Value Scope

JANUARY 13, 2021

Click to Download: Update on Oil & Gas Royalties Litigation-Key Valuation Issue s. Executive Summary. Issue: When oil and gas prices are lower than expected, royalties go down. This is often when litigation picks up. But the real issue has to do with a lack of clarity in the text of royalty and lease documents. And this issue boils down to the valuation point, the physical location where the commodity or products are measured.

Fair Market Value 130

Fair Market Value Discounted Cash Flow Treasury Marketability 130

ABI

JANUARY 13, 2021

By: Matthew Kipnis. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . Under section 365(d)(3) of title 11 of the United States Code (the “Bankruptcy Code”), a trustee or debtor in possession must generally pay rent in accordance with the terms of an unexpired lease. In In re Pier 1 Imports, Inc. , the United States Bankruptcy Court for the Eastern District of Virginia held that it is was within the scope of the court’s authority to delay a debtor-retailer’s

Fair Market Value 45

Fair Market Value Marketability 45

Value Scope

JANUARY 13, 2021

Click to Download: Update on Oil & Gas Royalties Litigation-Key Valuation Issue s Executive Summary Issue: When oil and gas prices are lower than expected, royalties go down. This is often when litigation picks up. But the real issue has to do with a lack of clarity in the text of royalty and lease documents. And this issue boils down to the valuation point, the physical location where the commodity or products are measured.

Fair Market Value 100

Fair Market Value Discounted Cash Flow Treasury Marketability 100

ABI

JANUARY 13, 2021

By: Lianna Murphy. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff Member. . A judicial admission “is a statement made by a party or its counsel” regarding a fact that is binding on the admitting party throughout the case. [1] In Pillars v. GM LLC , the United States Court of Appeals for the Second Circuit held that language from a superseded sale agreement was not a binding judicial admission because such admissions must be “deliberate, clear and unambiguous

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Speaker: Susan Spencer, Principal of Spencer Communications

Intent signal data can go a long way toward shortening sales cycles and closing more deals. The challenge is deciding which is the best type of intent data to help your company meet its sales and marketing goals. In this webinar, Susan Spencer, fractional CMO and principal of Spencer Communications, will unpack the differences between contact-level and company-level intent signals.

Marketability

ABI

JANUARY 13, 2021

By: Antonio G. Sciarrotta. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In In re The Sunshine Group, LLC. , the United States Bankruptcy Appellate Panel of the Ninth Circuit affirmed the dismissal of a bankruptcy case because it was filed in bad faith. [1] The Sunshine Group, LLC. (the “Debtor”) operated a motel until 2015, when it began to develop plans to demolish the property and build an upgraded motel. [2] However, in 2016, the City of

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ABI

JANUARY 13, 2021

By: Mary T. Michalos. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In response to the economic fallout of the global COVID-19 pandemic, Congress passed the CARES Act, a part of which made government-guaranteed loans available to qualified small businesses through the Paycheck Protection Program (“PPP”). [i] The Small Business Administration (“SBA”) swiftly implemented several regulations regarding PPP eligibility, one of which disqualified debtors in

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ABI

JANUARY 13, 2021

By: Alexandria Stiteler. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff Member. . Under title 11 of the United States Code (the “Bankruptcy Code”), a trustee appointed to a debtor’s estate may avoid transfers made within two years before the date of the filing if the debtor received less than reasonably equivalent value in exchange.

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ABI

JANUARY 13, 2021

By: Valerie Timmerman. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff Member. . A court order for a stay pending appeal temporarily suspends the effect of a judgment while the decision is pending on appeal. [1] In In re Brown , the United States Bankruptcy Court for the Southern District of New York denied a non-debtor ex-spouse’s request for a stay pending appeal of an order expunging her claim to concealed marital assets. [2] According to the court, the ap

Finance 40

Finance Compliance 40

ABI

JANUARY 13, 2021

By: Eric Silverstein. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff Member. . Congress passed the Small Business Reorganization Act of 2019 (“SBRA”) to give small businesses a better chance to successfully reorganize under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). [1] One of the SBRA’s most important amendments was the addition of subchapter V to Chapter 11 of the Bankruptcy Code, which is designed to reduce the cost and comp

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ABI

JANUARY 13, 2021

By: Priya Suresh. St John’s University School of Law. American Bankruptcy Institute Law Review Staff. Under section 1521 of title 11 of the United States Code (the “Bankruptcy Code”), a bankruptcy court may enter an order enforcing a foreign restructuring in the United States. [1] In In re Olinda Star Ltd., a bankruptcy court in New York held that it would recognize Olinda Star’s British Virgin Island (“BVI”) proceeding and grant full force and effect and comity to a BVI scheme of ar

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Speaker: Wayne Spivak - President and Chief Financial Officer of SBA * Consulting LTD, Industry Writer, and Public Speaker

The old adages that "cash is king" and "you can’t spend profits" still hold true today. But however well-known these sayings might be, it requires a change in mindset to properly implement a cash flow management system that predicts your business's runaway as accurately as possible. Key to this new mindset is understanding the difference between the Statement of Cash Flows, a historical look at the source and uses of cash, and the Cash Flow Statement, which uses transaction history and forward-l

Corporate Finance

ABI

JANUARY 13, 2021

By: Matthew A. Seymour. St. John’s University School of Law. American Bankruptcy Institute Law Review , Staff Member. . In Principal Growth Strategies, LLC v. AGH Parent LLC , the Delaware District Court held that it must abstain from hearing a lawsuit and remand it on equitable grounds. [1] Platinum Partners Value Arbitrage Fund L.P. (“PPVA”) was in liquidation proceedings in the Cayman Islands where liquidators were appointed. [2] Upon the liquidators’ request, the United States B

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