Expert’s Failure to Review Debtor’s Reorganization Plan Results in ‘Defective’ Hotel Appraisals
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...
Improve Your Bottom Line with Better Inventory Management
In a competitive retail environment, there's little margin for error. If your business exhausts its inventory of a key product when it's most in-demand, you'll lose out on sales to competitors. And if you err in the other direction, you could be saddled with extra...
7 Steps to Promote Manufacturing Safety
Workplace safety is a top concern among manufacturers. Without taking COVID-19 into account, the National Institute for Occupational Safety and Health (NIOSH) estimates that occupations within the manufacturing sector account for 5% of U.S. workers. Yet, they...
Indiana Supreme Court Rejects Blanket Rule Against Discounts in Compulsory, Closed-Market Share Buyback
Hartman v. BigInch Fabricators & Construction Holding Co., Inc In 2020, the Indiana Court of Appeals overturned the trial court and found for the selling shareholder when it decided discounts were inappropriate in any compulsory, closed-market sale. The court did...
Spotlight on SPACs
Special purpose acquisition companies (SPACs) provide an alternate route for start-ups to access public markets instead of initial public offerings (IPOs). Roughly 200 SPACs debuted in 2020, drumming up close to $64 billion in funds. In 2020, there was as much capital...
Court Finds Valuation of Debtor Entity Must Account for COVID-19 Effect on Industry
A recent Chapter 11 bankruptcy ruling on the creditor’s election to treat its claim fully secured turned on valuation issues. On a basic level, the question was how to value a fitness club in the context of COVID-19 and the resulting economic uncertainty. The parties’...
Court Declines Motion to Dismiss Claim of Coverage for Loss of Income but dismisses the Claim of Coverage Under the Civil Authority Provision
Derek Scott Williams PLLC v. Cincinnati Ins. Co. Summary In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court declined to grant a motion to dismiss the claim of the plaintiff as to coverage for loss of business income...
Tax Court Allows for ‘Slight’ Discount for Lack of Control for Majority Interests in Real Estate Holding
Companies Estate of Warne v. Commissioner In a gift and estate tax dispute, the estate and Internal Revenue Service agreed to apply discounts for lack of control and marketability to the majority interests in several real estate holding companies. The U.S. Tax Court...
Court Rejects Creditor’s Objection to Discharge Based on Debtor’s Alleged Concealment of Client List from Accounting Business Client
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...
Why Cost Codes Are Critical to Construction Business Success
No matter the size of your construction business, cost codes are essential for tracking where and how you incur project costs. Although a job's overall cost will tell you what was spent and how much was made, it won't tell you why you spent the money or earned that...