sept. 1, 2016) In an important ESOP decision, the court dismissed claims that the defendants had committed breaches of fiduciary duty and engaged in a prohibited transaction. The case turned on the soundness...
The Ins and Outs of Deducting Legal Expenses

The Ins and Outs of Deducting Legal Expenses

by Royer Advisors | Dec 11, 2024 | Court Rulings, IRS Regulation, Tax Planning, Tax Preparation, Valuations

Currently under the federal income tax rules, legal expenses incurred by individuals are typically not deductible. Instead, they’re most often treated as either part of the cost of acquiring an asset, such as real estate, or as personal outlays (which are...
Daubert: It’s About Reliability of Testimony, Not Power of Persuasion

Daubert: It’s About Reliability of Testimony, Not Power of Persuasion

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

Post-Confirmation Comm. for Small Loans, Inc. v. Martin, 2016 U.S. Dist. LEXIS 44270 (March 31, 2016) A recent ruling in a complex bankruptcy case teaches that Daubert can accommodate differing views on determining solvency for multiple debtor entities. Consolidated...
‘Dramatic’ Valuation Adjustment Justifies Equity Committee

‘Dramatic’ Valuation Adjustment Justifies Equity Committee

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

In re Horsehead Holding Corp., 2016 Bankr. LEXIS 3187 (May 2, 2016) Shareholders in a bankrupt company rarely get to form an equity committee that represents their interests during the reorganization proceedings. But, in an extraordinary bankruptcy case, the court,...
Bankruptcy Court Favors DCF to Value Dissociated Interest

Bankruptcy Court Favors DCF to Value Dissociated Interest

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

Hanckel v. Campbell (In re Hanckel), 2015 Bankr. LEXIS 4202 (Dec. 11, 2015) Prior to filing for Chapter 7 bankruptcy, the debtor, who owned a stake in a family business, transferred his share to his father, the co-owner. Subsequently, the Chapter 7 trustee proved the...
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Recent Posts

  • Massachusetts Appellate Court Finds Double and Maybe Triple Dipping and Reverses and Remands
  • Iowa Appellate Court Affirms Date of Value and Value of Farming Operation in Shareholder Oppression Suit
  • New York Appellate Court Affirms Award of 20% of Appreciation of Business During Marriage to Wife and Awards Maintenance to Wife
  • 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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